General terms and conditions

The following conditions apply in respect of all deliveries and work performed by or on behalf of Johannes Lübbering GmbH, Lübbering Abrollsysteme e.K. and Luebbering (UK) Ltd.

Section 1 General application

Our deliveries and services are provided solely on the basis of the following terms and conditions; the general terms and conditions of the party contracting with us (hereinafter referred to as the contracting party) do form part of the contract, even if we have not expressly excluded these.

Section 2 Conclusion of contracts

1. Our offers are subject to confirmation. An order placed by the contracting party constitutes a binding contractual offer from it.
2. We are entitled to accept the offer to enter into the contract that is contained in the order of the contracting party within three weeks of receipt thereof. If we have not accepted the offer within this period, this constitutes a rejection of the offer to enter into the contract.
3. The documentation enclosed with our offer, such images and technical drawings, are only approximate guides. They serve to describe and identify our offer but shall not form part of the contract. The contrary only applies, if we expressly describe the documentation included with the offer as binding. Unless something to the contrary has been expressly agreed, the images, drawings and any other documentation remain our property.
4. An undertaking that the performance of our contractual obligations will have a certain quality or be suitable for a particular purpose as well as the furnishing of a guarantee is only binding if this is confirmed by us in writing.

Section 3 Confidentiality

1. Each of the respective contracting parties undertakes to use all the documentation and information (including all samples, models and data) that it receives through the business relationship solely for the mutually intended purposes and to treat all such documentation and information with the same care as if it were its own and to keep them confidential, if the other contracting party describes them as confidential or has an obvious interest in keeping them secret.
2. This obligation does not apply in respect of documentation and information that is generally known or that was already known to the recipient contracting party, without that party being obliged to keep it confidential, or that is thereafter received from a third party who is entitled to pass on the information, or that is developed by the recipient contracting party without making use of the confidential documentation or information of the other contracting party.
   The recipient contracting party may also disclose such confidential information as is required to be disclosed by law, any governmental or regulatory authority or by a court of competent jurisdiction.

Section 4 Prices and terms of payment

1. Our prices are in euro excluding VAT, packaging, freight, postage and insurance unless the contrary has been agreed to in writing.
2. If after the conclusion of the contract the costs are reduced or increased, in particular as result changes in the prices of materials, we reserve the right to adjust our prices accordingly. We will provide the contracting party with proof as to the nature and extent of a price increase on demand. If this adjustment results in the originally agreed price being increased by 20% or more, the contracting party is entitled to withdraw from the contract. This right must be exercised without undue delay after receiving notice of the increased price.
3. We are entitled to demand that progress payments be made according to the value of the work that we have carried out.
4. All amounts invoiced are due and payable, without deduction, within 10 days from date of invoice, unless something to the contrary has been agreed to in writing. Bills of exchange and cheques are not deemed to be payment in terms of the contract and are only accepted conditionally upon payment being made.
5. While in default of payment, the contracting party is obliged to pay interest at a rate of 9 percentage points above the basic interest rate. We reserve the right to prove and claim damages in a higher amount in consequence of the failure to effect payment within the time agreed.
6. The contracting party may only set off counterclaims that have been finally determined in law, are undisputed or have been admitted by us. A right of retention may only be exercised if the counterclaim arises from the same contractual relationship.
7. If after the conclusion of the contract it becomes apparent that our right to payment is at risk due to the inability of the contracting party to render its performance, we are entitled to refuse to render our performance and to give the contracting party sufficient notice of having to effect payment against delivery or to provide security. If the contracting party refuses to do so or the notice period expires without being compliance, we are entitled to withdraw from the contract and claim damages.

Section 5 Delivery
 

1. Our deliveries are EXW Herzebrock-Clarholz, Germany (Incoterms® 2010), unless something to the contrary has been agreed.
2. In cases of force majeure or strikes, the estimated delivery date or deadline is extended by the duration of the delay caused by such circumstances. The same applies if the contracting party fails to fulfil any its obligations to cooperate in terms of the contract.
3. If we fail to render our performance by the intended date or within the intended period, the contracting party must first give us notice in which it demands that we render our performance within a reasonable period specified by it. The contracting party may only withdraw from the contract once this period has expired. The requirement of such a notice for compliance only falls away if the contracting party has expressly made time of the essence and its interest in the continuation of the contract subject to our performance being punctual.
4. We are only entitled to make partial deliveries if the contracting party can make use of the partial delivery within scope of the intended purpose of the contract, the delivery of the remaining goods is guaranteed and it is reasonable for the contracting party to take partial deliveries having regard to our respective interests.

Section 6 Passing of risk, default of acceptance

1. In terms of the agreed delivery, EXW Herzebrock-Clarholz, Germany (Incoterms® 2010), the risk of destruction, damage or loss of the goods passes to the contracting party once the goods have been made available for collection at the factory in Herzebrock-Clarholz. At the request of the contracting party, we will load the goods at its expense and risk.
2. To the extent required by the contracting party, we can arrange for transport insurance of the delivery; the contracting party determines the extent of the insurance and bears the costs thereof.
3. In respect of work that we have performed, the risk passes to the contracting party upon acceptance thereof.
4. If the contracting party is in default of acceptance or culpably breaches any of its other obligations to cooperate, we are entitled claim compensation for any damage that we have suffered in consequence thereof, including any additional costs incurred. If the contracting party is in default of acceptance for more than 3 days, we are entitled to dispatch the goods at the expense and risk of the contracting party. In the absence of a specific agreement, we will select the means of transport and the route.

