DATA PROTECTION

DATA PROTECTION

Introduction
As the operator of the website at www.marchel.de, Marchel GmbH & Co. KG (henceforth "we") is the controller for the processing of users' personal data. You can find our contact data in the About section. The contact persons for queries regarding the processing of personal data are cited in this very privacy statement.

We collect, process and use your personal data in accordance with the content of the privacy statement, as well as applicable regulations governing data protection. This privacy statement is intended to provide you with information about the extent to which we collect, process and use your personal data.

Note on the controller
The controller for the processing of data on this website is:

Heinz Marchel GmbH & Co. KG
Ringstraße 3
D-49134 Wallenhorst

Tel.: +49-5407-8989-0
Fax: +49-5407-8989-79

E-Mail: info@marchel.de

A controller is a legal entity which makes decisions alone or jointly with others regarding the purposes and means of processing personal data. (E.g. names, email addresses, etc.)

Data of the external data protection officer
If you have questions regarding the processing of your personal data, you can refer to our external data protection officer, who is also available if you wish to look for information, make suggestions or lodge complaints:

The data protection officer responsible for processing is: Dr Thomas Krätzig:

KJ-NetworX GmbH 
Bahnhofstr. 10a 
49170 Hagen a.T.W. 
Deutschland

Tel.: +49 5405 80848655 
E-Mail: datenschutz@kj-networx.net

Terminology
Legislation requires that personal data be processed lawfully, fairly and in a transparent manner in relation to the data subject ("lawfulness, fairness and transparency"). In order to ensure this is the case, we are providing an explanation of the individual legal terms that are also used in this privacy statement:

  1. Data subject
    "A data subject is any identified or identifiable natural person whose personal data is processed by the entity responsible for its processing. "Data subjects" can always use our website without divulging their identity and without providing personal data. However, should you wish to request information, we will ask for your name and other personal information. You are free to decide whether or not to enter this information. You can see which details are required for use in the contact form (mandatory fields).

  2. Personal data
    "Personal data" means any information relating to an identified or identifiable natural person ("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.

    There is no automated decision-making based on your personal data in conjunction with use of our website.

  3. Processing
    "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.

  4. Restriction of processing
    "Restriction of processing" means the marking of stored personal data with the aim of limiting their processing in the future.

  5. Profiling
    "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.

  6. Pseudonymisation
    "Pseudonymisation" means the processing of personal data in such a manner 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 to ensure that the personal data cannot be attributed to an identified or identifiable natural person.

  7. Filing system
    "Filing system" means any structured set of personal data which are accessible according to specific criteria, whether centralised, decentralised or dispersed on a functional or geographical basis.

  8. Controller
    "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 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 nomination may be provided for by Union or member state law.

  9. Processor
    "Processor" means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

  10. Recipient
    "Recipient" means a natural or legal person, public authority, agency or another body, to which the personal data is 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; the processing of that data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.

  11. 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.

  12. Consent
    "Consent" of the data subject means any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

     

Security and protection of your personal data
We consider it our primary responsibility to protect the confidentiality of the personal data you provide and to protect it from unauthorised access. That is why we use the utmost care and state-of-the-art security standards to ensure the maximum protection of your personal data.

As a private company, we are subject to the provisions of the EU's General Data Protection Regulation (GDPR) and the regulations of the German Federal Data Protection Act (Bundesdatenschutzgesetz, or BDSG). We have taken technical and organizational measures to ensure that the data protection rules are respected both by us and by our external service providers.

Processing personal information
We essentially use your personal data to render the service you have requested. (E.g. query, order, etc.) We will not pass your data on to third parties without your express consent. Data will only be passed on if you yourself have consented to this or if we are authorised or obligated to do so due to legal regulations and/or official or judicial orders. In particular, this may concern the exchange of information for purposes of criminal prosecution, for protection against threats or for exercising intellectual property rights.

Lawfulness of processing
The processing of personal data is only lawful if there is a legal basis for processing. Pursuant to Art. 6, Para. 1, lit. a–f of the GDPR, the legal basis for the processing may include, in particular:

  1. The data subject has given consent to the processing of his or her personal data for one or more specific purposes.
  2. Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract.
  3. Processing is necessary for compliance with a legal obligation to which the controller is subject.
  4. Processing is necessary in order to protect the vital interests of the data subject or of another natural person.
  5. 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.
  6. Processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.

Information on the collection of personal data
(1) Below we describe the collection of personal data when using our website. Personal data refers to such information as names, addresses, email addresses, user behaviour.

