Data protection and GTC

Data protection and AGB

We are pleased that you are visiting our website. The protection and security of your personal information when using our website is very important to us. We would therefore like to inform you here about which of your personal data we collect when you visit our website and for what purposes it is used.

This data protection declaration applies to the Internet offering of DEFLEX-Dichtsysteme GmbH, which can be accessed under the domain deflex.de and the various subdomains ("our website").

1. who is responsible and how can I reach you?

1.1 Person responsible

for the processing of personal data within the meaning of the EU General Data Protection Regulation (GDPR)

DEFLEX®-Dichtsysteme GmbH
Heinrich-Hertz-Straße 18-22
D-47445 Moers
Germany

49 (0) 2841 / 88 88 - 0
Fax: + 49 (0) 2841 / 88 88 - 199

info@deflex.de
www.deflex.de

1.2 Data Protection Officer

Dr Nils Helmke
AGAD Service GmbH
Waldring 43 - 47
D-44789 Bochum

datenschutz@agad-service.de

2. what is it about?

This privacy statement complies with the legal requirements for transparency in the processing of personal data. This is any information relating to an identified or identifiable natural person. This includes, for example, information such as your name, age, address, telephone number, date of birth, email address, IP address or user behaviour when visiting a website. Information for which we cannot (or can only with disproportionate effort) establish a link to your person, e.g. through anonymisation, is not personal data. The processing of personal data (e.g. collection, retrieval, use, storage or transmission) always requires a legal basis and a defined purpose.

Stored personal data are deleted as soon as the purpose of the processing has been achieved and there are no legitimate grounds for further retention of the data. We will inform you in the individual processing operations about the specific storage periods or criteria for storage. Irrespective of this, we store your personal data in individual cases for the assertion, exercise or defence of legal claims and if there are statutory retention obligations.

3. who gets my data?

We only disclose your personal data that we process on our website to third parties if this is necessary for the fulfilment of the purposes and is covered by the legal basis in the individual case (e.g. consent or safeguarding legitimate interests). In addition, we disclose personal data to third parties in individual cases if this serves the assertion, exercise or defence of legal claims. Possible recipients may then be, for example, law enforcement agencies, lawyers, auditors, courts, etc.

Insofar as we use service providers for the operation of our website who process personal data on our behalf within the scope of commissioned processing pursuant to Art. 28 DSGVO, they may be recipients of your personal data. You can find more information on the use of processors and web services in the overview of the individual processing operations.

4. do you use cookies?

Cookies are small text files that are sent by us to the browser of your end device when you visit our website and are stored there. As an alternative to the use of cookies, information can also be stored in the local storage of your browser. Some functions of our website cannot be offered without the use of cookies or local storage (technically necessary cookies). Other cookies, however, enable us to carry out various analyses, so that we are able, for example, to recognise the browser you are using when you visit our website again and to transmit various information to us (non-essential cookies). With the help of cookies, we can, among other things, make our website more user-friendly and effective for you, for example by tracking your use of our website and determining your preferred settings (e.g. country and language settings). If third parties process information via cookies, they collect the information directly via your browser. Cookies do not cause any damage to your end device. They cannot execute programs or contain viruses.

We provide information about the respective services for which we use cookies in the individual processing operations. Detailed information on the cookies used can be found in the cookie settings or in the Consent Manager of this website.

What rights do I have?