Section 7 Acceptance
 

1. The contracting party is obliged to accept the goods that have been duly manufactured in accordance with the contract.
2. The work that we have performed is deemed to have been accepted 12 days after we have given notice of completion, unless the contracting party advises us in writing during this period that there are material defects in our work.
3. The contracting party is only entitled to refuse acceptance insofar as the defects materially prevent the contractually intended use of the goods or, if no contractually intended use was specified, the normal use of the goods and not merely diminish their use to an insignificant degree. Insofar as the goods have defects that do not entitle the contracting party to refuse acceptance, acceptance is conditional upon the defects being remedied.
4. Refusal of acceptance or conditional acceptance must be made in writing without undue delay, furnishing the details and a description of the defect.
5. The use of items that we have serviced or repaired for purposes of production constitutes acceptance thereof.

Section 8 Warranty, service life guarantee
 

1. The warranty period is one year from delivery or acceptance.
2. Minor discrepancies between our contractual performance and the order confirmation in respect of colour, dimension and execution do not constitute defects that we are obliged to remedy. We reserve the right to make changes to the product due to technical progress, changes in the law or the replacement of components by equivalent parts. These changes do not constitute defects insofar as it is reasonable for the contracting party to accept them having regard to our interests, in particular that they do not affect the use the product for the contractually intended purpose.
3. The contracting party is obliged to examine our delivery without undue delay for compliance with the contract. The contracting party is obliged to inform us in writing of any patent defects, which include short deliveries, without undue delay, failing which the validity of a claim in terms of the guarantee is excluded. We must be informed of any latent defects in writing within one week of the discovery of such defects. The contracting party bears the burden of proof in respect of all the requirements of a claim, in particular to establish the defect, when the defect was discovered and that notice of the defect was delivered within the prescribed period.
4. To the extent that we have guaranteed a certain service life in respect of our products, such a guarantee expressly excludes parts that are subject to wear, such as bearings, axles, nuts, output socket gears or bits. If the relevant product discloses a defect within the relevant period and within the guaranteed maximum number of cycles, the contracting party is obliged to prove that the defect occurred within this period, the guaranteed number of cycles was not exceeded and it has not used the product improperly as well as having complied with our operating and maintenance instructions. The guarantee of a certain service life is not intended to indemnify the contracting party in respect of any damage other than that to the delivered item itself.
   Claims in respect of defects that arise within the above-mentioned period can only be made during this period.
5. In the event of a defect, we reserve the right to determine manner of our supplementary performance. We are obliged to bear all the necessary costs in respect of our supplementary performance, in particular the transport costs, route charges, labour and material costs, insofar as these have not been increased by our performance having been sent to a different location than the place of performance.
6. Depending on the nature of the performance, the defect and the other circumstances, we must be granted the opportunity of several attempts of supplementary performance. If the supplementary performance eventually fails, the contracting party is entitled to withdraw from the contract or to claim a reduction of the purchase price.
7. We are not responsible for material defects that occur as a result of the inappropriate or improper use, the incorrect installation or commissioning by the contracting party or third parties, normal wear and tear, erroneous or negligent treatment or storage, nor for the consequences of the contracting party or third parties effecting improper alterations or repair work without our consent. This also applies in respect of defects that only diminish the value or the fitness of the goods to an insignificant degree.
8. All other warranty claims, in particular claims for damages, depend exclusively on terms of the following provisions.

Section 9 Limitation of liability
 

1. Save as provided for herein below, all the other and further claims of the contracting party against us are excluded. This is applies in particular to claims for damages arising from breach contract or wrongful conduct. Our liability for any damage, other than that to the delivered, repaired or serviced item itself, is accordingly excluded. In particular, we are not liable for loss of profits or any other pecuniary damages suffered by the contracting party.
2. The above limitations of liability do not apply in respect of intentional or grossly negligent breaches of duty by our legal representatives, employees or other agents as well as in respect of culpable breaches of material contractual obligations. In respect of culpable breaches of material contractual obligations, our liability is limited to the reasonably foreseeable contractual damages - except in cases in which the conduct of our legal representatives or executive staff members was intentional or grossly negligent.
3. Furthermore, the limitation of liability does not apply in cases in which liability is imposed by the German product liability laws for personal injuries or damage to property in respect of defects in the delivered goods used for private purposes. It also does not apply in respect injuries to life, limb or health and defects in respect of a guaranteed quality, if and insofar as the purpose of the guarantee was to protect the contracting party against damages, other than the damage to the delivered goods themselves.
4. To the extent that we are nevertheless liable for damages, such liability is limited to those damages that we were able to foresee, or ought to have foreseen, at the conclusion of the contract as a possible consequence. In cases of ordinary negligence, our liability for damage to property and any consequential losses in respect thereof is limited to an amount of 5,000,000 euro in respect of each claim. This amount constitutes the sum insured in respect of our liability for civil claims in terms the insurance cover that we have obtained. The contracting party is entitled at any time to demand that we furnish it with a copy of the currently applicable terms of our insurance policy.
5. Insofar as our liability is excluded or limited, this also applies to the personal liability of our employees, staff members, legal representatives and agents.
6. To the extent that we provide technical information or advice that does not form part of our contractual obligations, any liability howsoever arising is excluded in respect thereof.