(2) In the event of you getting in contact with us via email or through a contact form, the data you supply (your email address, perhaps also your name and telephone number) is saved by us in order to be able to respond to your queries. We delete the data accumulated in these circumstances once there is no further need for it to be saved, or processing is limited, if statutory retention requirements exist. Deletion of data can be requested at any time. Otherwise, deletion occurs once a matter has been fully resolved.

Collection of personal data when visiting our website
In the case of mere informational use of the website – in other words, if you do not register or otherwise provide us with information – we will only collect the personal data that your browser transmits to our server. If you want 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 of the GDPR):

  • IP address
  • Date and time of your query
  • Time zone difference to Greenwich Mean Time (GMT)
  • Content of the query (specific page)
  • Access status / HTTP status code
  • Data volume transmitted in each case
  • Website, from which the request came
  • Browser
  • Operating system and its interface
  • Language and version of the browser Software

 

Consequences of non-provision
We make it clear to you that the provision of personal data is in part legally prescribed (e.g. tax regulations) or may be required by contractual regulations (e.g. information regarding a contractual partner). Occasionally, a data subject providing us with personal data which then has to be processed by us may be necessary for the conclusion of a contract. The data subject may then, for example, be obligated to provide us with personal data if our company is concluding a contract with the data subject. The non-provision of personal data would mean that the contract with the data subject would not be able to be concluded. Prior to the provision of personal data by the data subject, the data subject must refer to one of our employees. Our employee will clarify to the data subject whether or not the provision of personal data is legally or contractually prescribed or is required for contract conclusion, whether an obligation exists to provide personal data and the consequences of not providing personal data in each specific case.

Data deletion and storage duration
We always delete or block your personal data if the purpose of storing it ceases to exist. Beyond this, however, storage may be performed if this is prescribed by legal provisions to which we are subject, such as in relation to statutory retention and documentation obligations. In such instances, we delete or block your personal data once the relevant provision ceases.

Use of cookies
(1) In addition to the aforementioned data, cookies are stored on your computer when you use our website. Cookies are small text files that are stored on your hard drive, assigned to the browser you are using, and provide certain information to the entity that set the cookie. Cookies cannot run programs or transmit viruses to your computer. They serve to make Internet content more user-friendly and effective overall.

(2) This website uses the following types of cookies, the scope and functionality of which are explained below:

  • Transient cookies (see 1.)
  • Persistent cookies (see 2.)
  1. Transient cookies are automatically deleted when you close your browser. This includes in particular session cookies. Session cookies store what is referred to as a session ID, with which various requests from your browser can be assigned to a common session. Consequently, your computer can be recognised when you return to our website. Session cookies are deleted when you log out or you close your browser.
  2. Persistent cookies are automatically deleted after a specified period of time which can vary depending on the cookie. You can delete the cookies in the safety settings of your browser at any time.
  3. You can configure your browser settings to your requirements and  B. reject the acceptance of third-party cookies or all cookies. So-called "third-party cookies" are cookies that have been placed by a third party; in other words, not by the actual website you are currently visiting. We bring to your attention that if cookies are deactivated you may not be able to use the full functionality of this website.
  4. We use cookies in order to be able to identify you on your subsequent visits in case you possess an account with us. The alternative would be having to log in again every time you visit.
  5. Preferences are not saved

(3) The website www.marchel.de uses the following cookies:

Name: PHPSESSID
Provider: marchel.de
Purpose: Retains the statuses of the user for all page queries
Duration: Session
Type: HTTP

Name: cookie
Provider: marchel.de
Purpose: Saves acknowledgement of cookie notices
Duration: 365 days
Type: HTTP

Name: _ga
Provider: google.de
Purpose: Registers a unique ID which is used to generate statistical data about how the user uses the website.
Duration: 2 years
Type: HTTP

Name: _gat
Provider: google.de
Purpose: Is used by Google Analytics to limit the query rate
Duration: 2 years
Type: HTTP

Name: _gid
Provider: google.de
Purpose: Registers a unique ID which is used to generate statistical data about how the user uses the website.
Duration: 2 years
Type: HTTP

Additional functions and content of our website
(1) In addition to a purely informational use of our website, we offer various services which you can make use of should you wish to do so. For this to happen, you usually have to specify additional personal data, which we use for providing you with the respective service, and to which the previously mentioned principles concerning data processing apply.

(2) Sometimes we commission external service providers with the processing of your data. Such service providers have been chosen and commissioned by us carefully, are bound by our instructions and are audited regularly.

