Thank you very much for your interest in our company. The management of ERT Refrigeration Technology GmbH attaches particular importance to data protection. The use of the ERT Refrigeration Technology GmbH website is possible without any indication of personal data. However, if a data subject wishes to make use of 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.
ERT Refrigeration Technology GmbH, as the data controller, has implemented numerous technical and organisational measures to ensure the most complete possible protection of personal data processed via this website. Nevertheless, Internet-based data transmissions can in principle have security gaps, so that absolute protection cannot be guaranteed. For this reason, every person concerned is free to transmit personal data to us by alternative means, such as telephone.
We use the following terms in this privacy statement, among others:
(a) personal data
Personal data is any information relating to an identified or identifiable natural person (hereinafter “data subject”). A natural person shall be considered identifiable if he can be identified directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an on-line identifier or one or more specific characteristics expressing the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.
(b) data subject
Data subject means any identified or identifiable natural person whose personal data are processed by the controller.
Processing” means any operation or set of operations which is carried out with or without the aid of automated processes and which relates to personal data, such as collection, recording, organisation, sorting, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or association, qualification, erasure or destruction.
(d) Limitation of processing
Limitation of processing is the marking of stored personal data with the aim of limiting their future processing.
Profiling is any automated processing of personal data consisting of the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to the work performance, economic situation, health, personal preferences, interests, reliability, conduct, whereabouts or movement of that natural person.
Pseudonymisation means the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the provision of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures ensuring that the personal data are not attributed to an identified or identifiable natural person.
(g) controller or data controller
The controller or data controller is the natural or legal person, public authority, agency or other body which alone or jointly with others determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are laid down by Union law or by the law of the Member States, the controller or controllers may be designated in accordance with Union law or with the law of the Member States on the basis of certain criteria.
(h) Processors under contract
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
The recipient is a natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not that person is a third party. However, authorities which may receive personal data in the context of a specific investigation mandate under Union law or the law of the Member States shall not be considered as recipients.
(j) third parties
Third party means any natural or legal person, public authority, agency or body other than the data subject, the controller, the processor and the persons authorised to process the personal data under the direct responsibility of the controller or processor.
Consent shall mean any voluntary, informed and unambiguous expression by the data subject of his or her will in the particular case, in the form of a statement or other unequivocal confirmatory act, indicating that he or she consents to the processing of his or her personal data.
2. the name and address of the controller
The person responsible within the meaning of the Basic Data Protection Regulation, other data protection laws applicable in the Member States of the European Union and other provisions of a data protection nature is the Data Protection Commissioner:
ERT Refrigeration Technology GmbH
Baggage ring 5
Phone: +49 (0)40 76 10 48-0
3. the name and address of the Data Protection Officer
The data protection officer of the controller is:
ERT Refrigeration Technology GmbH
Phone: +49 (0)40 76 10 48-0
Any person concerned can contact our data protection officer directly at any time with any questions or suggestions regarding data protection.
The person concerned can prevent the setting of cookies by our website at any time by means of an appropriate setting of the Internet browser used and thus permanently object to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via an Internet browser or other 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 under certain circumstances.
5. collection of general data and information
The website of ERT Refrigeration Technology GmbH collects a series of general data and information each time the website is accessed by a person concerned or an automated system. This general data and information is stored in the log files of the server. The (1) browser types and versions used can be recorded, (2) the operating system used by the accessing system, (3) the website from which an accessing system accesses our website (so-called referrer), (4) the sub-sites which are accessed via an accessing system on our website, (5) the date and time of access to the website, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system and (8) other similar data and information used to avert dangers in the event of attacks on our information technology systems.
ERT Refrigeration Technology GmbH does not draw any conclusions about the person concerned when using this general data and information. This information is needed (1) to correctly deliver the content of our website, (2) to optimize the content and advertising of our website, (3) to ensure the long-term functionality of our information technology systems and the technology of our website, and (4) to provide law enforcement authorities with the information necessary for law enforcement in the event of a cyber attack. This anonymously collected data and information is therefore evaluated by ERT Refrigeration Technology GmbH both statistically and with the aim of increasing data protection and data security in our company in order to ultimately ensure an optimum level of protection for the personal data processed by us. The anonymous data of the server log files are stored separately from all personal data provided by the person concerned.
