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Privacy policy

1. introduction

With the following information, we would like to give you as a “data subject” an overview of the processing of your personal data by us and your rights under data protection laws. In principle, it is possible to use our Internet pages without entering personal data. However, if you want to use special services of our enterprise via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain consent from you.

The processing of personal data, such as your name, address or e-mail address, is always in accordance with the Data Protection Regulation (DS-GVO) and in compliance with the applicable laws for the “Gebr. Tuxhorn GmbH & Co.KG” applicable country-specific data protection provisions.
By means of this privacy policy, we would like to inform you about the scope and purpose of the personal data collected, used and processed by us.

As the controller, we have implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. Nevertheless, Internet-based data transmissions can always have security gaps, so that absolute protection cannot be guaranteed. For this reason, you are free to submit personal data to us by alternative means, such as by telephone or mail.

2. person in charge

The responsible person in the sense of the DS-GVO is the:

Bros. Tuxhorn GmbH & Co.KG
Senner Str. 171
33659 Bielefeld , Germany
Phone: +49 521 44808-0
Fax: +49 521 44808-44
E-mail: info@tuxhorn.de

Head of the responsible office: Stephan Krebs

3. data protection officer

You can reach the data protection officer as follows:

Thomas Otten
c/o audatis Consulting GmbH
Phone: +49 5221 87292-0
Fax: +49 5221 87292-49
E-mail: datenschutz-tuxhorn@audatis.de

You can contact our data protection officer directly at any time with all questions and suggestions regarding data protection.

4. definitions

The data protection declaration is based on the terms used by the European Directive and Ordinance when adopting the General Data Protection Regulation (DS-GVO). Our privacy policy should be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to explain the terminology used in advance.

We use the following terms, among others, in this Privacy Policy:

Personal data
is any information relating to an identified or identifiable natural person. 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.

Person concerned
is any identified or identifiable natural person whose personal data are processed by the controller (our company).

Processing
means any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organization, filing, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

Restriction of processing
is the marking of stored personal data with the aim of limiting their future processing.

Profiling
is 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 analyze or predict aspects relating to that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or change of location.

Pseudonymization
is the processing of personal data in such a way that the personal data can no longer be allocated to a specific data subject without the use of additional information, provided that this additional information is stored separately and is subject to technical and organizational measures to ensure that the personal data is not allocated to an identified or identifiable natural person.

Processor
is a natural or legal person, public authority, agency or other body that processes personal data on behalf of the controller.

Receiver
is a natural or legal person, public authority, agency or other body to whom personal data is disclosed, whether or not a third party. However, authorities that may receive personal data in the context of a specific investigation mandate under Union or Member State law are not considered recipients.

Third
is a natural or legal person, public authority, agency or other body other than the data subject, the controller, the processor and the persons who, under the direct responsibility of the controller or the processor, are authorized to process the personal data.

Consent
means any freely given specific and informed indication of the data subject’s wishes in the form of a statement or other unambiguous affirmative act by which the data subject signifies his or her agreement to personal data relating to him or her being processed.

5. legal basis of the processing

Art. 6 par. 1 lit. a DS-GVO serves our company as the legal basis for processing operations in which we obtain consent for a specific processing purpose.

If the processing of personal data is necessary for the performance of a contract to which you are a party, as is the case, for example, with processing operations that are necessary for a delivery of goods or the provision of another service or consideration, the processing is based on Art. 6 para. 1 lit. b GDPR. The same applies to such processing operations that are necessary for the implementation of pre-contractual measures, for example in cases of inquiries about our products or services.

If our company is subject to a legal obligation by which a processing of personal data is required, such as for compliance with tax obligations, the processing is based on Art. 6 para. 1 lit. c GDPR.

In rare cases, the processing of personal data might become necessary to protect vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were to be injured on our premises and as a result his or her name, age, health insurance data or other vital information had to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6 para. 1 lit. d DS-GVO are based.

Ultimately, processing operations could be based on Art. 6 para. 1 lit. f DS-GVO are based. Processing operations not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to protect a legitimate interest of our company or a third party, provided that the interests, fundamental rights and freedoms of the data subject are not overridden. Such processing operations are permitted to us in particular because they have been specifically mentioned by the European legislator. In this respect, he took the view that a legitimate interest could be assumed if you are a customer of our company (recital 47 sentence 2 DS-GVO).