Section 10 Reservation of ownership
 

1. Our ownership of the delivered goods is reserved until all the obligations arising from the business relationship with the contracting party have been fulfilled.
2. The contracting party is obliged to treat the goods subject to the reservation of ownership with care; in particular, it is obliged to have these insured for their replacement value at its own expense against loss or damage by fire, water or theft. To the extent that maintenance and inspection work is necessary, the contracting party must perform this on time and at its own expense.
3. The contracting party is entitled to process and sell the goods subject to the reservation of ownership in the ordinary course of business, provided that it punctually complies with its contractual obligations to us.
4. If the contracting party breaches its obligations, in particular if it is in default of payment, we are entitled to withdraw from the contract and recover the goods after a failure to comply with a notice giving the contracting party an adequate period for performance; the legal provisions dispensing with the necessity giving of a notice period in certain circumstances remain unaffected. The contracting party is obliged to return the goods. We are entitled to withdraw from the contract if insolvency proceedings are instituted in respect of the assets of the contracting party. This is must be disclosed to us without any undue delay.
5. Any work on or processing of the goods subject to the reservation of ownership is performed by the contracting party on our behalf. If the goods subject to the reservation of ownership are processed or inseparably combined with other goods that we do not own, then we acquire joint ownership of the new goods proportionate to the invoice value of the goods subject to the reservation of ownership in relation to the other processed or combined items at the time of the processing or combination. If our goods are combined with other movable items to form a unified thing or are inseparably mixed and the other thing is regarded as the primary thing, the contracting party transfers joint ownership to us commensurate with our interest, insofar as the primary thing belongs to it. The contracting party retains ownership or joint ownership on our behalf. Furthermore, the same terms as in the case of the goods subject to the reservation of ownership apply in respect of things created by processing or combination or mixing.
6. As security for our claims, the contracting party hereby assigns all its claims and rights in respect of the sale or rental, if authorised, of the goods in which to we have a proprietary interest. We hereby accept the assignment. The same applies in respect of other claims that arise in lieu or in respect the goods subject to the reservation of ownership, e.g. insurance claims.
7. We hereby authorise the contracting party, until revoked, to enforce the claims assigned to us in its own name. The authorisation may only be revoked if the contracting party is in default of payment.
8. In the event that a third party seeks to execute a court order by attaching the goods subject to the reservation of ownership, the rights assigned to us or any other security, the contracting party is obliged to inform us immediately and provide all the necessary documentation for us to intervene. This is also applies in respect of any other impairment of our rights.
9. If the value of the existing securities exceeds the secured claims by more than 20% in total, we are obliged at the request of the contracting party to release securities of our choice to this extent.

Section 11 Device and development costs

1. Devices required for fulfilment of the order that are produced by ourselves or on our behalf remain our property irrespective of whether the contractual partner has paid, wholly or in part, any associated costs.
2. Our unrestricted copyright on the products/solutions developed by ourselves shall remain unaffected by the contractual partner’s bearing of, wholly or in part, any development costs.
3. Clauses 1 and 2 shall apply unless explicitly agreed otherwise in writing.

Section 12 Amendments and the written form

Any amendments or additions to these contractual terms must be in writing to be valid; this requirement also applies in respect of a waiver of the written form. With the exception of our managing director and authorised signatories, our employees are not authorised to conclude oral agreements that deviate from these contractual terms or the concluded contract.

Section 13 Place of performance and payment, applicable law, jurisdiction
 

1. Unless something to the contrary has been agreed, the place of performance and payment is our principal place of business.
2. The laws of the Federal Republic of Germany apply exclusively to this contractual relationship to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
3. The place of jurisdiction in respect of all disputes is the court that has jurisdiction over our principal place of business. We are also entitled to institute action in the court that has jurisdiction over the principal place of business of the contracting party.

 

 

Herzebrock-Clarholz, 02. Dezember 2013

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This website belongs to

 

Further companies of the Lübbering Group:

 

1. An overview of data protection

 

General information

The following information will provide you with an easy to navigate overview of what will happen with your personal data when you visit this website. The term “personal data” comprises all data that can be used to personally identify you. For detailed information about the subject matter of data protection, please consult our Data Protection Declaration, which we have included beneath this copy.

 

Data recording on this website

Who is the responsible party for the recording of data on this website (i.e. the “controller”)? The data on this website is processed by the operator of the website, whose contact information is available under section “Information Required by Law” on this website.

 

How do we record your data?