6. possibility to contact us via the website
The website of ERT Refrigeration Technology GmbH contains, due to legal regulations, information which allows a quick electronic contact to our company as well as a direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the controller by e-mail or via a contact form, the personal data transmitted by the data subject shall be automatically stored. Such personal data transmitted voluntarily by a data subject to the controller are stored for the purposes of processing or contacting the data subject. This personal data will not be passed on to third parties.
7. comment function in the blog on the website
ERT Refrigeration Technology GmbH offers users the opportunity to leave individual comments on individual blog contributions on a blog located on the website of the data controller. A blog is a portal that is maintained on a website, usually open to the public, in which one or more people called bloggers or web bloggers can post articles or write thoughts in so-called blog posts. The blog posts can usually be commented on by third parties.
If a data subject leaves a comment in the blog published on this website, in addition to the comments left by the data subject, information about the time of the comment entry and the user name (pseudonym) chosen by the data subject will also be stored and published. Furthermore, the IP address assigned by the Internet Service Provider (ISP) to the person concerned is logged. The IP address is stored for security reasons and in the event that the person concerned violates the rights of third parties by submitting a comment or posts illegal content. The storage of these personal data therefore takes place in the own interest of the data controller, so that in the event of a violation of the law, the data controller could exculpate himself. This collected personal data will not be passed on to third parties unless such a passing on is prescribed by law or serves the legal defence of the controller.
8. subscription of comments in the blog on the website
The comments made in the ERT Refrigeration Technology GmbH blog can be subscribed to by third parties. In particular, it is possible for a commentator to subscribe to the comments following his comment on a particular blog post.
If a data subject chooses the option to subscribe to comments, the data controller shall send an automatic confirmation email to the double opt-in process to verify that the owner of the specified email address has actually opted for this option. The option to subscribe to comments can be cancelled at any time.
9. routine deletion and blocking of personal data
The controller shall process and store the personal data of the data subject only for the period of time necessary to achieve the storage purpose or where provided for by the European directive and regulation maker or another legislator in laws or regulations to which the controller is subject.
If the storage purpose no longer applies or if a storage period prescribed by the European directive and regulation giver or another competent legislator expires, the personal data shall be blocked or deleted routinely and in accordance with the statutory provisions.
10. rights of the data subject
a) Right to confirmation
Every data subject shall have the right, granted by the European directive and regulation maker, to obtain from the controller confirmation as to whether personal data relating to him or her are being processed. If a data subject wishes to exercise this right of confirmation, he or she may at any time contact an employee of the controller.
b) Right of access
Any person concerned by the processing of personal data has the right, granted by the European directive and regulation maker, to obtain at any time, free of charge, from the controller, information on the personal data relating to him which have been stored and a copy of that information. In addition, the European legislator has provided the data subject with the following information:
the processing purposes
the categories of personal data processed
the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations
if possible, the planned duration for which the personal data will be stored or, if that is not possible, the criteria for determining that duration
the existence of a right to the rectification or erasure of personal data concerning him or her or to the limitation of the processing carried out by the controller or of a right to object to such processing
the existence of a right of appeal to a supervisory authority
if the personal data are not collected from the data subject: All available information on the origin of the data
the existence of automated decision-making, including profiling, in accordance with Article 22(1) and (4) of the DS Block Exemption Regulation and, at least in these cases, meaningful information on the logic involved, the scope and the intended effects of such processing on the data subject
The data subject also has the right to know whether personal data have been transferred to a third country or to an international organisation. If this is the case, the data subject shall also have the right to obtain information on the appropriate safeguards in connection with the transfer.
If a data subject wishes to exercise this right of access, he or she may at any time contact an employee of the controller.
(c) Right to rectification
Any person concerned by the processing of personal data has the right, granted by the European directive and regulation maker, to request the rectification without delay of inaccurate personal data concerning him or her. Furthermore, the data subject shall have the right, having regard to the purposes of the processing, to request the completion of incomplete personal data, including by means of a supplementary statement.
If a data subject wishes to exercise this right of rectification, he or she may at any time contact an employee of the controller.
d) Right to cancellation (right to be forgotten)
Any person data subject to the processing of personal data shall have the right, granted by the European directive and regulation, to require the controller to erase without delay personal data concerning him which are subject to one of the following conditions and to the extent that the processing is not necessary:
The personal data have been collected for such purposes or processed in any other way for which they are no longer necessary.
The data subject withdraws his consent on which the processing was based pursuant to Article 6(1)(a) DS Block Exemption Regulation or Article 9(2)(a) DS Block Exemption Regulation and there is no other legal basis for the processing.