6. technology

6.1 SSL/TLS encryption

To ensure the security of data processing and to protect the transmission of confidential content, such as orders, login data or contact requests that you send to us as the operator, this site uses an SSL or SSL protocol. TLS encryption. You can recognize an encrypted connection by the fact that there is a “https://” instead of a “http://” in the address line of the browser and by the lock symbol in your browser line.

If SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties.

7. cookies

7.1 General information about cookies

We use cookies on our website. These are small files that your browser automatically creates and that are stored on your IT system (laptop, tablet, smartphone or similar) when you visit our site. Cookies do not cause any damage to your end device, do not contain viruses, Trojans or other malware.

Information is stored in the cookie that arises in each case in connection with the specific end device used. However, this does not mean that we thereby obtain direct knowledge of your identity.

The use of cookies serves on the one hand to make the use of our offer more pleasant for you. For example, we use so-called session cookies to recognize that you have already visited individual pages of our website. These are automatically deleted after leaving our site.

In addition, we also use temporary cookies to optimize user-friendliness, which are stored on your terminal device for a certain specified period of time. If you visit our site again to use our services, it is automatically recognized that you have already been with us and which entries and settings you have made so that you do not have to enter them again.

The data processed by these technically required cookies are necessary for the aforementioned purposes to protect our legitimate interests according to
Art. 6 par. 1 p. 1 lit. f DS-GVO required.

On the other hand, we use cookies to statistically record the use of our website and to evaluate it for the purpose of optimizing our offer for you. These cookies allow us to automatically recognize that you have already been with us when you visit our site again. These cookies are automatically deleted after a defined period of time.

For the placement of these technically unnecessary cookies and the processing of your personal data through such cookies, we obtain your consent, Art. 6 para. 1 p. 1 lit. a GDPR.

Most browsers accept cookies automatically. However, you can configure your browser so that no cookies are stored on your computer or a notice always appears before a new cookie is created. However, the complete deactivation of cookies may mean that you cannot use all the functions of our website.

8. contents of our website

8.1 Contacting

When contacting us (e.g. by e-mail), personal data is collected. This data is stored and used exclusively for the purpose of responding to your request or for contacting you and the associated technical administration. The legal basis for the processing of the data is our legitimate interest in responding to your request pursuant to Art. 6 para. 1 lit. f GDPR. If your contact aims at the conclusion of a contract, the additional legal basis for the processing is Art. 6 para. 1 lit. b GDPR. Your data will be deleted after final processing of your request, this is the case if it can be inferred from the circumstances that the matter concerned has been conclusively clarified and provided that there are no legal storage obligations to the contrary.

9. web analysis

9.1 Matomo (with cookies)

Matomo is software that is used for web analysis and reach measurement purposes. As part of the use of Matomo, cookies are generated and stored on the user’s terminal device.
User data collected through the use of Matomo is processed only by us and is not shared with third parties.
The cookies are stored for a maximum period of 13 months: https://matomo.org/faq/general/faq_146/;
Legal basis:
Consent (Art. 6 para. 1 p. 1 lit. a) DSGVO);
Deletion of data:
The cookies have a maximum storage period of 13 months.

9.2 Social networks

So that we can also communicate with you in social networks and inform you about our services, we are represented there with our own pages.
We are not the original provider (responsible party) of these pages, but merely use them within the scope of the possibilities offered to us by the respective providers.
Therefore, as a precaution, we point out that your data may also be processed outside the European Union or the European Economic Area. Use may therefore pose data protection risks for you, as it may be more difficult to protect your rights, e.g. to information, deletion, objection, etc., and processing in the social networks is often carried out directly for advertising purposes or to analyze user behavior by the providers, without this being able to be influenced by us. If usage profiles are created by the provider, cookies are often used or the usage behavior is directly assigned to your own member profile of the social networks (if you are logged in here).
The described processing operations of personal data are carried out in accordance with Art. 6 para. 1 lit. f DS-GVO on the basis of our legitimate interest and the legitimate interest of the respective provider in order to be able to communicate with you in a timely manner or to inform you about our services. If you have to give your consent to data processing as a user with the respective providers, the legal basis refers to Art. 6 para. 1 lit. a DS-GVO in conjunction with. Art. 7 DS-GVO.
As we do not have access to the providers’ databases, we would like to point out that it is best to assert your rights (e.g. to information, correction, deletion, etc.) directly with the respective provider. Further information on the processing of your data in the social networks and the possibility of making use of your right of objection or revocation (so-called opt-out), we have listed below at the respective provider of social networks used by us:

