We are very pleased that you are interested in our company. Data protection is of particularly high priority for the management at hydroWEB GmbH. hydroWEB GmbH websites can generally be used without disclosing any personal data. However, if a data subject wishes to use particular services of our company via our website, the processing of personal data may become necessary. If the processing of personal data is necessary and there is no legal basis for such processing, we will generally obtain the consent of the data subject.
As the controller, hydroWEB GmbH has implemented numerous technical and organisational measures to ensure the most complete protection of personal data processed via this website. Nevertheless, security vulnerabilities are always possible in internet-based data transmissions, so absolute protection cannot be guaranteed. For this reason, every data subject is free to transfer personal data to us by alternative means, such as by telephone.
a) Personal data “Personal data” means any information relating to an identified or identifiable natural person (hereinafter “data subject”). An identifiable natural person is one who can be identified directly or indirectly, in particular by being linked to an identifier such as a name, identification number, location details, online identifier or to one or more special features that are an indication of the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
b) Data subject “Data subject” means any identified or identifiable natural person whose personal data are processed by the controller.
c) Processing “Processing” is any operation or set of operations performed on personal data – whether by automated means or not – such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, querying, use, disclosure by transmission, dissemination or any other form of provision, reconciliation or combination, restriction, deletion or destruction.
d) Limitation of processing “Limitation of processing” is the labelling of stored personal data with the aim of restricting their future processing.
e) Profiling “Profiling” means any type of automated processing of personal data consisting of the use of such personal data for the purpose of evaluating certain personal aspects relating to a natural person, in particular for the purpose of analysing or predicting aspects relating to that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, whereabouts or change of location.
f) Pseudonymisation “Pseudonymisation” means the processing of personal data such that the personal data can no longer be attributed to a specific data subject without the need for additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
g) Controller The controller is the natural person or legal entity, public authority, institution or other body that – alone or jointly with others – decides on the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by European Union or Member State law, the controller or the specific criteria for their designation may be provided for by EU law or the law of the Member States.
h) Processor A “processor” is a natural person or legal entity, public authority, institution or other body that processes personal data on behalf of the controller.
(i) Recipient A “recipient” is a natural person or legal entity, public authority, institution or other body to which personal data are disclosed, whether a third party or not. However, authorities that may receive personal data in the context of a specific investigation mandate under European Union or Member State law shall not be considered recipients.
(j) Third party A “third party” is a natural person or legal entity, public authority, institution or other body, other than the data subject, the controller, the processor and the persons who are authorised to process the personal data under the direct responsibility of the controller or processor.
k) Consent “Consent” is any freely given, specific, informed and unambiguous indication of the data subject’s wishes in the form of a declaration or other unequivocal confirmatory action by which the data subject indicates their agreement to the processing of personal data relating to them
2. Name and address of the controller
The controller within the meaning of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union and other provisions related to data protection is:
38820 Halberstadt Germany
Tel.: +49 3941 62552-0
3. Name and address of a Data Protection Officer
The controller’s Data Protection Officer is:
Tel.: +49 170 2347311
Any data subject can contact our Data Protection Officer directly at any time with any questions and suggestions regarding data protection.
4. Collection of general data and information
Whenever accessed by a data subject or automated system, the hydroWEB GmbH website collects a series of general data and information. These general data and information are stored in the server’s log files. The following can be recorded: (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (the so-called “referrer”), (4) the sub-sites accessed via a system accessing our website, (5) the date and time of access to the website, (6) an internet protocol address (IP address), (7) the internet service provider of the accessing system and (8) other similar data and information that are used to provide security in the event of attacks on our information technology systems. When using these general data and information, hydroWEB GmbH does not identify the data subject. Rather, this information is required (1) to deliver the content of our website correctly, (2) to optimise the content of our website as well as the advertising for it, (3) to ensure the long-term functionality of our information technology systems and the technology of our website, and (4) to provide law-enforcement authorities with the information necessary for criminal prosecution in the event of a cyber attack. Therefore, hydroWEB GmbH analyses anonymously collected data and information statistically and with the aim of increasing the data protection and data security of our company and ensuring an optimal level of protection for the personal data we process. The anonymous data in the server log files are stored separately from all personal data provided by a data subject.
5. Contact via the website
Legal regulations require the hydroWEB GmbH website to contain information that permits rapid electronic contact to our company and direct communication with us, which also includes a general address of the so-called electronic mail (email address). If a data subject contacts the controller by email or via a contact form, the personal data transmitted by the data subject will be automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the controller shall be stored for the purposes of processing or for contacting the data subject. These personal data will not be passed on to third parties.
6. Routine deletion and blocking of personal data
The controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage or as provided for by the European legislator or other legislators in laws or regulations to which the controller is subject. If the purpose of the storage no longer applies, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.