(3) Furthermore, we can pass your personal data on to third parties if campaign efforts, prize competitions, concluded contracts or similar services are offered by us in conjunction with partners. You can find out more information on this by providing your personal data or at the bottom in the description of the content.

(4) If our service providers or partners are based in a country outside the European Economic Area (EEA), we will let you know about the implications of this circumstance in the description of the content.

Children
Our content is strictly intended for adults. Persons under the age of 18 should not transmit any personal data to us without the permission of a parent or legal guardian.

Rights of the data subject

(1) Revocation of consent
If the processing of personal data is based on consent having been provided, you have the right to withdraw your consent at any time. The withdrawal of consent shall not affect the lawfulness of any processing for which consent was given and which was carried out prior to the withdrawal thereof.

To exercise your right to withdraw your cansent, you may contact us at any time.

(2) Right to confirmation  

You have the right to obtain from the controller confirmation as to whether or not personal data relating to you is being processed by us. You may request this confirmation at any time using the contact details stated above.

(3) Right to information
Where personal data is processed, you may request information about this personal data and about the following details at any time:

  1. The purposes of the processing;
  2. The categories of personal data being processed;
  3. The recipients or categories of recipient to whom the personal data has been or will be disclosed, in particular recipients in third countries or international organisations;
  4. Where possible, the envisaged period for which the personal data will be stored, or, if 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 the data subject or to object to such processing.
  6. The criterion for the duration of retention of personal data is the respective statutory retention period. Once this period has lapsed, the relevant data is routinely deleted, provided it is no longer required for the fulfilment of the contract or contract initiation.
  7. The right to lodge a complaint with a supervisory authority;
  8. Where the personal data is not collected from the data subject, any available information as to their source;
  9. The existence of automated decision-making, including profiling pursuant to Art. 22, Para. 1 and 4 of the GDPR and, at least in these cases, detailed information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.

If personal data is transferred to a third country or to an international organisation, then you have the right to be informed of the appropriate safeguards pursuant to Article 46 of the GDPR relating to the transmission. We will provide a copy of the personal data which is subject to processing. For all additional copies which you request personally, we may apply an appropriate charge based on administration costs. If you submit the request electronically, the information is to be provided in a commonly used electronic format, unless otherwise requested. The right to obtain a copy according to paragraph 3 must not adversely affect the rights and freedoms of others.

(4) Right to correction
You have the right to obtain from us without undue delay the rectification of inaccurate personal data relating to you. Taking into account the purposes of the processing, you have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

(5) Right to erasure ("right to be forgotten")
You have the right to obtain from the controller the erasure of your personal data without undue delay, and we have the obligation to erase personal data without undue delay where one of the following grounds applies:

  1. The personal data is no longer necessary in relation to the purposes for which they were collected or otherwise processed.
  2. The data subject withdraws consent on which the processing is based according to item "a" of Art. 6, Para. 1, or item "a" of Art. 9, Para. 2 of the GDPR, and where there is no other legal ground for the processing
  3. The data subject objects to the processing pursuant to Art. 21, Para. 1 of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Art. 21, Para. 2 of the GDPR.
  4. The personal data has been unlawfully processed.
  5. The personal data has to be erased for compliance with a legal obligation in Union or member state law to which the controller is subject.
  6. The personal data has been collected in relation to the offer of information society services referred to in Art. 8, Para. 1 of the GDPR.

Where the controller has made the personal data public and is obliged pursuant to Para. 1 to erase the personal data, 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 the data subject has requested the erasure by such controllers of any links to, or copy or replication of, that personal data.
The right to erasure ("right to be forgotten") shall not apply where processing is necessary:

  • For exercising the right to freedom of expression and information;
  • 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;
  • For reasons of public interest in the area of public health in accordance with items "h" and "i" of Art. 9, Para. 2 as well as Art. 9, Para. 3 of the GDPR;
  • For archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Art. 89, Para. 1 of the GDPR in so far as the right referred to in Para. 1 is likely to render impossible or seriously impair the achievement of the objectives of that processing, or:
  • For the establishment, exercise or defence of legal Claims.

 

(6)  Right to restriction of processing
You have the right to obtain from the controller restriction of processing where one of the following applies:

  1. 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.
  2. The processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of its use instead.
  3. The controller no longer needs the personal data for the purposes of the processing, but it is required by the data subject for the establishment, exercise or defence of legal claims, or:
  4. The data subject has objected to processing pursuant to Art. 21, Para. 1 of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.