9.2.1 Facebook
Data controller in Europe:
Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.
Privacy Policy (Data Policy):
https://www.facebook.com/about/privacy
Opt-out and advertising settings:
https://www.facebook.com/ads/preferences/?entry_product=ad_settings_screen

9.2.2 Youtube
Data controller:
Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.
Privacy Policy:
https://policies.google.com/privacy
Opt-out and advertising settings:
https://adssettings.google.com/authenticated

9.2.3 LinkedIn
Data controller in Europe:
LinkedIn Ireland Unlimited Company Wilton Place, Dublin 2, Ireland.
Privacy Policy:
https://www.linkedin.com/legal/privacy-policy
Opt-out and advertising preferences:
https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out

10. your rights as a data subject

10.1 Right to confirmation

You have the right to request confirmation from us as to whether personal data concerning you is being processed.

10.2 Right to information Art. 15 DS-GVO

You have the right to receive from us at any time free of charge information about the personal data stored about you and a copy of this data.

10.3 Right of rectification Art. 16 DS-GVO

You have the right to request that inaccurate personal data concerning you be corrected. Furthermore, the data subject has the right to request the completion of incomplete personal data, taking into account the purposes of the processing.

10.4 Deletion Art. 17 DS-GVO

You have the right to demand that we delete the personal data concerning you without delay, provided that one of the reasons provided for by law applies and insofar as the processing is not necessary.

10.5 Restriction of processing Art. 18 DS-GVO

You have the right to demand that we restrict processing if one of the legal requirements is met.

10.6 Data portability Art. 20 DS-GVO

You have the right to receive the personal data concerning you, which has been provided to us by you, in a structured, common and machine-readable format. You also have the right to transfer this data to another controller without hindrance from us, to whom the personal data has been provided, provided that the processing is based on consent pursuant to Art. 6 para. 1 lit. a DS-GVO or Art. 9 para. 2 lit. a DS-GVO or on a contract pursuant to Art. 6 para. 1 lit. b DS-GVO and the processing is carried out with the aid of automated procedures, unless the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in us.

Furthermore, when exercising your right to data portability pursuant to Art. 20 para. 1 DS-GVO the right to obtain that the personal data be transferred directly from one controller to another controller, insofar as this is technically feasible and insofar as this does not adversely affect the rights and freedoms of other persons.

10.7 Objection Art. 21 DS-GVO

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 Art. 6 para. 1 lit. e (data processing in the public interest) or f (data processing on the basis of a balance of interests) DS-GVO.

This also applies to profiling based on these provisions within the meaning of Art. 4 No. 4 DS-GVO.

If you object, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves the assertion, exercise or defense of legal claims.

In individual cases, we process personal data in order to conduct direct advertising. You may object to the processing of personal data for the purpose of such advertising at any time. This also applies to profiling, insofar as it is associated with such direct advertising. If you object to us processing for direct marketing purposes, we will no longer process the personal data for these purposes.

In addition, you have the right, on grounds relating to your particular situation, to object to the processing of personal data concerning you which is carried out by us for scientific or historical research purposes or for statistical purposes pursuant to Art. 89 Para. 1 DS-GVO, unless such processing is necessary for the performance of a task carried out in the public interest.

You are free to exercise your right to object in connection with the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures using technical specifications.

10.8 Revocation of consent under data protection law

You have the right to revoke consent to the processing of personal data at any time with effect for the future.

10.9 Complaint to a supervisory authority

You have the right to lodge a complaint about our processing of personal data with a supervisory authority responsible for data protection.

11. routine storage, deletion and blocking of personal data

We process and store your personal data only for the period necessary to achieve the purpose of storage or if this has been provided for by the legal provisions to which our company is subject.

If the purpose of storage no longer applies or if a prescribed storage period expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.

12. duration of storage of personal data

The criterion for the duration of the storage of personal data is the respective statutory retention period. After expiry of the deadline, the corresponding data is routinely deleted, provided that it is no longer required for the fulfillment or initiation of the contract.

13. up-to-dateness and modification of the privacy policy

This privacy policy is currently valid and has the status November 2022.

Due to the further development of our Internet pages and offers or due to changed legal or official requirements, it may become necessary to change this data protection declaration. You can access and print out the current data protection declaration at any time on the website at: https://www.tuxhorn.de.