7. Rights of the data subject
a) Right to confirmation
Each data subject shall have the right granted by the European legislator to obtain from the controller confirmation as to whether or not personal data concerning them are being processed. If a data subject wishes to exercise this right to confirmation, they may contact an employee of the controller at any time.
b) Right to information
Each data subject shall have the right granted by the European legislator to obtain from the controller – at any time and free of charge – information about personal data stored concerning them and a copy of that information. The European legislator has also granted the data subject access to the following information:
- the purposes for processing;
- the categories of personal data processed;
- the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
- if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration;
- the existence of a right to rectification or erasure of personal data concerning them or to restriction of processing by the controller or a right to object to such processing;
- the existence of a right of appeal to a supervisory authority;
- if the personal data are not collected from the data subject, all available information on the origin of the data;
- the existence of automated decision-making, including profiling, in accordance with Art. 22(1) and (4) GDPR and, at least in these cases, meaningful information about the logic involved and the scope and intended effects of such processing on the data subject.
In addition, the data subject has a right to information on whether personal data have been transferred to a third country or to an international organisation. If this is the case, the data subject is also entitled to obtain information on the appropriate safeguards in connection with the transfer. If a data subject wishes to exercise this right to information, they may contact an employee of the controller at any time.
c) Right to rectification
Each data subject shall have the right granted by the European legislator to require the controller, without undue delay, to rectify inaccurate personal data concerning them. In addition, the data subject has the right, taking into account the purposes of the processing, to require the completion of incomplete personal data, including by means of a supplementary declaration. If a data subject wishes to exercise this right to rectification, they may contact an employee of the controller at any time.
d) Right to deletion (right to be forgotten)
Each data subject shall have the right granted by the European legislator to require the controller to erase personal data concerning them without undue delay, provided that one of the following reasons applies and provided that the processing is not necessary:
- The personal data have been collected or otherwise processed for purposes for which they are no longer necessary.
- The data subject withdraws their consent on which the processing was based pursuant to Art. 6(1a) GDPR or Art. 9(2a) GDPR, and there is no other legal basis for the processing.
- The data subject objects to the processing pursuant to Art. 21(1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Art. 21(2) GDPR.
- The personal data have been processed unlawfully.
- The deletion of personal data is necessary to comply with a legal obligation under European Union or Member State law to which the controller is subject.
- The personal data have been collected in relation to information society services offered pursuant to Art. 8(1) GDPR.
If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by hydroWEB GmbH, they may, at any time, contact an employee of the controller. The hydroWEB GmbH employee shall ensure that the erasure request is complied with without delay. If the personal data have been made public by hydroWEB GmbH and if our company, as the controller, is obliged to delete the personal data in accordance with Article 17(1) GDPR, hydroWEB GmbH shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform other controllers who process the published personal data that the data subject has requested the deletion of all links to these personal data or of copies or replications of these personal data from these other controllers, insofar as the processing is not necessary. The hydroWEB GmbH employee will arrange the necessary measures in individual cases.
e) Right to limitation of processing
Each data subject shall have the right granted by the European legislator to require the controller to restrict processing if one of the following conditions applies:
- The accuracy of the personal data is disputed by the data subject, for a period that allows the controller to verify the accuracy of the personal data.
- The processing is unlawful and the data subject declines the erasure of the personal data, instead requesting the restriction of the use of the personal data.
- The controller no longer needs the personal data for the purposes of processing, but the data subject needs them to assert, exercise or defend legal claims.
- The data subject has submitted an objection to the processing pursuant to Art. 21(1) GDPR and it is not yet clear whether the legitimate reasons of the controller outweigh those of the data subject.
If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by hydroWEB GmbH, they may contact an employee of the controller at any time. The hydroWEB GmbH employee will arrange for the restriction of the processing.
f) Right to data portability
Each data subject shall have the right granted by the European legislator to receive the personal data concerning them, which has been provided by the data subject to a controller, in a structured, commonly used and machine-readable format. They also have the right to transmit these data to another controller without hindrance by the controller to whom the personal data were made available, provided that the processing is based on consent pursuant to Art. 6(1a) GDPR or Art. 9(2a) GDPR or on a contract pursuant to Art. 6(1b) GDPR and the processing is carried out using automated methods, unless the processing is necessary for the performance of a task that is in the public interest or in the exercise of public authority that has been transferred to the controller.
Furthermore, in exercising their right to data portability pursuant to Article 20(1) GDPR, the data subject has the right to have personal data transmitted directly from one controller to another, insofar as this is technically feasible and does not adversely affect the rights and freedoms of other persons. In order to assert the right to data portability, the data subject may at any time contact an employee of hydroWEB GmbH.
g) Right of objection
Each data subject shall have the right granted by the European legislator to object at any time, on grounds relating to their particular situation, to processing of personal data concerning them that is based on point (e) or (f) of Art. 6(1) GDPR. This shall also apply to profiling based on these provisions.
hydroWEB GmbH shall no longer process the personal data in the event of objection, unless we can demonstrate compelling legitimate grounds for the processing that override the interests, rights and freedoms of the data subject, or such processing is used for the establishment, exercise or defence of legal claims.