We collect your data as a result of your sharing of your data with us. This may, for instance be information you enter into our contact form.
Our IT systems automatically record other data when you visit our website. This data comprises primarily technical information (e.g. web browser, operating system or time the site was accessed). This information is recorded automatically when you access this website.

 

What are the purposes we use your data for?

A portion of the information is generated to guarantee the error free provision of the website. Other data may be used to analyse your user patterns.

 

What rights do you have as far as your information is concerned?

You have the right to receive information about the source, recipients and purposes of your archived personal data at any time without having to pay a fee for such disclosures. You also have the right to demand that your data are rectified or eradicated. Please do not hesitate to contact us at any time under the address disclosed in section “Information Required by Law” on this website if you have questions about this or any other data protection related issues. You also have the right to log a complaint with the competent supervising agency.
Moreover, under certain circumstances, you have the right to demand the restriction of the processing of your personal data. For details, please consult the Data Protection Declaration under section “Right to Restriction of Data Processing.”

 

Analysis tools and tools provided by third parties

There is a possibility that your browsing patterns will be statistically analysed when your visit this website. Such analyses are performed primarily with cookies and with what we refer to as analysis programmes. As a rule, the analyses of your browsing patterns are conducted anonymously; i.e. the browsing patterns cannot be traced back to you.
You have the option to object to such analyses or you can prevent their performance by not using certain tools. For detailed information about the tools and about your options to object, please consult our Data Protection Declaration below.

 

2. Hosting and Content Delivery Networks (CDN)

 

External Hosting

This website is hosted by an external service provider (host). Personal data collected on this website are stored on the servers of the host. These may include, but are not limited to, IP addresses, contact requests, metadata and communications, contract information, contact information, names, web page access, and other data generated through a web site.
The host is used for the purpose of fulfilling the contract with our potential and existing customers (Art. 6 para. 1 lit. b DSGVO) and in the interest of secure, fast and efficient provision of our online services by a professional provider (Art. 6 para. 1 lit. f DSGVO).
Our host will only process your data to the extent necessary to fulfil its performance obligations and to follow our instructions with respect to such data.

 

Execution of a contract data processing agreement

In order to guarantee processing in compliance with data protection regulations, we have concluded an order processing contract with our host.

 

3. General information and mandatory information

 

Data protection

The operators of this website and its pages take the protection of your personal data very seriously. Hence, we handle your personal data as confidential information and in compliance with the statutory data protection regulations and this Data Protection Declaration.
Whenever you use this website, a variety of personal information will be collected. Personal data comprises data that can be used to personally identify you. This Data Protection Declaration explains which data we collect as well as the purposes we use this data for. It also explains how, and for which purpose the information is collected.
We herewith advise you that the transmission of data via the Internet (i.e. through e-mail communications) may be prone to security gaps. It is not possible to completely protect data against third party access.

 

Information about the responsible party (referred to as the “controller” in the GDPR)

The data processing controller on this website is:
Johannes Lübbering GmbH
Industriestraße 4
33442 Herzebrock-Clarholz

vertreten durch die Geschäftsführer
Achim Lübbering, Tobias Tönnies

Phone: (05245) 8309-0
E-mail: 该邮件地址已受到反垃圾邮件插件保护。要显示它需要在浏览器中启用 JavaScript。

The controller is the natural person or legal entity that single-handedly or jointly with others makes decisions as to the purposes of and resources for the processing of personal data (e.g. names, e-mail addresses, etc.).

 

Designation of a data protection officer as mandated by law

We have appointed a data protection officer for our company.

Stephan Schneider
Bahnhof Weidenau 6
57076 Siegen

Phone: (0700) 20 30 10 30
E-mail: 该邮件地址已受到反垃圾邮件插件保护。要显示它需要在浏览器中启用 JavaScript。

 

Revocation of your consent to the processing of data

A wide range of data processing transactions are possible only subject to your express consent. You can also revoke at any time any consent you have already given us. To do so, all you are required to do is sent us an informal notification via e-mail. This shall be without prejudice to the lawfulness of any data collection that occurred prior to your revocation.

 

Right to object to the collection of data in special cases; right to object to direct advertising (Art. 21 GDPR)

