Data Protection Advice Notes according to Art. 13 GDPR

 

1. Name and contact details of the Controller

These Data Protection Notes apply to data processing by:

Controller: ITW Digraph GmbH
Address: Friedrich-Bergius-Ring 30, 97076 Würzburg
Telephone: +49 (0)931 25076 0
E-Mail address: [email protected]

2. Contact details of the Data Protection Officer

You may contact our Data Protection Officer at the following address:

SiDIT GmbH, Langgasse 20, 97261 Güntersleben
E-Mail: [email protected]

3. Collection and storage of personal data and type and purpose of such data and their use

a) Collection and storage

If you initiate contact with us for the first time and/or conclude a contract with us, then we will usually process the following information:

• Company name
• salutation, first name, surname of the designated contact person,
• address (if different: billing address),
• a valid e-mail address,
• telephone number (landline and/or mobile)
• fax number
• date of birth
• bank account
• Creditreform-Data
• Schufa-Data

We assign you a customer number in our system.

b) What do we process your data for (purpose of processing) and on what legal basis?

In the following text we will inform you of the purpose for which we process your data and the legal basis.

aa) For performance of contractual obligations and pre-contractual measures
(Art. 6 (1) (1) (b) GDPR)

We process your data to perform contractual obligations and to take steps prior to entering into a contract with you based on your request, i.e. in particular

• for performing a contract;
• for correspondence;
• for invoicing purposes;
• for processing warrenty claims;
• to conduct a sweepstakes and to hand over the prize or fulfill the entitlement to a prize;
• for settling and asserting any outstanding (liability) claims against you.

bb) Processing based on your consent (Art. 6 (1) (1) (a) GDPR)

If you have given us your consent to process personal data, the respective consent is the legal basis for the processing mentioned there.

This concerns in particular:

• collection and storage of further personal data
• advertising activities by telephone or e-mail
• posting a winner
• customer account
• Christmas, birthday or other greetings by e-mail

You may withdraw your consent at any time for the future. The foregoing also applies to declarations of consent you have given to us prior to the applicability of the GDPR, i.e. prior to 25 May 2018. We hereby inform you that withdrawal of consent will not affect the lawfulness of the processing carried out on the basis of consent prior to its withdrawal.

cc) Processing based on legitimate interests (Art. 6 (1) (1) (f) GDPR)

We may process your personal data on the basis of weighing of interests to preserve legitimate interests pursued by the controller or by a third party. This is examplarily performed for the following purposes:

• for keeping an order history for our future services
• for consulting and supporting our customers and the distribution of services and/or products
• general business management and development of services and products
• advertisement, market research and opinion research

Our interests on the respective processing of personal data arise from the respective purposes and is moreover based on economic nature. In possible and appropriate cases, we process your personal data pseudonymised or anonymised.

dd) Processing due to legal requirements (Art. 6 (1) (1) (c) GDPR)

We are subject to various legal obligations, such as statutory commercial retention and documentation obligations (under the German Commercial Code, the German Criminal Code or the German Tax Code).

4. Disclosure of data to third parties and processors

The passing on of personal data is also deemed ‘processing’, but we do wish to inform you again separately here regarding the issue of disclosure of your personal data to third parties. The protection of your personal data is very important to us. For this reason, we are particularly careful when it comes to passing on your data to third parties.

A transfer of your personal data to third parties will usually be for the following purposes:

• Processors with whom we have concluded an agreement in accordance with Art. 28 GDPR
• Dispatch (e.g. shipping providers)
• Payment (e.g. payment service providers)
• Accounting (e.g. tax advisors)
• Legal disputies (e.g. lawyers)
• Communication platforms (e.g. e-mail, WhatsApp, other messenger services)

5. Erasure

Your personal data will be erased by us when they are no longer necessary for the purposes for which they were collected or otherwise processed, where processing is no longer necessary for the exercise of the right of freedom of expression and information, for performance of a legal obligation, for reasons of public interest or for asserting, exercising or defending against legal claims.

6. Rights of the Data Subject

You have the following rights:

• pursuant to Art. 7 (3) GDPR, you have the right to withdraw your consent to us at any time. As a result, we will not be able to process the data based on that consent in future;
• pursuant to Art. 15 GDPR, you have the right to request information regarding your personal data being processed by us. In particular, you may request information regarding the purposes of processing, the categories of personal data, the categories of recipients to whom your data have been or will be disclosed, the planned retention period, the existence of a right of rectification, erasure, restriction of processing or objection, the existence of a right of appeal, the source of your data if not collected by us, and the existence of any automated decision-making processes included profiling and, if applicable, meaningful information on the details of such data;
• pursuant to 16 GDPR, you have the right to request prompt rectification of any incorrect or incomplete personal data stored by us;
• pursuant to Art. 17 GDPR, you have the right to request the erasure of your personal data stored with us, where they are no longer necessary for the purposes for which they were collected or otherwise processed, where the processing is no longer necessary for the exercise of the right of freedom of expression and information, for performance of a legal obligation, for reasons of public interest or for asserting, exercising or defending against legal claims;
• pursuant to Art. 18 GDPR, you have the right to request restriction of the processing of your personal data where the accuracy of the data is contested by you, the processing is unlawful but you oppose the erasure of the data and we no longer need the data, but they are required by you to assert, exercise or defend against legal claims or where you have lodged an objection to processing pursuant to Art. 21 GDPR;
• pursuant to Art. 20 GDPR, you have the right to receive your personal data that you have provided to us in a structured, commonly used and machine-readable format or to request that they be transferred to another Controller and
• you have the right to register a complaint with a supervisory authority under Art. 77 GDPR. As a rule, you may contact the supervisory authority located at your usual domicile or workplace.

7. Right to object

If your personal data are processed on the basis of legitimate interests pursuant to Art. 6 (1) (1) (f) GDPR, you have the right pursuant to Art. 21 GDPR to object to the processing of your personal data if there are reasons for objecting which arise from your personal situation. If you wish to exercise your right to object, then it will do to send an email to
[email protected]

Version of  01/12/2021