Conditions of sale and delivery
1. Validity
The following terms of sale and delivery apply to all deliveries to be made by Philippine. Deviating provisions, in particular the customer's purchasing conditions, only become part of the contract if this has been expressly agreed in writing.
2. Terms of delivery
2.1. Our offers are non-binding until they have been confirmed in writing by Philippine. We are bound to our offer prices for up to 1 month. Thereafter, price adjustments for Philippine are possible. The contract is only concluded with our order confirmation or the start of the execution of the order.
2.2. The minimum delivery quantity is a total of 20 cbm and can be made up of different articles. For an order size of less than 20 cbm, a flat-rate surcharge for small quantities of EUR 130.00 is charged. Philippine reserves the right to accept orders with a delivery quantity of less than 20 cbm to accept or carry out.
2.3. Type samples are not binding. They characterize the general character of the goods, but not their individual properties. Deviations from samples or earlier deliveries and qualities as well as tolerances in the dimensions that are technically unavoidable in the manufacture and processing of the raw materials give the customer no right to complain about the goods.
2.4. Agreed delivery dates are non-binding, unless something else is expressly specified in the written order confirmation. The delivery deadline is met if the delivery has left our works by the time it expires or the customer has been notified of readiness for dispatch. We exclude the agreement of “fixed dates”. They are generally considered not to have been agreed. Philippine cannot promise deliveries at fixed times or assume any guarantee for the same.
Deliveries are possible in the following time frames:
"Morning" corresponds until 9 am, "morning" corresponds until 12 noon, "during the day" corresponds until 5 pm.
Due to traffic-related imponderables, a tolerance of +/- 60 minutes must be observed.
For the allocation of desired time windows, we calculate additional costs within the scope of the logistics service as follows: Full truck (≥ 90cbm) with a maximum of 2 unloading points (50 km radius): free of charge
Partial loads between 30 and 89 cbm: € 50.00,
Partial loads under 30cbm: no desired dates possible
The delivery deadlines are extended - without prejudice to our rights from default by the customer - by the period by which the customer is in default with his obligations from this contract to us. This applies accordingly to delivery dates. The delivery deadlines are appropriately extended in the event of industrial action, in particular strikes and lockouts as well as in the event of unforeseen obstacles that are beyond the control of Philippine, insofar as such obstacles can be shown to have a significant influence on the completion or delivery.
Philippine is also not responsible for the aforementioned circumstances if they arise during an already existing delay. In important cases, Philippine will inform the client as soon as possible about the beginning and end of such obstacles.
Even non-culpable operational disruptions of any kind and delivery difficulties, such as failure of raw material deliveries and energy supply, water and fire damage, unforeseeable failure of machines and systems, natural events and force majeure, entitle us to the delivery for the duration of the hindrance and an appropriate one To postpone the start-up period or to withdraw in whole or in part from the contract due to the not yet fulfilled part.
The client can ask us to explain whether we want to withdraw or deliver within a reasonable period. If we do not explain ourselves, the client can withdraw. Philippine is entitled to make partial deliveries.
The client may not reject such. In no case shall the client be entitled to claim damages. If Philippine is responsible for delays in delivery due to slight negligence, the customer is entitled to claim for damages also excluded.
2.5. All deliveries are made with volume trucks by a forwarding agency and / or our own truck. At the customer's request, delivery by special vehicles with transportable forklifts is possible. Please consider 2 - 4 days longer delivery time. Additional costs for unloading with a truck-mounted forklift 150.00 € / truck.
When placing your order, please ensure that there is a road to your place of delivery that is sufficiently developed for volume trucks. As a rule, these trains require the following clearance dimensions: width: 3.20 m, height 4.20 m, length: 19.00 m
If a delivery to the location specified by you is restricted and / or not possible due to local requirements, the additional costs for an alternative delivery must be borne by the buyer. Costs for downtime: The free downtime including unloading is 90 minutes, regardless of the order volume. After 90 minutes we charge € 60.00 per hour or part thereof.
2.6. The delivery takes place in foils (printing Philippine or neutral) on EPS blocks. Other packaging options will be individually calculated and charged on request, if possible.
2.7. A delivery takes place within the standard delivery area (areas west and east) according to the map on the last page of these terms of sale and delivery.
Postcodes outside the specified areas are delivered in full trucks (≥ 90cbm) with the following freight surcharges. 16-18 plus € 2.00 / cbm23-25 plus € 2.50 / cbm70-77 plus € 2.00 / cbm78-84 plus € 2.50 / cbm85-86 plus 2 , 00 € / cbm92-94 plus 2.00 € / cbm In the case of deliveries in partial quantities under 90 cbm, we reserve the right to calculate the freight costs individually or to accept the order. Deliveries to other European countries are generally possible; individual arrangements are required here.
2.8. Philippine charges storage costs, which arise from the customer's postponement of confirmed and already completed orders, at € 1.00 per cubic meter and day from the time of the originally confirmed delivery date.
2.9. The risk is transferred to the customer at the latest when the goods are handed over to the transport company or when they leave our factory or warehouse.
This also applies to partial deliveries or if Philippine bears the transport costs. The conclusion of transport and other insurance is left to the client. If dispatch is delayed due to circumstances for which the customer is responsible, the risk is transferred to the customer on the day of readiness for dispatch.