IN THE EVENT THAT DATA ARE PROCESSED ON THE BASIS OF ART. 6 SECT. 1 LIT. E OR F GDPR, YOU HAVE THE RIGHT TO AT ANY TIME OBJECT TO THE PROCESSING OF YOUR PERSONAL DATA BASED ON GROUNDS ARISING FROM YOUR UNIQUE SITUATION. THIS ALSO APPLIES TO ANY PROFILING BASED ON THESE PROVISIONS. TO DETERMINE THE LEGAL BASIS, ON WHICH ANY PROCESSING OF DATA IS BASED, PLEASE CONSULT THIS DATA PROTECTION DECLARATION. IF YOU LOG AN OBJECTION, WE WILL NO LONGER PROCESS YOUR AFFECTED PERSONAL DATA, UNLESS WE ARE IN A POSITION TO PRESENT COMPELLING PROTECTION WORTHY GROUNDS FOR THE PROCESSING OF YOUR DATA, THAT OUTWEIGH YOUR INTERESTS, RIGHTS AND FREEDOMS OR IF THE PURPOSE OF THE PROCESSING IS THE CLAIMING, EXERCISING OR DEFENCE OF LEGAL ENTITLEMENTS (OBJECTION PURSUANT TO ART. 21 SECT. 1 GDPR).
IF YOUR PERSONAL DATA IS BEING PROCESSED IN ORDER TO ENGAGE IN DIRECT ADVERTISING, YOU HAVE THE RIGHT TO AT ANY TIME OBJECT TO THE PROCESSING OF YOUR AFFECTED PERSONAL DATA FOR THE PURPOSES OF SUCH ADVERTISING. THIS ALSO APPLIES TO PROFILING TO THE EXTENT THAT IT IS AFFILIATED WITH SUCH DIRECT ADVERTISING. IF YOU OBJECT, YOUR PERSONAL DATA WILL SUBSEQUENTLY NO LONGER BE USED FOR DIRECT ADVERTISING PURPOSES (OBJECTION PURSUANT TO ART. 21 SECT. 2 GDPR).

 

Right to log a complaint with the competent supervisory agency

In the event of violations of the GDPR, data subjects are entitled to log a complaint with a supervisory agency, in particular in the member state where they usually maintain their domicile, place of work or at the place where the alleged violation occurred. The right to log a complaint is in effect regardless of any other administrative or court proceedings available as legal recourses.

 

Right to data portability

You have the right to demand that we hand over any data we automatically process on the basis of your consent or in order to fulfil a contract be handed over to you or a third party in a commonly used, machine readable format. If you should demand the direct transfer of the data to another controller, this will be done only if it is technically feasible.

 

SSL and/or TLS encryption

For security reasons and to protect the transmission of confidential content, such as purchase orders or inquiries you submit to us as the website operator, this website uses either an SSL or a TLS encryption programme. You can recognise an encrypted connection by checking whether the address line of the browser switches from “http://” to “https://” and also by the appearance of the lock icon in the browser line. If the SSL or TLS encryption is activated, data you transmit to us cannot be read by third parties.

 

Information about, rectification and eradication of data

Within the scope of the applicable statutory provisions, you have the right to at any time demand information about your archived personal data, their source and recipients as well as the purpose of the processing of your data. You may also have a right to have your data rectified or eradicated. If you have questions about this subject matter or any other questions about personal data, please do not hesitate to contact us at any time at the address provided in section “Information Required by Law.”

 

Right to demand processing restrictions

You have the right to demand the imposition of restrictions as far as the processing of your personal data is concerned. To do so, you may contact us at any time at the address provided in section “Information Required by Law.” The right to demand restriction of processing applies in the following cases:

• In the event that you should dispute the correctness of your data archived by us, we will usually need some time to verify this claim. During the time that this investigation is ongoing, you have the right to demand that we restrict the processing of your personal data.
• If the processing of your personal data was/is conducted in an unlawful manner, you have the option to demand the restriction of the processing of your data in lieu of demanding the eradication of this data.
• If we do not need your personal data any longer and you need it to exercise, defend or claim legal entitlements, you have the right to demand the restriction of the processing of your personal data instead of its eradication.
• If you have raised an objection pursuant to Art. 21 Sect. 1 GDPR, your rights and our rights will have to be weighed against each other. As long as it has not been determined whose interests prevail, you have the right to demand a restriction of the processing of your personal data.

If you have restricted the processing of your personal data, these data – with the exception of their archiving – may be processed only subject to your consent or to claim, exercise or defend legal entitlements or to protect the rights of other natural persons or legal entities or for important public interest reasons cited by the European Union or a member state of the EU.

 

4. Recording of data on this website

 

Cookies

Our websites and pages use what the industry refers to as “cookies.” Cookies are small text files that do not cause any damage to your device. They are either stored temporarily for the duration of a session (session cookies) or they are permanently archived on your device (permanent cookies). Session cookies are automatically deleted once you terminate your visit. Permanent cookies remain archived on your device until you actively delete them or they are automatically eradicated by your web browser.
In some cases it is possible that third party cookies are stored on your device once you enter our site (third party cookies). These cookies enable you or us to take advantage of certain services offered by the third party (e.g. cookies for the processing of payment services).
Cookies have a variety of functions. Many cookies are technically essential since certain website functions would not work in the absence of the cookies (e.g. the shopping cart function or the display of videos). The purpose of other cookies may be the analysis of user patterns or the display of promotional messages.
Cookies that are required for the performance of the electronic communications transaction or to provide certain functions you want to use (e.g. the shopping cart function), are stored on the basis of Art. 6 Sect. 1 lit. f GDPR. The website operator has a legitimate interest in storing cookies to ensure the technically error free and optimised provision of the operator’s services. If a corresponding agreement has been requested (e.g. an agreement to the storage of cookies), the processing takes place exclusively on the basis of Art. 6 para. 1 lit. a GDPR; the agreement can be revoked at any time.
You have the option to set up your browser in such a manner that you will be notified any time cookies are placed and to permit the acceptance of cookies only in specific cases. You may also exclude the acceptance of cookies in certain cases or in general or activate the delete function for the automatic eradication of cookies when the browser closes. If cookies are deactivated, the functions of this website may be limited.
In the event that third party cookies are used or if cookies are used for analytical purposes, we will separately notify you in conjunction with this Data Protection Policy and, if applicable, ask for your consent.