The data subject objects to the processing under Article 21(1) DS Block Exemption Regulation and there are no overriding legitimate reasons for the processing or the data subject objects to the processing under Article 21(2) DS Block Exemption Regulation.
Personal data have been processed unlawfully.
The deletion of personal data is necessary to fulfil a legal obligation under Union law or the law of the Member States to which the data controller is subject.
The personal data were collected in relation to information society services offered pursuant to Art. 8 para. 1 DS-GVO.
If one of the above reasons applies and a person concerned wishes to have personal data stored at ERT Refrigeration Technology GmbH deleted, he or she can contact an employee of the data controller at any time. The employee of ERT Refrigeration Technology GmbH will arrange for the request for deletion to be complied with immediately.
If the personal data has been made public by ERT Refrigeration Technology GmbH and our company is responsible pursuant to Art. 17 Para. 1 DS-GVO, ERT Refrigeration Technology GmbH, taking into account the available technology and implementation costs, shall take appropriate measures, including technical measures, to inform other data controllers who process the published personal data that the data subject has requested the deletion of all links to this personal data or copies or replications of this personal data from these other data controllers, insofar as the processing is not necessary. The employee of ERT Refrigeration Technology GmbH will take the necessary steps in individual cases.
(e) Right to limitation of processing
Any person data subject to the processing of personal data has the right, granted by the European directive and regulation, to request the controller to limit the processing if one of the following conditions is met:
The accuracy of the personal data is contested by the data subject for a period of time which allows the data controller to verify the accuracy of the personal data.
The processing is unlawful, the data subject refuses the deletion of the personal data and instead requests the restriction of the use of the personal data.
The controller no longer needs the personal data for the purposes of processing, but the data subject needs them for the assertion, exercise or defence of legal claims.
The data subject has lodged an objection against the processing pursuant to Art. 21 para. 1 DS-GVO and it is not yet clear whether the legitimate reasons of the data controller outweigh those of the data subject.
If one of the above conditions is met and a person concerned wishes to request the restriction of personal data stored at ERT Refrigeration Technology GmbH, he or she can contact an employee of the data controller at any time. The employee of ERT Refrigeration Technology GmbH will initiate the restriction of the processing.
f) Right to data transferability
Any data subject involved in the processing of personal data has the right, granted by the European directive and regulation, to obtain personal data concerning him or her which have been provided by the data subject to a controller in a structured, common and machine-readable format. It shall also have the right to communicate such data to another controller without interference from the controller to whom the personal data have been provided, provided that the processing is based on the consent referred to in Article 6(1)(a) DS Block Exemption Regulation or Article 9(2)(a) DS Block Exemption Regulation or on a contract referred to in Article 6(1)(b) DS Block Exemption Regulation and that the processing is carried out by automated means, provided that the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Furthermore, when exercising his right to data transferability pursuant to Art. 20 (1) DS-GVO, the data subject shall have the right to obtain that the personal data be transferred directly from one responsible person to another responsible person, insofar as this is technically feasible and insofar as this does not impair the rights and freedoms of other persons.
In order to assert the right to data transfer, the person concerned can contact an ERT Refrigeration Technology GmbH employee at any time.
(g) Right of appeal
Any person data subject to the processing of personal data has the right, granted by the European directive and regulation maker, to object at any time, for reasons related to his/her particular situation, to the processing of personal data concerning him/her on the basis of Article 6(1)(e) or (f) of the DS Block Exemption Regulation. This also applies to profiling based on these provisions.
ERT Refrigeration Technology GmbH will no longer process the personal data in the event of an objection unless we can prove compelling reasons for the processing worthy of protection which outweigh the interests, rights and freedoms of the person concerned, or the processing serves the assertion, exercise or defence of legal claims.
If ERT Refrigeration Technology GmbH processes personal data in order to conduct direct advertising, the person concerned has the right to object at any time to the processing of personal data for the purpose of such advertising. This also applies to profiling in so far as it is related to such direct marketing. If the person concerned objects to ERT Refrigeration Technology GmbH processing the data for direct marketing purposes, ERT Refrigeration Technology GmbH will no longer process the personal data for these purposes.
In addition, the data subject has the right to object to the processing of personal data relating to him by ERT Refrigeration Technology GmbH for scientific or historical research purposes or for statistical purposes pursuant to Art. 89 (1) DS-GVO for reasons arising from his particular situation, unless such processing is necessary for the performance of a task in the public interest.