3. Taking back EPS sections from construction site deliveries
To take back EPS sections, you can buy EPS bags of 2 cbm in size at a price of 2.50 € / piece. These EPS scrap bags are only to be filled with pure, color-sorted and clean EPS scraps. The filled EPS scrap sacks are retrieved as part of a delivery to the construction site or the warehouse-keeping dealer within 150 km of the production sites in Bochum and Schkopau. Philippine charges the return of full EPS bags at a price of € 15.00 per bag with a minimum of 6 bags.
Appointments cannot be met for returns. Soiled residues will not be taken back or disposed of at a charge for disposal costs. The assessment of the cleanliness of the EPS residues is incumbent on Philippine.
4. Property Rights
4.1. If objects are manufactured according to the specifications of the client, the latter guarantees that any industrial property rights of third parties are not violated by the manufacture of such an object. The client is liable to Philippine for all damage resulting from the assertion of industrial property rights.
4.2. All rights to patents, utility models, designs, trademarks, equipment and other property rights as well as copyrights for the subject matter of the contract remain with the rights holders. This also applies in particular to product names, software and naming rights.
4.3. Drawings, tools, software, molds, devices, models, templates, samples and similar items that are supplied, used or made available by or for PHILIPPINE are and remain the property of Philippine.
5. Payment terms
5.1. The goods are invoiced at the binding prices specified in the order confirmation. Unless otherwise agreed, all prices are free destination mainland, not unloaded. Added to this is the VAT applicable at the time of invoicing.
5.2. PHILIPPINE grants a net payment term of 30 days from the date of the invoice, without any discount. If separate terms of payment with a discount have been agreed, the following applies: the freight costs included in the net sales prices as well as any other costs for special packaging and pallets are not discountable and are not discounted by PHILIPPINE.
As far as PHILIPPINE invoices are paid with deduction of a discount, Philippine only confirms the net value of the goods less the discount. Granting a discount presupposes the fulfillment of all due payment obligations of the customer from previous deliveries.
5.3. In the event of late payment, a reasonable amount of interest on arrears, but at least the usual bank interest, is due. In any case, Philippine can charge interest of 5% p. a. above the base rate according to § 247 BGB.
5.4. If the client does not comply with the terms of payment or if his financial circumstances deteriorate significantly after the conclusion of a contract or if he does not meet his obligations to Philippine on time and in accordance with the agreement, even if these arise from other contracts, all our claims are due immediately.
In addition, Philippine is entitled to make outstanding deliveries only against advance payment or provision of security, as well as to withdraw from the contract after a reasonable grace period - even after partial fulfillment - or to demand compensation for non-fulfillment and to refuse our services, without prejudice to the right to take back the goods delivered under retention of title.
5.5. Offsetting against counterclaims by the client is only permitted if these are undisputed or have been legally established.
Payments are only effective if they are made directly to Philippine. Employees or representatives may only accept payments on the basis of special written authorization.
6. Warranty Philippine is liable for defects in delivery as follows, excluding further claims:
6.1. Complaints must be made in writing within one week of receipt of the goods at the destination with evidence (images, samples). After this period has expired, the goods are deemed to be properly approved. The same applies if processing of the goods is started or continued despite the existence of defects. Defects that cannot be discovered within the one-week period, even after careful inspection, must be reported in writing immediately after their discovery, but no later than 3 months after receipt of the goods.
6.2. In the event of a timely and justified notification of defects, we will, at our option, immediately remove the defect or deliver a defect-free new item against return of the defective goods. Philippine bears the costs of supplementary performance. This does not apply to increased expenses caused by the buyer; in particular, Philippine does not have to bear higher transport costs that arise from the fact that the item is brought to a location other than the place of performance. If the subsequent performance fails, the customer can choose to withdraw from the contract or request a reduction in the purchase price. The supplementary performance is deemed to have failed if Philippine has tried to repair twice without success or in the case of delivery of one
new thing this is also flawed. Compensation can only be made in accordance with Section 5.5. are required.
6.3. Deliveries that are complained about may not be further processed or processed - not even in part - without our express consent and must be properly stored to preserve evidence. Any failure pieces that have already been made from defective material must be ensured.
6.4. Our processing recommendations and installation instructions must be checked by the buyer or processor in each case to determine whether they are applicable to the particular circumstances of its intended use. Technical advice, information, processing recommendations and installation instructions are given to the best of our knowledge. Assurances are not connected with this and cannot be derived from it. become. The client is responsible for compliance with legal and official regulations when using our goods.
6.5. There is no entitlement to compensation, unless Philippine acted a) willfully or with gross negligence, b) fraudulently concealed the defect in the purchased item or c) assumed a guarantee for the quality of the item. Philippine is also liable for culpable harm to life, body and health. This also applies to mandatory liability under the Product Liability Act. The liability for damages is limited to foreseeable and typically occurring damage, unless Philippine has deliberately violated its obligations.