Under the conditions of the statutory provisions of the General Data Protection Regulation (GDPR), you have the following rights as a data subject:
- information pursuant to Art. 15 GDPR about the data stored about you in the form of meaningful information about the details of the processing, as well as a copy of your data;
- correction pursuant to Art. 16 GDPR of incorrect or incomplete data stored by us;
- deletion pursuant to Art. 17 DSGVO of the data stored by us, insofar as the processing is not necessary for the exercise of the right to freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the assertion, exercise or defence of legal claims;
- Restriction of processing pursuant to Art. Art. 18 DSGVO, insofar as the accuracy of the data is disputed, the processing is unlawful, we no longer need the data and you refuse their deletion because you need them for the assertion, exercise or defence of legal claims or you have objected to the processing pursuant to Art. 21 DSGVO.
- Data portability pursuant to Art. 20 DSGVO, insofar as you have provided us with personal data within the scope of consent pursuant to Art. 6 Para. 1 lit. a DSGVO or on the basis of a contract pursuant to Art. 6 Para. 1 lit. b DSGVO and these have been processed by us with the aid of automated procedures. You will receive your data in a structured, common and machine-readable format or we will transfer the data directly to another responsible party, insofar as this is technically feasible.
- Objection pursuant to Art. 21 DSGVO against the processing of your personal data, insofar as this is carried out on the basis of Art. 6 Para. 1 lit. e, f DSGVO and there are reasons for this which arise from your particular situation or the objection is directed against direct advertising. The right to object does not exist if overriding compelling legitimate grounds for the processing can be demonstrated or the processing is carried out for the assertion, exercise or defence of legal claims. Where the right to object does not exist for individual processing operations, this is indicated there.
- Revocation pursuant to Art. 7 (3) DSGVO of your granted consent with effect for the future.
- Complaint pursuant to Art. 77 of the GDPR to a supervisory authority if you are of the opinion that the processing of your personal data violates the GDPR. As a rule, you can contact the supervisory authority of your usual place of residence, your place of work or our company headquarters.

6. how will my data be processed in detail?

In the following, we inform you about the individual processing operations, the scope and purpose of the data processing, the legal basis, the obligation to provide your data and the respective storage period. An automated decision in individual cases, including profiling, does not take place.

6.1 Provision of the website

Type and scope of processing
When you access and use our website, we collect the personal data that your browser automatically transmits to our server. The following information is temporarily stored in a so-called log file:
- IP address of the requesting computer
- Date and time of access
- Name and URL of the retrieved file
- Website from which the access is made (referrer URL)
- Browser used and, if applicable, the operating system of your computer, as well as the name of your access provider.

Purpose and legal basis
The processing is carried out to protect our overriding legitimate interest in displaying our website and ensuring security and stability on the basis of Art. 6 para. lit. f DSGVO. The collection of data and storage in log files is absolutely necessary for the operation of the website. There is no right to object to the processing due to the exception under Art. 21 (1) DSGVO. Insofar as the further storage of log files is required by law, the processing is carried out on the basis of Art. 6 para. 1 lit. c DSGVO. There is no legal or contractual obligation to provide the data, however, calling up our website is not technically possible without providing the data.

Storage period
The aforementioned data will be stored for the duration of the website display [and for technical reasons for a maximum of [7 days]].

6.2 Contact form

Type and scope of processing
On our website, we offer you the opportunity to contact us via a form provided. The information collected via mandatory fields is necessary to process the request. Furthermore, you can voluntarily provide additional information that you consider necessary for processing the contact request.
When using the contact form, your personal data will not be passed on to third parties.

Purpose and legal basis
The processing of your data through the use of our contact form is carried out for the purpose of communication and processing your enquiry on the basis of your consent pursuant to Art. 6 (1) lit. a DSGVO. Insofar as your enquiry relates to an existing contractual relationship with us, the processing is carried out for the purpose of fulfilling the contract on the basis of Art. 6 para. 1 lit. b DSGVO. There is no legal or contractual obligation to provide your data, but the processing of your request is not possible without the provision of the information of the mandatory fields. Insofar as you do not wish to provide this data, please contact us by other means.

Storage period
If you use the contact form on the basis of your consent, we store the data collected for each enquiry for a period of three years, starting with the completion of your enquiry or until you revoke your consent.

6.3 Newsletter

Type and scope of processing
If you register on our website to receive our newsletter, we collect your email address [and your name] and store this information together with the date of registration and your IP address. You will then receive an e-mail in which you must confirm your registration for the newsletter (double opt-in).
The newsletter is sent directly by us. Your data will not be passed on to third parties or processors within the meaning of Art. 28 DSGVO.

Purpose and legal basis
We process your data for the purpose of sending the newsletter on the basis of your consent pursuant to Art. 6 para. 1 lit. a DSGVO. By unsubscribing from the newsletter, you can declare your revocation in accordance with Art. 7 (3) DSGVO at any time with effect for the future. There is no legal or contractual obligation to provide your data, but it is not possible to send the newsletter without providing your data.