In order to exercise the right to object, the person concerned may contact any employee of ERT Refrigeration Technology GmbH or another employee directly. The data subject shall also be free to exercise his right of objection in relation to the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures using technical specifications.
(h) Automated case-by-case decisions including profiling
Any person data subject to the processing of personal data has the right under the European Directive and Regulation not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects upon him or her or significantly affects him or her in a similar manner, provided that the decision (1) is not necessary for the conclusion or performance of a contract between the data subject and the data controller, or (2) is authorised by Union or national law or by the Member States to which the data controller is subject and which provides for adequate measures to safeguard the rights and freedoms and the legitimate interests of the data subject, or (3) is taken with the express consent of the data subject.
If the decision (1) is necessary for the conclusion or performance of a contract between the data subject and the responsible person or (2) is made with the express consent of the data subject, ERT Refrigeration Technology GmbH shall take appropriate measures to safeguard the rights and freedoms as well as the legitimate interests of the data subject, including at least the right to obtain the intervention of a person on the part of the responsible person, to state his or her own position and to challenge the decision.
If the data subject wishes to exercise rights relating to automated decisions, he or she may at any time do so by contacting an employee of the controller.
i) Right to revoke consent under data protection law
Any person concerned by the processing of personal data has the right, granted by the European directive and regulation maker, to revoke consent to the processing of personal data at any time.
If the data subject wishes to exercise his or her right to withdraw consent, he or she may do so at any time by contacting an employee of the controller.
11. data protection for applications and in the application process
The data controller collects and processes the personal data of applicants for the purpose of processing the application procedure. Processing may also be carried out electronically. This shall in particular be the case where an applicant sends the relevant application documents to the controller by electronic means, for example by e-mail or via a web form on the website. If the data controller concludes an employment contract with an applicant, the transferred data shall be stored for the purpose of processing the employment relationship in accordance with the statutory provisions. If the controller does not conclude a contract of employment with the candidate, the application file shall be automatically deleted two months after notification of the refusal decision, unless deletion conflicts with any other legitimate interests of the controller. Other legitimate interests in this sense include, for example, the duty to provide evidence in proceedings under the General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz – AGG).
The data controller has integrated the Google Analytics component (with anonymisation function) on this website. Google Analytics is a web analytics service. Web analysis is the collection, collection and evaluation of data about the behavior of visitors to Internet sites. A web analysis service collects data on, among other things, from which website a person concerned has accessed a website (so-called referrers), which subpages of the website have been accessed or how often and for how long a subpage has been viewed. A web analysis is mainly used for the optimization of a website and for the cost-benefit analysis of Internet advertising.
The operating company of the Google Analytics component is Google Ireland Limited, Gordon House, Barrow Street, Dublin, D04 E5W5, Ireland.
The data controller uses the addition “_gat._anonymizeIp” for the web analysis via Google Analytics. This addition is used by Google to shorten and anonymise the IP address of the Internet connection of the person concerned if access to our Internet pages is from a Member State of the European Union or from another Contracting State to the Agreement on the European Economic Area.
The purpose of the Google Analytics component is to analyse 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 showing the activities on our website and to provide other services in connection with 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 able to analyse the use of our website. Each time one of the individual pages of this website is accessed which is operated by the data controller and on which a Google Analytics component has been integrated, the Internet browser on the information technology system of the person concerned is automatically prompted by the respective Google Analytics component to transmit data to Google for the purpose of online analysis. As part of this technical process, Google obtains knowledge of personal data, such as the IP address of the person concerned, which Google uses, among other things, to track the origin of visitors and clicks and subsequently to enable commission statements.
The cookie is used to store personal information, such as the access time, the location from which an 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 transferred to Google in the United States of America. This personal data is stored by Google in the United States of America. Google may share this personal information collected through the technical process with third parties.
The person concerned can prevent the setting of cookies by our website at any time, as described above, by means of an appropriate setting of 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.
The person responsible for the processing has integrated Google AdWords on this website. Google AdWords is an Internet advertising service that allows advertisers to serve ads both in Google’s search engine results and on the Google advertising network. Google AdWords allows an advertiser to pre-define keywords that will be used to display an ad in Google’s search engine results only when the user uses the search engine to retrieve a keyword relevant search result. In the Google advertising network, the ads are distributed to relevant Internet sites using an automatic algorithm and in accordance with the keywords defined beforehand.