6.6. The limitation period for all claims for defects is 12 months. This also applies to all other claims for damages. The period begins with the transfer of risk of the thing. The shortening of the limitation period to 12 months does not apply if a) the delivered item has been used for a building in accordance with its customary use and has caused its defectiveness, b) claims for damages exist due to injury to life, body or health or c) Philippine has intentionally violated an obligation. In these cases the statutory limitation period applies.
7. Retention of Title
7.1. All deliveries are subject to retention of title. Delivered goods remain the property of Philippine until full payment of the purchase price and all other claims by Philippine against the client from the ongoing business relationship.
7.2. If goods are processed or used by the client, the processing takes place for PHILIPPINE, who is thus the manufacturer within the meaning of § 950 BGB applies and acquires ownership of the intermediate or final product. When processed with other goods that do not belong to the client Philippine co-ownership of the new item in the ratio of the value of the goods delivered by it to the value of the third-party goods at the time of processing.
7.3. The customer is entitled to resell delivered goods within the framework of the agreement made at any time, revocable, within the framework of proper business operations. As a precaution, the client assigns to Philippine all claims with ancillary rights in connection with the resale and business relationship with its customers in the amount of the value of the goods delivered. Philippine is irrevocably authorized and obliged to report the assigned claims at any time.
7.4. The client may neither pledge the delivery item nor assign it as security. In the event of seizure, confiscation or other disposal by third parties, he must notify Philippine immediately.
7.5. If the customer acts in breach of contract, in particular in the event of default in payment, Philippine is entitled to take them back after a reminder and the customer is obliged to surrender them.
7.6. The assertion of the retention of title through the seizure of the delivery item by Philippine does not count as a withdrawal from the contract, unless the installment law applies.
8. Place of jurisdiction and performance
The place of performance for both parties to the contract for deliveries in Germany and abroad is Bochum. If the buyer is a registered trader, the place of jurisdiction is Bochum or, at our option, the general place of jurisdiction of the buyer. For all legal relationships between Philippine and the client, excluding foreign law, only the law applicable to the legal relationship between domestic parties at our headquarters in Bochum applies. Should individual provisions of these general terms and conditions of sale and delivery be wholly or partially ineffective, the rest of these conditions shall remain fully effective. The contractual partners undertake to replace the ineffective provision with an effective one that comes as close as possible to its content and economic success.
Philippine GmbH & Co. Dämmstoffsysteme KG, Castrop-Rauxel
Status: February 2022
Contact
Philippine GmbH & Co. Dämmstoffsysteme KG
Wartburgstraße 71
44579 Castrop-Rauxel - Germany
Phone: (0)234 8796-0
Fax: (0)234 8796-102
Imprint according to §6 Teledienstgesetz (TDG)
Address:
Philippine GmbH & Co. Dämmstoffsysteme KG
Wartburgstraße 71
44579 Castrop-Rauxel - Germany
Phone: +49 (0)234 87 96 - 0
Fax: +49 (0)234 87 96 - 102
E-Mail: info@philippine-eps.de
Managing Directors: Dipl.-Ing. Roland Lohsträter
Company headquarter: Castrop-Rauxel
Traderegister Dortmund
HRA 19320
Personally liable proprietor: Philippine Dämmstoffsysteme Verwaltungsgesellschaft mbH
Traderegister Dortmund
HRB 33784
EU-TAX-ID: DE 14 96 58 97 1
concept & design by: agentur smile, Bochum
http://www.werbeagentur-smile.de
Disclaimer of liability
1. Content of the online offer
The author assumes no liability for the topicality, correctness, completeness or quality of the information provided. Liability claims against the author relating to material or immaterial damage caused by the use or non-use of the information provided or by the use of incorrect and incomplete information are fundamentally excluded, unless the author can be shown to have acted willfully or grossly negligent Is at fault. All offers are non-binding. The author expressly reserves the right to change, add to, or delete parts of the pages or the entire offer or to cease publication temporarily or permanently without prior notice.
2. References and links
In the case of direct or indirect references to third-party websites ("links") that are outside the author's area of responsibility, liability would only come into force if the author was aware of the content and it was technically possible and reasonable for him to prevent use in the event of illegal content. The author hereby expressly declares that at the time the links were set, no illegal content was recognizable on the linked pages. The author has no influence on the current and future design, content or authorship of the linked pages. He therefore hereby expressly distances himself from all content on all linked pages that has been changed since the link was set. This statement applies to all links and references set within the author's own website as well as to third-party entries in guest books, discussion forums and mailing lists set up by the author. For illegal, incorrect or incomplete content and in particular for damage resulting from the use or non-use of information presented in this way, the provider of the page to which reference was made is solely liable, not the person who merely refers to the respective publication via links.
3. Copyright and trademark law
The author endeavors to observe the copyrights of the graphics, audio documents, video sequences and texts used in all publications, to use graphics, audio documents, video sequences and texts created by himself or to use license-free graphics, audio 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 owner. The conclusion that trademarks are not protected by the rights of third parties should not be drawn simply because they are mentioned! The copyright for published objects created by the author remains solely with the author of the pages. Duplication or use of such graphics, audio files, video sequences and texts in other electronic or printed publications is not permitted without the express consent of the author.