Storage period
After registration for the newsletter, we store the data for a maximum of] until the registration is confirmed. After successful confirmation, we store your data until you revoke your consent (unsubscribe from the newsletter).

6.4 Registration of a customer account

Type and scope of processing
As part of the order processing, we collect your personal data for the registration of a customer account. You can choose whether you want to order as a guest or register a permanent user account. The information collected during registration via the mandatory fields is identical in both cases and is required for processing the order in the online shop. When registering a permanent user account, we also collect a password that you define yourself. Furthermore, you can voluntarily provide additional information that you consider necessary for the processing of the order.
Your personal data will only be passed on to third parties (e.g. shipping service providers / forwarding agents) and order processors in accordance with Art. 28 DSGVO insofar as this is necessary for the processing of the order.

Purpose and legal basis
We process your personal data for the purpose of registering a customer account to fulfil a contract with you pursuant to Art. 6 (1) lit. b DSGVO. There is a contractual obligation to provide your data as far as it relates to the mandatory fields, as this information is necessary to identify you as well as for the fulfilment of the contract on our part. There is no legal obligation to provide the data. Without the provision of this information, the order in our online shop and thus the conclusion of a contract is not possible. There is no obligation to provide additional information voluntarily. It is also possible to place an order in our online shop without disclosing the voluntary information.
The supplementary processing of your password for the registration of the permanent user account is carried out for the purpose of providing a customer account and for the presentation of your previous purchases as well as for the storage of your purchase-related data (e.g. storage of invoice address, various delivery addresses) on the basis of your consent pursuant to Art. 6 para. 1 lit. a DSGVO. By deleting your customer account, you can declare your revocation in accordance with Art. 7 para. 3 DSGVO at any time with effect for the future.

Storage period
If you order as a guest, we store your personal data until your order has been completely processed (end of contract). If you register for a permanent customer account, we will store the purchase-related data beyond the end of the contract until you revoke your consent (deletion of the customer account). In both cases, further storage of your data will only take place if there are legal
retention obligations (for example, tax and commercial law).

6.5 Matomo (formerly Piwik)

Type and scope of processing
We use the open source software tool Matomo (formerly PIWIK) on our website. The software sets a cookie in your browser (for cookies, see above). If individual pages of our website are called up, the following data is stored:
1. Two bytes of the IP address of the user's calling system (anonymised IP address)
2. The website called up
3. The website from which the user accessed the accessed website (referrer)
4. The subpages accessed from the accessed website
5. The time spent on the website
6. The frequency of access to the website
We use a version of the software hosted by Piwik PRO Sp. z o.o., ul. Św. Antoniego 2/4, 50-073 Wrocław, Poland. In the process, the above-mentioned data is processed by Piwik PRO Sp. z o.o..

Purpose and legal basis
We process your data with the help of the analysis software Matomo for the purpose of evaluating the use of individual components and contents of our website on the basis of your consent pursuant to Art. 6 para. 1 lit. a DSGVO. You give your consent by setting the use of cookies (cookie banner / Consent Manager), with which you can also declare your revocation at any time with effect for the future in accordance with Art. 7 para. 3 DSGVO. There is no legal or contractual obligation to provide your data. If you do not give us your consent, it is possible to visit our website without restriction, but not all functions may be fully available.

Storage period
The specific storage period of the processed data cannot be influenced by us, but is determined by Piwik PRO Sp. z o.o.. Further information can be found in the data protection declaration for Piwik PRO: https://piwik.pro/privacy-security/.

6.6 Presence on social media platforms

We maintain so-called fan pages or accounts or channels on the networks mentioned below in order to provide you with information and offers also within social networks and to offer you further ways to contact us and to inform yourself about our offers. In the following, we will inform you about which data we or the respective social network process from you in connection with calling up and using our fan pages/accounts.

Data that we process from you
If you would like to contact us via messenger or direct message via the respective social network, we generally process your user name that you use to contact us and, if applicable, store other data that you provide to the extent that this is necessary to process/respond to your request.
The legal basis is Art. 6 para. 1 sentence 1 f) DSGVO (processing is necessary to protect the legitimate interests of the controller).