The company operating the Google AdWords services is Google Ireland Limited, Gordon House, Barrow Street, Dublin, D04 E5W5, Ireland.
The purpose of Google AdWords is to promote our website by displaying advertisements of interest on the websites of third parties and in the search results of the Google search engine and by displaying third-party advertisements on our website.
If a person concerned reaches our website via a Google advertisement, a so-called conversion cookie is stored on the information technology system of the person concerned by Google. What cookies are has already been explained above. A conversion cookie loses its validity after thirty days and does not serve to identify the person concerned. If the cookie has not yet expired, the conversion cookie is used to track whether certain subpages, such as the shopping cart of an online shop system, have been accessed on our website. Through the conversion cookie, both we and Google can track whether a person who came to our website via an AdWords ad generated a turnover, i.e. completed or cancelled a purchase of goods.
The data and information collected through the use of the conversion cookie is used by Google to compile visit statistics for our website. These visit statistics are in turn used by us to determine the total number of users who were referred to us via AdWords ads, i.e. to determine the success or failure of the respective AdWords ad and to optimise our AdWords ads for the future. Neither our company nor other Google AdWords advertisers receive any information from Google that could identify the individual concerned.
The conversion cookie is used to store personal information, such as the Internet pages visited by the person concerned. Accordingly, each time you visit our website, 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. This personal data is stored by Google in the United States of America. Google may share this personal information collected through the technical process with third parties.
The person concerned can prevent the setting of cookies by our website at any time, as described above, by means of an appropriate setting of 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 conversion cookie on the information technology system of the person concerned. In addition, a cookie already set by Google AdWords can be deleted at any time via the Internet browser or other software programs.
Furthermore, the person concerned has the opportunity to object to the interest-related advertising by Google. To do this, the person concerned must access the link www.google.de/settings/ads from any of the Internet browsers they use and make the desired settings there.
14. legal basis for the processing
Art. 6 I lit. a DS-GVO serves our company as a legal basis for processing operations in which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is a party, as is the case, for example, with processing operations that are necessary for the delivery of goods or the provision of other services or consideration, the processing is based on Art. 6 I lit. b DS-GVO. The same applies to such processing operations that are necessary for the implementation of pre-contractual measures, such as in cases of inquiries about our products or services. If our company is subject to a legal obligation requiring the processing of personal data, such as for the fulfilment of tax obligations, the processing is based on Art. 6 I lit. c DS-GVO. In rare cases, the processing of personal data may become necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor to our business was injured and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6 I lit. d DS-GVO. Ultimately, processing operations could be based on Art. 6 I lit. f DS-GVO. Processing operations which are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to safeguard a legitimate interest of our company or a third party, provided that the interests, fundamental rights and fundamental freedoms of the data subject do not predominate. Such processing operations are permitted to us in particular because they have been specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the person concerned is a customer of the person responsible (recital 47 sentence 2 DS Block Exemption Regulation).
15. legitimate interests in the processing pursued by the controller or a third party
If the processing of personal data is based on Article 6 I lit. f DS-GVO, our legitimate interest is the conduct of our business for the benefit of all our employees and shareholders.
16. the duration for which the personal data will be stored
The criterion for the duration of the storage of personal data is the respective legal retention period. After expiry of this period, the corresponding data will be routinely deleted unless they are no longer required for the fulfilment or initiation of the contract.
17. legal or contractual provisions relating to the provision of personal data; the need to conclude a contract; the obligation of the data subject to provide the personal data; the possible consequences of not providing the personal data
We will inform you that the provision of personal data is partly required by law (e.g. tax regulations) or may result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary for a contract to be concluded that a person concerned makes personal data available to us which must subsequently be processed by us. For example, the person concerned is obliged to provide us with personal data when our company concludes a contract with him or her. Failure to provide personal data would mean that the contract could not be concluded with the data subject. Before the data subject provides personal data, the data subject must contact one of our employees. Our employee informs the data subject 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 a contract, whether there is an obligation to provide the personal data and what consequences the non-availability of the personal data would have.
18. the existence of automated decision-making
As a responsible company, we refrain from automatic decision-making or profiling.
This data protection declaration was created by the data protection declaration generator of the DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as external data protection officer for Upper Bavaria, in cooperation with the lawyer for data protection Christian Solmecke.