 

Server log files

The provider of this website and its pages automatically collects and stores information in so-called server log files, which your browser communicates to us automatically. The information comprises:

• The type and version of browser used
• The used operating system
• Referrer URL
• The hostname of the accessing computer
• The time of the server inquiry
• The IP address

This data is not merged with other data sources.
This data is recorded on the basis of Art. 6 Sect. 1 lit. f GDPR. The operator of the website has a legitimate interest in the technically error free depiction and the optimization of the operator’s website. In order to achieve this, server log files must be recorded.

 

Contact form

If you submit inquiries to us via our contact form, the information provided in the contact form as well as any contact information provided therein will be stored by us in order to handle your inquiry and in the event that we have further questions. We will not share this information without your consent.
The processing of these data is based on Art. 6 para. 1 lit. b GDPR, if your request is related to the execution of a contract or if it is necessary to carry out pre-contractual measures. In all other cases the processing is based on our legitimate interest in the effective processing of the requests addressed to us (Art. 6 Para. 1 lit. f DSGVO) or on your agreement (Art. 6 Para. 1 lit. a DSGVO) if this has been requested.
The information you have entered into the contact form shall remain with us until you ask us to eradicate the data, revoke your consent to the archiving of data or if the purpose for which the information is being archived no longer exists (e.g. after we have concluded our response to your inquiry). This shall be without prejudice to any mandatory legal provisions – in particular retention periods.

 

Request by e-mail, telephone or fax

If you contact us by e-mail, telephone or fax, your request, including all resulting personal data (name, request) will be stored and processed by us for the purpose of processing your request. We do not pass these data on without your consent.
The processing of these data is based on Art. 6 para. 1 lit. b GDPR, if your request is related to the execution of a contract or if it is necessary to carry out pre-contractual measures. In all other cases, the processing is based on your consent (Article 6 (1) a GDPR) and/or on our legitimate interests (Article 6 (1) (f) GDPR), since we have a legitimate interest in the effective processing of requests addressed to us.
The data sent by you to us via contact requests remain with us until you request us to delete, revoke your consent to the storage or the purpose for the data storage lapses (e.g. after completion of your request). Mandatory statutory provisions - in particular statutory retention periods - remain unaffected.

 

Registration on this website

You have the option to register on this website to be able to use additional website functions. We shall use the data you enter only for the purpose of using the respective offer or service you have registered for. The required information we request at the time of registration must be entered in full. Otherwise we shall reject the registration.
To notify you of any important changes to the scope of our portfolio or in the event of technical modifications, we shall use the e-mail address provided during the registration process.
We shall process the data entered during the registration process on the basis of your consent (Art. 6 Sect. 1 lit. a GDPR).
The data recorded during the registration process shall be stored by us as long as you are registered on this website. Subsequently, such data shall be deleted. This shall be without prejudice to mandatory statutory retention obligations.

 

5. Analysis tools and advertising

 

1&1 Web Analytics

This website uses 1&1-Webanalytics analysis services. The provider of these services is 1&1 IONOS SE, Elgendorfer Straße 57, 56410 Montabaur, Germany. In conjunction with the performance of analyses by 1&1, it is possible to e.g. analyze the number of visitors and their behavior patterns during visits (e.g. number of pages accessed, duration of their visits to the website, percentage of aborted visits), visitor origins (i.e. from which site does the visitor arrive at our site), visitor locations as well as technical data (browser and session of operating system used). For these purposes, 1&1 archives in particular the following data:

• Referrer (previously visited website)
• Accessed page on the website or file
• Browser type and browser version
• Used operating system
• Type of device used
• Website access time
• Anonymized IP address (used only to determine the access location)

According to 1&1, the data recorded are completely anonymized so they cannot be tracked back to individuals. 1&1-Webanalytics does not archive cookies.
The data are stored and analyzed pursuant to Art. 6 Sect. 1 lit. f GDPR. The operator of the website has a legitimate interest in the statistical analysis of user patterns to optimize both, the operator’s web presentation as well as the operator’s promotional activities. If a corresponding agreement has been requested (e.g. an agreement to the storage of cookies), the processing takes place exclusively on the basis of Art. 6 para. 1 lit. a GDPR; the agreement can be revoked at any time.
For more information affiliated with the recording and processing of data by 1&1-Webanalytics, please click on the following links:
https://hosting.1und1.de/hilfe/online-marketing/
https://hosting.1und1.de/hilfe/datenschutz/datenverarbeitung-von-webseitenbesuchern-ihres-companyname- produktes/webanalytics/
https://hosting.1und1.de/terms-gtc/terms-privacy/.