4. Privacy
If there is the possibility of entering personal or business data (email addresses, names, addresses) on the website, the input of these data takes place voluntarily. The use and payment of all offered services is permitted - as far as technically possible and reasonable - without specification of such data or under specification of anonymized data or an alias.
5. Legal validity of this disclaimer
This disclaimer is to be regarded as part of the internet publication which you were referred from. If parts or individual formulations of this text do not, no longer or not completely correspond to the current legal situation, the remaining parts of the document remain unaffected in their content and validity.
Preamble
Dear user - Welcome. Thank you for your interest in our company and in the online information we provide. Philippine GmbH & Co. Dämmstoffsysteme KG as the operator of the website www.philippine-eps.de and the companies associated with the website take the protection of your private data very seriously. Particular attention to privacy when processing personal data is important to us. With this data protection declaration, we would like to inform you about the type, scope and purpose of the personal data collected, used and processed by us and inform the persons concerned about their rights. These websites may contain links to websites of other providers that are not covered by this data protection declaration.
The processing of personal data always takes place on the basis of the European General Data Protection Regulation (GDPR) and in accordance with the country-specific data protection regulations and laws applicable to Philippine GmbH & Co. Dämmstoffsysteme KG.
Our website can be used without providing any personal data. However, if you would like to use special services of our company via our website, it may be necessary to process personal data. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the person concerned.
As the person responsible, we have implemented numerous technical and organizational measures to ensure the greatest possible protection of the personal data processed via this website. Please note that no absolute protection can be guaranteed, as web-based data transmissions can generally have security gaps. Therefore, you can of course also transmit personal data to us in other ways, for example by telephone or post.
As far as possible, all declarations are formulated in a gender-neutral manner. In addition, no explicit distinction is made between gender-specific personal names. The chosen male form includes an adequate female form with equal rights.
Responsible person
Responsible within the meaning of the GDPR, other data protection laws applicable in the member states of the European Union and other data protection regulations is
Philippine GmbH & Co. Dämmstoffsysteme KG
Wartburgstraße 71
44579 Castrop-Rauxel
Phone: 0234 8796-0
Fax: 0234 8796-102
Mail: info@philippine-eps.de
www.philippine-eps.de
Data protection officer of the person responsible
Dirk Gui
Dirk Gui HR Management & Data Protection
Goerdtstrasse 17
44803 Bochum
Phone: +49 (0) 234 879344 09
Fax: +49 (0) 234 879344 10
Mail: datenschutz@dgberatung.de
General information
Terms and definitions
We use the same terms in our data protection declaration that are used in the General Data Protection Regulation (GDPR). In accordance with the principle of transparency, the data protection declaration should be easy to read and understand for the public and in particular for the persons concerned - so we have listed some definitions of terms below.
Terms and their definition:
personal data
Personal data is all information that relates to an identified or identifiable natural person (hereinafter "data subject"). A natural person is considered to be identifiable who can be identified directly or indirectly, in particular by means of assignment to an identifier such as a name, an identification number, location data, an online identifier or one or more special features that express the physical , physiological, genetic, psychological, economic, cultural or social identity of this natural person.
affected person
Affected person is any identified or identifiable natural person whose personal data is processed by the person responsible for processing.
Responsible person
The person responsible or the person responsible for the processing is the natural or legal person, public authority, agency or other body that alone or jointly with others decides on the purposes and means of processing personal data. If the purposes and means of this processing are specified by Union law or the law of the member states, the person responsible or the specific criteria for his appointment can be provided for in accordance with Union law or the law of the member states.
processing
Processing is any process carried out with or without the help of automated procedures or any such series of processes in connection with personal data such as the collection, recording, organization, ordering, storage, adaptation or change, reading, querying, use, disclosure by transmission, distribution or any other form of provision, comparison or linking, restriction, deletion or destruction.
Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of restricting their future processing.
Profiling
Profiling is any type of automated processing of personal data that consists of using this personal data to evaluate certain personal aspects relating to a natural person, in particular aspects relating to work performance, economic situation, health, personal To analyze or predict the preferences, interests, reliability, behavior, whereabouts or relocation of this natural person.
Pseudonymization
Pseudonymisation is the processing of personal data in a way in which the personal data can no longer be assigned 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 that guarantee that the personal data cannot be assigned to an identified or identifiable natural person.
Processor
Processor is a natural or legal person, authority, institution or other body that processes personal data on behalf of the person responsible.
receiver
The recipient is a natural or legal person, authority, institution or other body to which personal data is disclosed, regardless of whether it is a third party or not. Authorities that may receive personal data as part of a specific investigation under Union law or the law of the member states are not considered recipients.
Third
A third party is a natural or legal person, public authority, agency or body other than the data subject, the person responsible, the processor and the persons who are authorized to process the personal data under the direct responsibility of the person responsible or the processor.
consent
Consent is any voluntary, informed and unambiguous declaration of intent given by the person concerned for the specific case in the form of a declaration or other unequivocal affirmative action with which the person concerned indicates that they consent to the processing of their personal data is.
Companies
A company is a natural or legal person who carries out an economic activity, regardless of its legal form, including partnerships or associations that regularly conduct economic activity.