(Static) usage data we receive from social networks
We receive automated statistics regarding our accounts via Insights functionalities. The statistics include, among other things, the total number of page views, likes, information on page activities and post interactions, reach, video views and information on the proportion of men/women among our fans/followers.
The statistics only contain aggregated data that cannot be related to individual persons. You are not identifiable to us through this.

What data the social networks process from you
In order to view the content of our fan pages or accounts, you do not have to be a member of the respective social network and in this respect no user account is required for the respective social network.

Please note, however, that the social networks also collect and store data from website visitors without a user account when the respective social network is called up (e.g. technical data in order to be able to display the website to you) and use cookies and similar technologies, over which we have no control. For details, please refer to the privacy policy of the respective social network (see the corresponding links above).

Insofar as you wish to interact with the content on our fan pages/accounts, e.g. comment on, share or like our postings/contributions and/or contact us via messenger functions, prior registration with the respective social network and the provision of personal data is required.

We have no influence on the data processing by the social networks within the scope of their use by you. To our knowledge, your data is stored and processed in particular in connection with the provision of the services of the respective social network, as well as for the analysis of user behaviour (using cookies, pixels/web beacons and similar technologies), on the basis of which advertising based on your interests is displayed both within and outside the respective social network. It cannot be ruled out that your data will be stored by the social networks outside the EU/EEA and passed on to third parties.

Information on, among other things, the exact scope and purposes of the processing of your personal data, the storage period/deletion as well as guidelines on the use of cookies and similar technologies in the context of registration and use of the social networks can be found in the privacy policy/cookie policy of the social networks. There you will also find information on your rights and objection options.

6.6.1 Facebook page

When you visit our Facebook page, Facebook collects, among other things, your IP address and other information that is present on your PC in the form of cookies. This information is used to provide us, as operators of the Facebook pages, with statistical information about the use of the Facebook page. Facebook provides more detailed information on this under the following link: https://facebook.com/help/pages/insights.

We are not able to draw conclusions about individual users by means of the statistical information transmitted. We only use this information to respond to the interests of our users and to continuously improve our online presence and ensure its quality.

We collect your data via our fan page only in order to realise a possible provision for communication and interaction with us. This collection usually includes your name, message content, comment content and the profile information you provide "publicly".

The processing of your personal data for our above-mentioned purposes is based on our legitimate business and communicative interest in offering an information and communication channel pursuant to Art. 6 (1) f) DSGVO. Should you, as a user, have given your consent to the data processing vis-à-vis the respective provider of the social network, the legal basis of the processing extends to Art. 6 para. 1 a), Art. 7 DSGVO.

Due to the fact that the actual data processing is carried out by the provider of the social network, our access to your data is limited. Only the provider of the social network is authorised to fully access your data. Because of this, only the provider can directly take and implement appropriate measures to fulfil your user rights (information request, deletion request, objection, etc.). The most effective way to assert your rights is therefore to contact the provider directly.

We are jointly responsible with Facebook for the personal content of the fan page. Data subject rights can be asserted with Facebook Ireland as well as with us.
The primary responsibility for the processing of Insights data lies with Facebook under the GDPR and Facebook complies with all obligations under the GDPR with regard to the processing of Insights data, Facebook Ireland provides the essence of the Page Insights Supplement to data subjects.

We do not make any decisions regarding the processing of Insights data and all other information resulting from Art. 13 GDPR, including legal basis, identity of the controller and storage period of cookies on user terminals.

You can find further information directly at Facebook (Supplementary Agreement with Facebook): https://www.facebook.com/legal/terms/page_controller_addendum.

6.6.2 Instagram page

When you visit our Instagram page, Instagram collects, among other things, your IP address and other information that is present on your PC in the form of cookies. This information is used to provide us, as the operator of the Instagram pages, with statistical information about the use of the Instagram page. Instagram provides more detailed information on this at the following link: https://www.facebook.com/help/instagram/788388387972460?helpref=related.