 

Contract data processing

We have executed a contract data processing agreement with 1&1. The aim of this contract is to ensure the data protection regulation compliant handling of your personal data by 1&1.

 

6. Newsletter

 

Newsletter data

If you would like to subscribe to the newsletter offered on this website, we will need from you an e-mail address as well as information that allow us to verify that you are the owner of the e-mail address provided and consent to the receipt of the newsletter. No further data shall be collected or shall be collected only on a voluntary basis. We shall use such data only for the sending of the requested information and shall not share such data with any third parties.
The processing of the information entered into the newsletter subscription form shall occur exclusively on the basis of your consent (Art. 6 Sect. 1 lit. a GDPR). You may revoke the consent you have given to the archiving of data, the e-mail address and the use of this information for the sending of the newsletter at any time, for instance by clicking on the “Unsubscribe” link in the newsletter. This shall be without prejudice to the lawfulness of any data processing transactions that have taken place to date.
The data deposited with us for the purpose of subscribing to the newsletter will be stored by us until you unsubscribe from the newsletter or the newsletter service provider and deleted from the newsletter distribution list after you unsubscribe from the newsletter. Data stored for other purposes with us remain unaffected.
After you unsubscribe from the newsletter distribution list, your e-mail address may be stored by us or the newsletter service provider in a blacklist to prevent future mailings. The data from the blacklist is used only for this purpose and not merged with other data. This serves both your interest and our interest in complying with the legal requirements when sending newsletters (legitimate interest within the meaning of Art. 6 para. 1 lit. f GDPR). The storage in the blacklist is indefinite. You may object to the storage if your interests outweigh our legitimate interest.

 

7. Plug-ins and Tools

 

YouTube with expanded data protection integration

Our website embeds videos of the website YouTube. The website operator is Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland.
We use YouTube in the expanded data protection mode. According to YouTube, this mode ensures that YouTube does not store any information about visitors to this website before they watch the video. Nevertheless, this does not necessarily mean that the sharing of data with YouTube partners can be ruled out as a result of the expanded data protection mode. For instance, regardless of whether you are watching a video, YouTube will always establish a connection with the Google DoubleClick network.
As soon as you start to play a YouTube video on this website, a connection to YouTube’s servers will be established. As a result, the YouTube server will be notified, which of our pages you have visited. If you are logged into your YouTube account while you visit our site, you enable YouTube to directly allocate your browsing patterns to your personal profile. You have the option to prevent this by logging out of your YouTube account.
Furthermore, after you have started to play a video, YouTube will be able to place various cookies on your device. With the assistance of these cookies, YouTube will be able to obtain information about our website's visitors. Among other things, this information will be used to generate video statistics with the aim of improving the user friendliness of the site and to prevent attempts to commit fraud. These cookies will stay on your device until you delete them.
Under certain circumstances, additional data processing transactions may be triggered after you have started to play a YouTube video, which are beyond our control.
The use of YouTube is based on our interest in presenting our online content in an appealing manner. Pursuant to Art. 6 Sect. 1 lit. f GDPR, this is a legitimate interest. If a corresponding agreement has been requested (e.g. an agreement to the storage of cookies), the processing takes place exclusively on the basis of Art. 6 para. 1 lit. a GDPR; the agreement can be revoked at any time.
For more information on how YouTube handles user data, please consult the YouTube Data Privacy Policy under:
https://policies.google.com/privacy?hl=en.

 

Google Web Fonts

To ensure that fonts used on this website are uniform, this website uses so-called Web Fonts provided by Google. When you access a page on our website, your browser will load the required web fonts into your browser cache to correctly display text and fonts.
To do this, the browser you use will have to establish a connection with Google’s servers. As a result, Google will learn that your IP address was used to access this website. The use of Google Web Fonts is based on Art. 6 Sect. 1 lit. f GDPR. The website operator has a legitimate interest in a uniform presentation of the font on the operator’s website. If a respective declaration of consent has been obtained (e.g. consent to the archiving of cookies), the data will be processed exclusively on the basis of Art. 6 Sect. 1 lit. a DGDPR. Any such consent may be revoked at any time.
If your browser should not support Web Fonts, a standard font installed on your computer will be used. For more information on Google Web Fonts, please follow this link:
https://developers.google.com/fonts/faq and consult Google’s Data Privacy Declaration under:
https://policies.google.com/privacy?hl=en.

 

8. Custom Services

 

Job Applications

We offer website visitors the opportunity to submit job applications to us (e.g. via e-mail, via postal services on by submitting the online job application form). Below, we will brief you on the scope, purpose and use of the personal data collected from you in conjunction with the application process. We assure you that the collection, processing and use of your data will occur in compliance with the applicable data privacy rights and all other statutory provisions and that your data will always be treated as strictly confidential.