Basics
Collection of general data and information
Our website or the provider collects a range of general data and information with each call by a data subject or an automated system. These general data and information are stored in the server's log files. The (1) 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 (so-called referrer), (4) the sub-websites that are accessed via an accessing system on our website can be controlled, (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 serve to avert danger in the event of attacks on our IT systems.
When using this general data and information, we do not draw any conclusions about the person concerned. Rather, this information is required to (1) correctly deliver the content of our website, (2) optimize the content of our website and, if necessary, the advertising for it, (3) 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 law enforcement in the event of a cyber attack. This anonymously collected data and information is therefore statistically evaluated by us or our provider on the one hand and furthermore with the aim of increasing data protection and data security in our company in order to ultimately ensure an optimal level of protection for the personal data processed by us. The anonymous data in the server log files are stored separately from all personal data provided by a data subject.
Legal basis for processing
The legal basis for processing your personal data is Article 6 Paragraph 1 a-f of the GDPR:
The processing is only lawful if at least one of the following conditions is met:
The data subject has given their consent to the processing of their personal data for one or more specific purposes;
The processing is necessary for the performance of a contract to which the data subject is a party or for the implementation of pre-contractual measures that are carried out at the request of the data subject;
(Examples: delivery of goods, compliance with and implementation of contracts, provision of services or inquiries about the same, etc.)
The processing is necessary to fulfill a legal obligation to which the person responsible is subject;
(Examples: tax obligations, social security, compliance with information)
Processing is necessary to protect the vital interests of the data subject or another natural person;
(Examples: transmission of emergency data to doctors, hospitals or similar, drug allergies etc.)
The processing is necessary for the performance of a task that is in the public interest or is carried out in the exercise of official authority that has been assigned to the person responsible;
(Examples: epidemic protection, radiation protection, etc.)
Processing is necessary to safeguard the legitimate interests of the person responsible or a third party, unless the interests or fundamental rights and freedoms of the data subject, which require the protection of personal data, outweigh them, especially if the data subject is a child .
Legitimate interests in processing
If the processing of personal data is based on Article 6 I lit. f GDPR is our legitimate interest:
Carrying out, securing and expanding our business activities as well as safeguarding related business interests.
The further development of our products and services
Securing our IT systems, networks and infrastructure, as well as defending against dangers in these areas
Routine deletion and blocking of personal data
We process and store personal data only for the period that is necessary to achieve the storage purpose or if this has been provided for by the European directives and regulations or another legislator in laws or regulations that apply to us.
If the purpose of storage no longer applies or if a storage period prescribed by the European directives and regulations or another responsible legislator expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.
Legal or contractual provisions for the provision of personal data; possible consequences of non-provision
We explain to you that the provision of personal data is in part required by law (e.g. tax regulations) or can also result from contractual regulations (e.g. information on the contractual partner). In order to conclude a contract, it may sometimes be necessary for a data subject to provide us with personal data that we subsequently have to process. For example, the person concerned is obliged to provide us with personal data when our company concludes a contract with them. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Before providing personal data by the person concerned, the person concerned can contact one of our employees or our data protection officer. Our employees then clarify on a case-by-case basis 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.
Online presence in social media
We maintain an online presence within social networks and platforms in order to be able to communicate with the applicants, employees, customers, interested parties and users active there and to inform them about our services. When calling up the respective networks and platforms, the terms and conditions and the data processing guidelines of their respective operators apply.
Unless otherwise stated in our data protection declaration, we process user data provided that they communicate with us within social networks and platforms, e.g. Write articles on our online presence or send us messages.
Existence of automated decision-making
As a responsible company, we do not use automatic decision-making or profiling.
Transfers to third countries
If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this happens in the context of the use of third-party services or disclosure or transmission of data to third parties, this only occurs if it happens to fulfill our (pre) contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process or have the data processed in a third country only if the special requirements of Art. 44 ff. GDPR are met. I.e. processing takes place e.g. on the basis of special guarantees, such as the officially recognized determination of a data protection level corresponding to the EU (e.g. for the USA through the "Privacy Shield") or compliance with officially recognized special contractual obligations (so-called "standard contractual clauses").
Technical
Cookies
We use cookies on our website. Cookies are text files that are stored and stored on a computer system via an internet browser.
Cookies can contain a cookie ID - this is a unique identifier for the cookie, which consists of a string of characters that can be used to assign the Internet pages and servers to the Internet browser used. This enables the websites and servers visited to distinguish the individual browser of the person concerned from other Internet browsers that contain other cookies. A specific internet browser can be recognized and identified via the unique cookie ID.
We use these cookies to provide the users of this website with more user-friendly services that would not be possible without these cookies. For example, a cookie can be used to optimize the information and offers on our website for the benefit of the user. Recognition is also possible - the user of our website, for example, does not have to make all the settings again every time they visit.
You can prevent the setting of cookies by our website at any time by means of a corresponding setting in your Internet browser and thus permanently object to the setting of cookies. In addition, cookies that have already been set can be deleted at any time in your Internet browser or, alternatively, by software programs. This is possible in all common internet browsers. If the person concerned deactivates the setting of cookies in the internet browser used, not all functions of our website may be fully usable. You can also limit the period of validity of cookies in most internet browsers.