If hydroWEB GmbH processes personal data for direct-marketing purposes, the data subject shall have the right to object at any time to the processing of personal data concerning them for such marketing. This shall also apply to profiling insofar as it is associated with such direct marketing. If the data subject objects to hydroWEB GmbH regarding the processing for direct-marketing purposes, hydroWEB GmbH will no longer process the personal data for these purposes.
In addition, the data subject has the right, on grounds relating to their particular situation, to object to the processing of personal data concerning them by hydroWEB GmbH for scientific or historical research purposes, or for statistical purposes pursuant to Art. 89(1) GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest. In order to exercise the right to object, the data subject may contact any employee of hydroWEB GmbH directly or another employee. Notwithstanding Directive 2002/58/EC, the data subject shall also be free to exercise their right to object to the use of information-society services by means of automated procedures using technical specifications.
h) Automated decisions on a case-by-case basis, including profiling
Each data subject shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects or otherwise significantly affects them, insofar as the decision (1) is not necessary for concluding or executing a contract between the data subject and the controller, or (2) is authorised by European Union or Member State law, to which the controller is subject, and which provides for appropriate measures to safeguard the data subject’s rights, freedoms and legitimate interests, or (3) is based on the data subject’s explicit consent.
If the decision (1) is necessary for concluding or executing a contract between the data subject and the controller, or (2) is based on the data subject’s explicit consent, hydroWEB GmbH shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, and at least the right to obtain human intervention on the part of the controller, to express their point of view and to contest the decision. If the data subject wishes to exercise this right with regard to automated decision-making, they may contact an employee of the controller at any time.
i) Right to withdraw consent under data protection law
Each data subject shall have the right granted by the European legislator to withdraw their consent to the processing of personal data at any time. If the data subject wishes to exercise the right to withdraw their consent, they may contact an employee of the controller at any time.
8. Data protection for job applications and during the application process
The controller collects and processes the personal data of applicants for the purpose of carrying out the application procedure. The processing may also be carried out electronically. This is particularly the case if an applicant submits corresponding application documents to the controller by electronic means, for example by email or via a web form on the website. If the data controller concludes an employment contract with an applicant, the data transmitted shall be stored for the purpose of processing the employment relationship in compliance with the statutory provisions. If the controller does not conclude an employment contract with the applicant, the application documents shall be automatically deleted two months after notification of the rejection decision, provided that deletion does not conflict with any other legitimate interests of the controller. Any other legitimate interest within this meaning is, for example, a burden of proof in proceedings under the German General Equality Act (AGG).
9. Legal basis for processing
Art. 6(1a) GDPR is the legal basis for our company’s processing operations, for 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 the data subject is a party – as is the case, for example, for processing operations necessary for the delivery of goods or the provision of another service or consideration – then the processing is based on Art. 6(1b) GDPR. The same applies for such processing operations as are necessary for carrying out pre-contractual measures, such as in cases of enquiries about our products or services. If our company is subject to a legal obligation that requires the processing of personal data, such as for the fulfilment of tax obligations, the processing is based on Art. 6(1c) GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and their name, age, health-insurance data or other vital information had to be disclosed to a doctor, hospital or other third parties. In this case, the processing would be based on Art. 6(1d) GDPR. Finally, processing operations could be based on Art. 6(1f) GDPR. Processing operations not covered by any of the aforementioned legal bases rest on this legal basis if the processing is necessary to safeguard a legitimate interest of our company or of a third party, provided that the interests, fundamental rights and freedoms of the data subject do not prevail. We are allowed to use such processing operations in particular because they have been specifically mentioned by the European legislator. In this respect, the legislator took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47 Sentence 2 GDPR).
10. Legitimate interests in the processing pursued by the controller or a third party
If the processing of personal data is based on Art. 6(1f) GDPR, our legitimate interest is to carry out our business activities for the benefit of all our employees and shareholders.
11. Duration for which the personal data are stored The criterion for the duration of the storage of personal data is the respective statutory retention period. After expiry of that period, the corresponding data will be routinely deleted, provided that they are no longer required for the fulfilment or initiation of the contract.
12. Legal or contractual provisions for the provision of personal data; necessity for the conclusion of a contract; obligation of the data subject to provide personal data; possible consequences of failure to provide personal data Please be aware that the provision of personal data is partly required by law (e.g., tax regulations) or may also result from contractual provisions (e.g., information on the contractual partner). In some cases, it may be necessary on conclusion of a contract for a data subject to provide us with personal data that are then processed by us. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with them. Failure to provide the personal data would mean that the contract with the data subject would not be able to be concluded. Before the data subject provides personal data, the data subject must contact one of our employees. In each individual case, our employee shall clarify to the data subject whether the provision of the personal data is required by law or contract, or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and what consequences the failure to provide the personal data would have.
13. Existence of automated decision-making