Where processing has been restricted under the conditions cited above, such personal data shall, with the exception of storage, only be processed with the data subject's 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.
In order to exercise the right to restriction of 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 your personal data which you have provided to us in a structured, commonly used and machine-readable format and have the right to transmit that data to another controller without hindrance from the controller to which the personal data has been provided, where:

  1. The processing is based on consent pursuant to item "a" of Art. 6, Para. 1 or item "a" of Art. 9, Para. 2 or on a contract pursuant to item "b" of Art. 6, Para. 1 of the GDPR, and
  2. The processing is carried out by automated means.

In exercising the right to data portability pursuant to Para. 1, you have the right to have the personal data transmitted directly from one controller to another, where technically feasible. The exercise of the right to data portability does not affect the right to erasure ("the right to be forgotten"). That 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 to object
You have the right to object, on grounds relating to your particular situation, at any time to the processing of your personal data which is based on item "e" or "f" of Art. 6, Para. 1 of the GDPR, including profiling based on those provisions. The controller shall no longer process the personal data unless the controller demonstrates 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.
Where personal data is processed for direct marketing purposes, then you have the right to object at any time to the processing of your personal data for such marketing, which includes profiling to the extent that it is related to such direct marketing. If you object to processing for the purpose of direct marketing, then your personal data will no longer be processed for these purposes.
In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you may exercise your right to object by automated means using technical specifications.
Where personal data is processed for scientific or historical research purposes or statistical purposes pursuant to Art. 89, Para. 1, you have the right, on grounds relating to your particular situation, to object to the processing of your personal data , unless the processing is necessary for the performance of a task carried out for reasons of public interest.
You may exercise your right to object at any time by contacting the responsible controller.

(9) Automated individual decision-making, 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:

  1. Is necessary for entering into, or performance of, a contract between the data subject and a data controller.
  2. Is authorised by Union or member state law to which the controller is subject, and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests; or Is authorised by Union or member state law to which the controller is subject, and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests; or
  3. Is based on the data subject's explicit consent.

The data controller shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, at least the right to obtain human intervention 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 responsible controller.

(10) 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 the data subject considers that the processing of personal data relating to him or her 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 Art. 77, you have the right to an effective judicial remedy where you consider that your rights under this Regulation have been infringed as a result of the processing of your personal data in non-compliance with this Regulation.

Use of Google Analytics
(1) This website uses Google Analytics, a Web-analysis service from Google Inc. ("Google"). Google Analytics uses what are referred to as "cookies" – text files that are stored on your computer, and which enable your use of the website to be analysed. The information generated by the cookie of your use of this website is usually transmitted to a Google server in the USA and stored there. However, in the event of IP anonymization on this website, your IP address will be shortened in advance by Google within member states of the European Union and in other treaty states of the Agreement on the European Economic Area. Only in exceptional cases will the entire IP address be first transferred to a Google server in the USA and truncated there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on your website activities and to provide the website operator with additional services associated with website use and Internet usage.

(2) The IP address communicated by your browser for the purpose of Google Analytics is not combined with other Google data.

(3) You may disable the storage of cookies by selecting the appropriate settings in your browser. However, please note that if you do this, you may not be able to use the full functionality of this website. You can also opt-out from having the data generated by the cookie and associated with your use of the website (including your IP address) being collected and processed by Google by downloading and installing the browser plug-in available from the link below: https://tools.google.com/dlpage/gaoptout?hl=en.

(4) This website uses Google Analytics with the enhancement "_anonymizeIp()". This processes IP addresses into abbreviated form, thus ruling out personal attribution. If data collected from you contains any personal reference to you, this is excluded immediately, and the personal data is thus immediately deleted.

(5) We use Google Analytics in order to be able to analyse and regularly improve the use of our website. We can use the statistics derived to improve our content and make it more interesting for you as a user. In exceptional circumstances in which personal data is transmitted to the USA, Google has been subject to the EU-US Privacy Shield; https://www.privacyshield.gov/EU-US-Framework. The legal basis for the use of Google Analytics is Art. 6, Para. 1, p. 1, lit. f of the GDPR.

(6) Details of the third-party provider: Google Dublin, Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland, Fax: +353 (1) 436 1001. User conditions:

https://www.google.com/analytics/terms/gb.html,Data protection overview: http://www.google.com/intl/de/analytics/learn/privacy.html, and the privacy statement: https://policies.google.com/privacy?hl=en&gl=ZZ.

(7) This website also uses Google Analytics for the cross-terminal analysis of visitor flows which is performed using a user ID. You can deactivate the cross-terminal analysis of your use in your user account under "My data", "Personal data".

This website uses cookies to make all functions fully usable and to analyze the traffic to this website. For more information see our privacy policy.
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