A general objection to the use of cookies used for online marketing purposes can be made for a large number of services, especially in the case of tracking, via the US website http://www.aboutads.info/choices/ or the EU Page http://www.youronlinechoices.com/.
Integration of services and content from third parties
Under certain circumstances we use content or service offers from third-party providers within our online offer based on our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 Para. 1 lit. Content and services, such as Embed videos or fonts (hereinafter referred to as “content”).
This always presupposes that the third-party providers of this content perceive the IP address of the users, since they would not be able to send the content to their browser without the IP address. The IP address is therefore required to display this content. We strive to only use content whose respective providers only use the IP address to deliver the content. Third-party providers can also use so-called pixel tags (invisible graphics, also known as "web beacons") for statistical or marketing purposes. The "pixel tags" can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information can also be stored in cookies on the user's device and contain, among other things, technical information about the browser and operating system, referring websites, visiting time and other information about the use of our online offer, and can also be linked to such information from other sources.
If we disclose data to other persons and companies (contract processors or third parties) within the scope of our processing, transmit them to them or otherwise grant them access to the data, this is only done on the basis of legal permission (e.g. if the data is transmitted to third parties, such as to payment service providers, according to Art. 6 Para. 1 lit.b GDPR is required to fulfill the contract), you have consented, a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.).
If we commission third parties with the processing of data on the basis of a so-called "order processing contract", this is done on the basis of Art. 28 GDPR.
Extended functionalities
Contact option via the website / contact form
Due to legal regulations, our website contains information that enables quick electronic contact with our company and direct communication with us, which also includes a general address for so-called electronic mail (e-mail address). If you contact us by email or using a contact form, the personal data you have transmitted will be saved automatically. Such personal data transmitted to us on a voluntary basis by a data subject will be stored for the purpose of processing or contacting the data subject. This personal data is not passed on to third parties.
Applications
The personal data you transmit to us in the context of an application, email application or online application will be stored and processed for the purpose of processing the application. Of course, we treat your personal data confidentially and do not pass them on to third parties. Processing is also carried out (partially) automatically in the case of postal transmission, as well as in the case of electronic applications. This is particularly the case if an applicant submits the relevant application documents to us, for example by email or using a web form on the website (online application / contact form). Here you will receive a special data protection declaration for the application process with your application (web form online application as opt-in before submission / email and contact form as part of the confirmation of receipt). If the application process is positive, the personal data sent will be stored for the purpose of processing the employment relationship in compliance with the statutory provisions.
Affected Rights
Rights of the data subject
The rights of the data subject arise largely from Articles 12 - 23 of the GDPR - you will find a brief summary here. You can find a detailed list at www.datenschutz-grundverordnung.eu
Right to information
The person concerned has the right to request confirmation from the person responsible as to whether personal data relating to them are being processed; If this is the case, she has a right to information about this personal data and the following information:
the purposes of the processing;
the categories of personal data that are processed;
the recipients or categories of recipients to whom the personal data have been disclosed or are still being disclosed, in particular to recipients in third countries or international organizations;
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 correction or deletion of the personal data concerning you or to restriction of processing by the person responsible or a right to object to this 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 Article 22 paragraphs 1 and 4 and - at least in these cases - meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.
If personal data are transmitted to a third country or to an international organization, the data subject has the right to be informed of the appropriate guarantees in accordance with Article 46 in connection with the transmission.
The controller provides a copy of the personal data that is the subject of the processing. For all further copies that the person concerned requests, the person responsible can demand an appropriate fee based on the administrative costs. If the data subject submits the application electronically, the information must be made available in a common electronic format, unless otherwise stated.
The right to receive a copy under paragraph 3 must not affect the rights and freedoms of other persons
Right to rectification
The data subject has the right to request the person responsible to correct any incorrect personal data relating to them without delay. Taking into account the purposes of the processing, the data subject has the right to request the completion of incomplete personal data - including by means of a supplementary declaration.
Right to deletion ("right to be forgotten")
The data subject has the right to request the person responsible to delete personal data concerning them immediately, and the person responsible is
obliged to delete personal data immediately if one of the following reasons applies:
The personal data are no longer necessary for the purposes for which they were collected or otherwise processed.
The data subject withdraws the consent on which the processing was based in accordance with Article 6 (1) (a) or Article 9 (2) (a) and there is no other legal basis for the processing.
The data subject objects to the processing in accordance with Article 21 paragraph 1 and there are no overriding legitimate reasons for the processing, or the data subject objects in accordance with Article 21 paragraph 2 Objection to the processing.
The personal data was processed unlawfully.
The deletion of personal data is necessary to fulfill a legal obligation under Union law or the law of the member states to which the person responsible is subject.
The personal data was collected in relation to information society services offered in accordance with Article 8 (1).
If the person responsible has made the personal data public and is obliged to delete it in accordance with paragraph 1, he shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform those responsible for data processing who process the personal data to inform that a data subject has asked them to delete all links to this personal data or copies or replications of this personal data.