We are not able to draw conclusions about individual users by means of the statistical information transmitted. We only use this information to respond to the interests of our users and to continuously improve our online presence and ensure its quality.

We collect your data via our fan page only in order to realise a possible provision for communication and interaction with us. This collection usually includes your name, message content, comment content and the profile information you provide "publicly".

The processing of your personal data for our above-mentioned purposes is based on our legitimate business and communicative interest in offering an information and communication channel pursuant to Art. 6 (1) f) DSGVO. Should you, as a user, have given your consent to the data processing vis-à-vis the respective provider of the social network, the legal basis of the processing extends to Art. 6 para. 1 a), Art. 7 DSGVO.

Due to the fact that the actual data processing is carried out by the provider of the social network, our access to your data is limited. Only the provider of the social network is authorised to fully access your data. Because of this, only the provider can directly take and implement appropriate measures to fulfil your user rights (information request, deletion request, objection, etc.). The most effective way to assert your rights is therefore to contact the provider directly.

We are jointly responsible with Instagram for the personal content of the fan page. Data subject rights can be asserted with Facebook Ireland as well as with us.
The primary responsibility for the processing of Insights data lies with Instagram under the GDPR and Instagram complies with all obligations under the GDPR with regard to the processing of Insights data, Facebook Ireland provides the essence of the Page Insights Supplement to data subjects.

We do not make any decisions regarding the processing of Insights data and all other information resulting from Art. 13 GDPR, including legal basis, identity of the controller and storage period of cookies on user terminals.

You can find more tips directly on Instagram: https://help.instagram.com/519522125107875.

6.7 Google Tag Manager

Type and scope of processing
We use Google Tag Manager from Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. Google Tag Manager is used to manage website tags via an interface and enables us to control the precise integration of services on our website.

This allows us to flexibly integrate additional services in order to evaluate user access to our website.

Purpose and legal basis
The use of Google Tag Manager is based on your consent in accordance with Art. 6 para. 1 lit. a. GDPR and § 25 para. 1 TDDDG.

We intend to transfer personal data to third countries outside the European Economic Area, in particular the USA. The data transfer to the USA is carried out in accordance with Art. 45 para. 1 GDPR on the basis of the adequacy decision of the European Commission. The US companies involved and/or their US subcontractors are certified in accordance with the EU-U.S. Data Privacy Framework (EU-U.S. DPF).

In cases where there is no adequacy decision by the European Commission (including US companies that are not certified under the EU-U.S. DPF), we have agreed other appropriate safeguards with the recipients of the data within the meaning of Art. 44 et seq. GDPR have been agreed. Unless otherwise stated, these are standard contractual clauses of the EU Commission in accordance with Implementing Decision (EU) 2021/914 of June 4, 2021. You can view a copy of these standard contractual clauses at https://eur-lex.europa.eu/legal-content/DE/TXT/HTML/?uri=CELEX:32021D0914&from=DE.

In addition, before such a third country transfer, we obtain your consent in accordance with Art. 49 para. 1 sentence 1 lit. a. GDPR, which you give via the consent in the Consent Manager (or other forms, registrations, etc.). We would like to point out that in the case of third country transfers, there may be risks that are unknown in detail (e.g. data processing by security authorities in the third country, the exact scope and consequences of which for you we do not know, over which we have no influence and of which you may not become aware).

Storage duration
The specific storage duration of the processed data cannot be influenced by us, but is determined by Google Ireland Limited. Further information can be found in the privacy policy for Google Tag Manager: https://marketingplatform.google.com/about/analytics/tag-manager/use-policy/.

6.8 Participation in the "Insect Conservationist of the Year" competition

When you register for the "Insect Conservationist of the Year" competition, your details from the registration form, your "story" and the images you upload will be stored. This data will be used exclusively for the implementation of the competition and the publication of the result. The legal basis for the processing of the data in the course of the implementation of the competition is Art. 6 para. 1 sentence 1 lit. b) DS-GVO and for the processing in the course of the publication of the result Art. 6 para. 1 sentence 1 lit. f) DS-GVO.

The competition entries of individual participants and the winner of the competition will be published on our website and social media pages.