 

Scope and purpose of the collection of data

If you submit a job application to us, we will process any affiliated personal data (e.g. contact and communications data, application documents, notes taken during job interviews, etc.), if they are required to make a decision concerning the establishment or an employment relationship. The legal grounds for the aforementioned are § 26 New GDPR according to German Law (Negotiation of an Employment Relationship), Art. 6 Sect. 1 lit. b GDPR (General Contract Negotiations) and – provided you have given us your consent – Art. 6 Sect. 1 lit. a GDPR. You may revoke any consent given at any time. Within our company, your personal data will only be shared with individuals who are involved in the processing of your job application.
If your job application should result in your recruitment, the data you have submitted will be archived on the grounds of § 26 New GDPR and Art. 6 Sect. 1 lit. b GDPR for the purpose of implementing the employment relationship in our data processing system.

 

Data Archiving Period

If we are unable to make you a job offer or you reject a job offer or withdraw your application, we reserve the right to retain the data you have submitted on the basis of our legitimate interests (Art. 6 para. 1 lit. f DSGVO) for up to 6 months from the end of the application procedure (rejection or withdrawal of the application). Afterwards the data will be deleted, and the physical application documents will be destroyed. The storage serves in particular as evidence in the event of a legal dispute. If it is evident that the data will be required after the expiry of the 6-month period (e.g. due to an impending or pending legal dispute), deletion will only take place when the purpose for further storage no longer applies.
Longer storage may also take place if you have given your agreement (Article 6 (1) (a) GDPR) or if statutory data retention requirements preclude the deletion.

 

Admission to the applicant pool

If we do not make you a job offer, you may be able to join our applicant pool. In case of admission, all documents and information from the application will be transferred to the applicant pool in order to contact you in case of suitable vacancies.
Admission to the applicant pool is based exclusively on your express agreement (Art. 6 para. 1 lit. a GDPR). The submission agreement is voluntary and has no relation to the ongoing application procedure. The affected person can revoke his agreement at any time. In this case, the data from the applicant pool will be irrevocably deleted, provided there are no legal reasons for storage.
The data from the applicant pool will be irrevocably deleted no later than two years after consent has been granted.

 

9. Our social media appearances

 

Data processing through social networks

We maintain publicly available profiles in social networks. The individual social networks we use can be found below.
Social networks such as Facebook, Google+ etc. can generally analyse your user behaviour comprehensively if you visit their website or a website with integrated social media content (e.g. like buttons or banner ads). When you visit our social media pages, numerous data protection-relevant processing operations are triggered. In detail:
If you are logged in to your social media account and visit our social media page, the operator of the social media portal can assign this visit to your user account. Under certain circumstances, your personal data may also be recorded if you are not logged in or do not have an account with the respective social media portal. In this case, this data is collected, for example, via cookies stored on your device or by recording your IP address.
Using the data collected in this way, the operators of the social media portals can create user profiles in which their preferences and interests are stored. This way you can see interest-based advertising inside and outside of your social media presence. If you have an account with the social network, interest-based advertising can be displayed on any device you are logged in to or have logged in to.
Please also note that we cannot retrace all processing operations on the social media portals. Depending on the provider, additional processing operations may therefore be carried out by the operators of the social media portals. Details can be found in the terms of use and privacy policy of the respective social media portals.

 

Legal basis

Our social media appearances should ensure the widest possible presence on the Internet. This is a legitimate interest within the meaning of Art. 6 (1) lit. f GDPR. The analysis processes initiated by the social networks may be based on divergent legal bases to be specified by the operators of the social networks (e.g. consent within the meaning of Art. 6 (1) (a) GDPR).

 

Responsibility and assertion of rights

If you visit one of our social media sites (e.g., Facebook), we, together with the operator of the social media platform, are responsible for the data processing operations triggered during this visit. You can in principle protect your rights (information, correction, deletion, limitation of processing, data portability and complaint) vis-à-vis us as well as vis-à-vis the operator of the respective social media portal (e.g. Facebook).
Please note that despite the shared responsibility with the social media portal operators, we do not have full influence on the data processing operations of the social media portals. Our options are determined by the company policy of the respective provider.

 

Storage time

The data collected directly from us via the social media presence will be deleted from our systems as soon as the purpose for their storage lapses, you ask us to delete it, you revoke your consent to the storage or the purpose for the data storage lapses. Stored cookies remain on your device until you delete them. Mandatory statutory provisions - in particular, retention periods - remain unaffected.
We have no control over the storage duration of your data that are stored by the social network operators for their own purposes. For details, please contact the social network operators directly (e.g. in their privacy policy, see below).

 

Individual social networks

 

Facebook

We have a profile on Facebook. The provider of this service is Facebook Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland. According to Facebook’s statement the collected data will also be transferred to the USA and to other third party countries.
We have signed an agreement with Facebook on shared responsibility for the processing of data (Controller Addendum). This agreement determines which data processing operations we or Facebook are responsible for when you visit our Facebook Fanpage. This agreement can be viewed at the following link:
https://www.facebook.com/legal/terms/page_controller_addendum.
You can customise your advertising settings independently in your user account. Click on the following link and log in:
https://www.facebook.com/settings?tab=ads.
Details can be found in the Facebook privacy policy:
https://www.facebook.com/about/privacy/.

 

Instagram

We have a profile on Instagram. The provider is Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA. For details on how they handle your personal information, see the Instagram Privacy Policy: https://help.instagram.com/519522125107875.