Paragraphs 1 and 2 do not apply if processing is necessary
to exercise the right to freedom of expression and information;
to fulfill a legal obligation that requires processing under the law of the Union or of the member states to which the person responsible is subject, or to perform a task that is in the public interest or in the exercise of official authority that has been transferred to the person responsible;
for reasons of public interest in the area of public health in accordance with Article 9 paragraph 2 letters h and i and Article 9 paragraph 3;
for archival purposes in the public interest, scientific or historical research purposes or for statistical purposes in accordance with Article 89 Paragraph 1, insofar as the right mentioned in paragraph 1 is likely to make the achievement of the objectives of this processing impossible or seriously impair it, or
for the establishment, exercise or defense of legal claims.
Right to restriction of processing
The data subject has the right to request the controller to restrict processing if one of the following conditions is met:
the correctness of the personal data is disputed by the data subject for a period of time that enables the person responsible to check the correctness of the personal data,
the processing is unlawful and the person concerned refuses to delete the personal data and instead requests that the use of the personal data be restricted;
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, or
the person concerned has lodged an objection to the processing in accordance with Article 21 paragraph 1, as long as it has not yet been determined whether the legitimate reasons of the person responsible outweigh those of the person concerned.
If the processing has been restricted in accordance with paragraph 1, these personal data - apart from their storage - may only be used with the consent of the data subject or for the establishment, exercise or defense of legal claims or to protect the rights of another natural or legal person or for reasons of important in the public interest of the Union or a member state.
A data subject who has obtained a restriction on processing in accordance with paragraph 1 will be informed by the person responsible before the restriction is lifted.
Notification obligation in connection with the correction or deletion of personal data or the restriction of processing
The person responsible shall notify all recipients to whom personal data has been disclosed of any correction or deletion of personal data or a restriction on processing in accordance with Article 16, Article 17 Paragraph 1 and Article 18, unless this proves impossible or is with a disproportionate effort involved. The person responsible informs the data subject about these recipients if the data subject requests this.
Right to data portability
The data subject has the right to receive the personal data concerning them that they have provided to a responsible person in a structured, common and machine-readable format, and they have the right to transfer this data to another responsible person without hindrance from the responsible person to whom the personal data have been provided, provided
the processing is based on consent in accordance with Article 6 (1) (a) or Article 9 (2) (a) or on a contract in accordance with Article 6 (1) (b) and
the processing is carried out using automated procedures.
When exercising their right to data portability in accordance with Paragraph 1, the person concerned has the right to have the personal data transmitted directly from one person responsible to another, insofar as this is technically feasible.
The exercise of the right under paragraph 1 of this Article shall not affect Article 17. This right does not apply to processing that is necessary for the performance of a task that is in the public interest or is carried out in the exercise of official authority that has been transferred to the person responsible.
The right under paragraph 1 must not affect the rights and freedoms of other persons.
Right to object
The data subject has the right, for reasons that arise from his or her particular situation, to object at any time to the processing of personal data concerning him or her, which is based on Article 6 (1) (e) or (f); this also applies to profiling based on these provisions. The person responsible no longer processes the personal data unless he can prove compelling legitimate reasons for the processing that outweigh the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims.
If personal data are processed in order to operate direct mail, the data subject has the right to object at any time to the processing of personal data concerning them for the purpose of such advertising; this also applies to profiling insofar as it is associated with such direct advertising.
If the data subject objects to processing for direct marketing purposes, the personal data will no longer be processed for these purposes.
The data subject must be expressly informed of the right mentioned in paragraphs 1 and 2 at the latest at the time of the first communication with them; this notice must be in an understandable form that is separate from other information.
In connection with the use of information society services, regardless of Directive 2002/58 / EC, the person concerned can exercise their right of objection by means of automated procedures in which technical specifications are used.
The data subject has the right, on grounds relating to his or her particular situation, to object to the processing of personal data concerning him or her, which is carried out for scientific or historical research purposes or for statistical purposes in accordance with Article 89 (1), be it because the processing is necessary to fulfill a task in the public interest.
Automated decisions in individual cases including profiling
The data subject has the right not to be subjected to a decision based solely on automated processing - including profiling - which has legal effects on them or which significantly affects them in a similar manner.
Paragraph 1 does not apply if the decision
is necessary for the conclusion or performance of a contract between the data subject and the person responsible,
is permissible on the basis of legal provisions of the Union or of the member states to which the person responsible is subject and these legal provisions contain appropriate measures to safeguard the rights and freedoms as well as the legitimate interests of the data subject or
takes place with the express consent of the data subject.
In the cases referred to in paragraph 2 letters a and c, the person responsible shall take appropriate measures to safeguard the rights and freedoms as well as the legitimate interests of the person concerned, including at least the right to obtain intervention by a person on the part of the person responsible, to present his own information Standpoint and to challenge the decision.
Decisions in accordance with paragraph 2 may not be based on special categories of personal data in accordance with Article 9 paragraph 1, unless Article 9 paragraph 2 letter a or g applies and appropriate measures have been taken to protect the rights and freedoms and legitimate interests of the data subject.
Components, trackers and plugins
On the following pages you will find the data protection regulations for the application and use of various components, trackers and plugins. Please note that for legal reasons these are standard texts.