The data will remain with us until you request us to delete it or the purpose for storing the data no longer applies (e.g. after the competition has been completed). Mandatory legal provisions - in particular retention periods - remain unaffected.

7. amendment of this privacy policy

The constant development of the Internet and the changes in the applicable legal standards frequently associated with this make it necessary to adapt our data protection declaration from time to time. DEFLEX® reserves the right to change this data protection declaration at any time in compliance with the provisions of data protection law.

 

General terms and conditions

Responsible for the content: DEFLEX®-Dichtsysteme GmbH

Disclaimer

1. content of the online offer:
DEFLEX®-Dichtsysteme GmbH accepts no responsibility for the topicality, correctness, completeness or quality of the information provided. Liability claims against DEFLEX®-Dichtsysteme GmbH relating to material or non-material damage caused by the use or non-use of the information provided or by the use of incorrect or incomplete information are excluded as a matter of principle, unless there is evidence of wilful intent or gross negligence on the part of DEFLEX®-Dichtsysteme GmbH.

2. references and links:
The author is not responsible for any contents linked or referred to from his pages - unless he has full knowledge of illegal contents and would be able to prevent the visitors of his site fromviewing those pages. The author hereby expressly declares that at the time the links were created, no illegal content was discernible on the linked pages. The author has no influence on the current and future design, content or authorship of the linked pages. For this reason, he hereby expressly distances himself from all contents of all linked pages that were changed after the link was created. This statement applies to all links and references set within the author's own website as well as to external entries in guest books, discussion forums and mailing lists set up by the author. Liability for illegal, incorrect or incomplete content and in particular for damages arising from the use or non-use of such information lies solely with the provider of the page to which reference is made, and not with the party who merely refers to the respective publication via links.

Copyright and trademark law:
The author endeavours to observe the copyrights of the graphics, sound documents, video sequences and texts used in all publications, to use graphics, sound documents, video sequences and texts created by himself or to use licence-free graphics, sound documents, video sequences and texts. All brand names and trademarks mentioned on the website and possibly protected by third parties are subject without restriction to the provisions of the applicable trademark law and the ownership rights of the respective registered owners. The mere mention of a trademark does not imply that it is not protected by the rights of third parties! The copyright for published objects created by the author himself remains solely with the author of the pages. Any duplication or use of objects such as diagrams, sounds or texts in other electronic or printed publications is not permitted without DEFLEX®-Dichtsysteme GmbH's agreement.

This applies in particular to the brand names of the following companies and associations, such as Deutsche Gesellschaft für Nachhaltiges Bauen - DGNB e.V., DQS GmbH, DAkkS Deutsche Akkreditierungsstelle, IQNet - The International Certification Network (Bern, Switzerland), aluplast GmbH (Karlsruhe), Corona Gmbh (Relingen), Inoutic / Deceuninck GmbH (Bogen), heroal - Johann Henkenjohann GmbH & Co. KG (Verl), GEALAN Tanna Fenster-Systeme GmbH (Tanna), Kömmerling - profine GmbH (Troisdorf), REHAU GmbH (Guntramsdorf), VEKA AG (Sendenhorst), Schüco International KG (Bielefeld), HUECK GmbH & Co. KG (Lüdenscheid), Hartmann Fensterwerk T. Hartmann (Kirchardt-Berwangen), Wicona - Sapa Building Systems GmbH (Ulm), Hydro Aluminium Deutschland GmbH (Grevenbroich), Kawneer - Alcoa Aluminium Deutschland Inc. (Iserlohn), Jansen AG (Oberriet, Switzerland), RAICO Bautechnik GmbH (Pfaffenhausen), etc.

4. data protection according to DSGVO:
If the opportunity for the input of personal or business data (email addresses, names, addresses) is given, the input of these data takes place voluntarily. Further information on general data protection in accordance with DSGVO (German Data Protection Regulation) can be found in our data protection declaration.

5 Legal validity of this disclaimer:
This disclaimer is to be regarded as part of the internet publication which you were referred from. If sections or individual terms of this statement are not legal or correct, the content or validity of the other parts remain uninfluenced by this fact.