Google Analytics (with anonymization function)
The person responsible for processing has integrated the Google Analytics component (with anonymization function) on this website. Google Analytics is a web analysis service. Web analysis is the gathering, collection and evaluation of data on the behavior of visitors to websites. A web analysis service collects, among other things, data on the website from which a person concerned came to a website (so-called referrer), which sub-pages of the website were accessed or how often and for how long a sub-page was viewed. A web analysis is mainly used to optimize a website and for the cost-benefit analysis of Internet advertising.
The operating company of the Google Analytics component is Google Inc., 1600 Amphitheater Pkwy, Mountain View, CA 94043-1351, USA.
The person responsible for processing uses the addition "_gat._anonymizeIp" for web analysis via Google Analytics. By means of this addition, the IP address of the Internet connection of the person concerned is shortened and anonymized by Google if our Internet pages are accessed from a member state of the European Union or from another state party to the Agreement on the European Economic Area.
The purpose of the Google Analytics component is to analyze the flow of visitors to our website. Google uses the data and information obtained, among other things, to evaluate the use of our website, to compile online reports for us that show the activities on our website, and to provide other services related to the use of our website.
Google Analytics places a cookie on the information technology system of the person concerned. What cookies are has already been explained above. By setting the cookie, Google is enabled to analyze the use of our website. Each time one of the individual pages of this website is accessed, which is operated by the person responsible for processing and on which a Google Analytics component has been integrated, the Internet browser on the information technology system of the person concerned is automatically triggered by the respective Google Analytics component To transmit data to Google for the purpose of online analysis. As part of this technical process, Google gains knowledge of personal data, such as the IP address of the person concerned, which Google uses, among other things, to trace the origin of visitors and clicks and subsequently to enable commission accounting.
The cookie is used to store personal information, such as the access time, the location from which access originated and the frequency of visits to our website by the person concerned. Each time you visit our website, this personal data, including the IP address of the Internet connection used by the person concerned, is transmitted to Google in the United States of America. These personal data are stored by Google in the United States of America. Google may pass this personal data collected through the technical process on to third parties.
The person concerned can prevent the setting of cookies by our website, as already shown above, at any time by means of a corresponding setting in the Internet browser used and thus permanently object to the setting of cookies. Such a setting of the internet browser used would also prevent Google from setting a cookie on the information technology system of the person concerned. In addition, a cookie already set by Google Analytics can be deleted at any time via the Internet browser or other software programs.
Furthermore, the data subject has the option of objecting to the collection of the data generated by Google Analytics relating to the use of this website and the processing of this data by Google and to prevent this. To do this, the person concerned must download and install a browser add-on under the link https://tools.google.com/dlpage/gaoptout. This browser add-on informs Google Analytics via JavaScript that no data or information on website visits may be transmitted to Google Analytics. The installation of the browser add-on will be considered an objection by Google. If the information technology system of the person concerned is deleted, formatted or reinstalled at a later point in time, the person concerned must reinstall the browser add-on in order to deactivate Google Analytics. If the browser add-on is uninstalled or deactivated by the person concerned or another person who is attributable to their sphere of control, there is the option of reinstalling or reactivating the browser add-on.
Further information and the applicable data protection provisions of Google can be found at https://www.google.de/intl/de/policies/privacy/ and at http://www.google.com/analytics/terms/de.html. Google Analytics is explained in more detail under this link https://www.google.com/intl/de_de/analytics/.
YouTube
The data controller has integrated components from YouTube on this website. YouTube is an Internet video portal that enables video publishers to post video clips free of charge and other users to view, rate and comment on them free of charge. YouTube allows the publication of all types of videos, which is why complete film and TV programs, but also music videos, trailers or videos made by users themselves can be accessed via the Internet portal.
YouTube is operated by YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, USA. YouTube, LLC is a subsidiary of Google Inc., 1600 Amphitheater Pkwy, Mountain View, CA 94043-1351, USA.
Each time one of the individual pages of this website is accessed, which is operated by the person responsible for processing and on which a YouTube component (YouTube video) has been integrated, the Internet browser on the information technology system of the person concerned is automatically replaced by the respective YouTube component prompts you to download a representation of the corresponding YouTube component from YouTube. Further information about YouTube can be found at https://www.youtube.com/yt/about/de/. As part of this technical process, YouTube and Google gain knowledge of which specific subpage of our website is visited by the person concerned.
If the person concerned is logged into YouTube at the same time, YouTube recognizes which specific sub-page of our website the person concerned is visiting by calling up a subpage that contains a YouTube video. This information is collected by YouTube and Google and assigned to the respective YouTube account of the person concerned.
YouTube and Google always receive information via the YouTube component that the person concerned has visited our website if the person concerned is logged in to YouTube at the same time as accessing our website; this takes place regardless of whether the person concerned clicks on a YouTube video or not. If the person concerned does not want this information to be transmitted to YouTube and Google, they can prevent the transmission by logging out of their YouTube account before calling up our website.
The data protection regulations published by YouTube, which are available at https://www.google.de/intl/de/policies/privacy/, provide information about the collection, processing and use of personal data by Yo 21. Integration of services and content from third parties
This data protection declaration was partly created using sample texts from the data protection declaration generator of DGD Deutsche Gesellschaft für Datenschutz GmbH, which conducts data protection audits, in cooperation with the media law firm WILDE BEUGER SOLMECKE.