PRIVACY
We are delighted that you are interested in our company. Management at Betz Flow GmbH places great value on privacy and data protection. You can use the Betz Flow GmbH website without providing any personal data. However, if a data subject wants to use particular services from 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 data subject.
Personal data, such as the name, address, email address or phone number of a data subject is always processed in accordance with the local data protection regulations that apply to Betz Flow GmbH. We provide this privacy policy to inform the public about the nature, scope and purpose of the personal data we collect, use and process. This privacy policy also provides data subjects with information about their rights.
As the data controller, Betz Flow GmbH has implemented a large number of technical and organisational measures to ensure that the personal data processed via this website is protected as far as possible. Nonetheless, there are always security risks when sending data over the interest, so that it is not possible to guarantee that data is absolutely protected. Every data subject is therefore welcome to provide us with personal data by alternative means, such as by phone.
1. Definitions
The Betz Flow GmbH privacy policy is based on the terms used by the European legislator in the EU General Data Protection Regulation (GDPR). We believe that our privacy policy should be easy to read and understand for the public and for our customers and business partners. The terms used in the policy are defined below for this purpose.
We use the following terms and other in this privacy policy:
(a) Personal data
Personal data means any information relating to an identified or identifiable natural person (the “data subject”).
An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
(b) Data subject
Data subject means any identified or identifiable natural person whose personal data is processed by the data controller.
(c) Processing
Processing means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
(d) Restriction of processing
Restriction of processing means the marking of stored personal data with the aim of limiting its processing in the future.
(e) Profiling
Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
(f) Pseudonymisation
Pseudonymisation means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
(g) Controller or data controller
Controller or data controller means 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 determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
(h) Processor
Processor means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
(i) Recipient
Recipient means a natural or legal person, public authority, agency or another body, to which the personal data is disclosed, whether a third party or not.
However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law are not regarded as recipients.
(j) Third party
Third party means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
(k) Consent
Consent of the data subject means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
2. Name and address of the controller
The controller within the meaning of the General Data Protection Regulation (GDPR), other data protection laws applicable in the Member States of the European Union and other regulations relating to data protection is:
Samoa Flowtech GmbH
Am Obereichholz 4
97828 Marktheidenfeld
Germany
Telephone: +49 9391 98 26 0
Fax: +49 9391 98 26 50
3. Collection of general data and information
The Betz Flow GmbH website collects a sets of general data and information whenever a data subject or automated system accesses the website.
This general data and information is stored in the server’s log files. The following data may be collected: (1) the browser types and versions used; (2) the operating system used by the accessing system; (3) the website from which an accessing system accesses our website (the referrer); (4) the pages 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 that is used to protect us in the event of attacks on our IT systems.
Betz Flow GmbH does not use this general data and information to identify the data subject. This information is instead required in order to (1) correctly deliver the content of our website; (2) optimise the content of our website and the advertising for the website; (3) ensure that our IT systems and the technology of our website function at all times; and (4) to provide law enforcement authorities with the information necessary for prosecution in the event of a cyber attack. Betz Flow GmbH therefore analyses this anonymously collected data and information, firstly, for statistical purposes and, secondly, for the purpose of increasing data protection and data security at our company to ensure the best possible protection of the personal data we process. The anonymous data in the server log files is stored separately from any personal data provided by a data subject.
4. Contact option via the website
The Betz Flow GmbH website contains legally required information so that you can contact our company quickly from your computer and communicate directly with us, which also includes a general email address.
When a data subject contacts the controller by email or via a contact form, the personal data provided by the data subject is stored automatically.
Such personal data provided voluntarily by a data subject to the controller is stored for the purposes of processing or for contacting the data subject.
This personal data is not passed on to third parties.
5. Routine erasure (deletion) and blocking of personal data
The controller processes and stores personal data concerning the data subject only for the time necessary to achieve the purpose of storage or where provided for by EU law or other laws and regulations to which the controller is subject.
If the purpose of storage no longer applies or if a storage period required by EU or other law expires, the personal data is routinely blocked or erased (deleted) in accordance with the statutory provisions.
6. Rights of the data subject
(a) Right to confirmation
Every data subject has the right under EU law to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to exercise this right to confirmation, he or she may, at any time, contact any employee of the controller.
b) Right of access
Every data subject has the right under EU law to obtain from the controller at any time, free of charge, access to the personal data concerning to him or her which have been stored and a copy of such data.
EU law also give the data subject the right to access the following information:
the purposes of the processing;
the categories of personal data concerned; the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;
the right to lodge a complaint with a supervisory authority;
where the personal data are not collected from the data subject, any available information as to their source;
the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
In addition, the data subject has the right to be informed as to whether or not personal data have been transferred to a third country or to an international organisation.
If this is the case, the data subject also has the right to be informed of the appropriate safeguards relating to the transfer.
If a data subject wishes to exercise this right of access and the right to be informed, he or she may, at any time, contact any employee of the controller.
c) Right to rectification
Every data subject has the right under EU law to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject also has the right to have incomplete personal data completed, including by means of providing a supplementary statement.
If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact any employee of the controller.
d) Right to erasure (right to be forgotten)
Every data subject has the right under EU law to obtain from the controller the erasure of personal data concerning him or her without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies and processing is not necessary:
the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
the data subject withdraws consent on which the processing is based according to point (a) of Article 6(1), or point (a) of Article 9(2) GDPR, and where there is no other legal ground for the processing;
the data subject objects to the processing pursuant to Article 21(1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2 GDPR);
the personal data have been unlawfully processed;
the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject;
the personal data have been collected in relation to the offer of information society services referred to in Article 8(1) GDPR.
If one of the above grounds applies and a data subject requests the erasure (deletion) of personal data stored by Betz Flow GmbH, he or she may, at any time, contact any employee of the controller. The employee of Betz Flow GmbH shall arrange for the request for erasure (deletion) to be complied with immediately.
Where Betz Flow GmbH has made the personal data public and is obliged pursuant as the controller pursuant to Article 17(1) GDPR) to erase the personal data, Betz Flow GmbH, taking account of available technology and the cost of implementation, takes reasonable steps, including technical measures, to inform controllers which are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data. The employee of Betz Flow GmbH shall arrange for the necessary steps to be taken in each case.
(e) Right to restriction of processing
Every data subject has the right under EU law the right to obtain from the controller restriction of processing where one of the following applies:
the accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data;
the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead;
the controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims;
the data subject has objected to processing pursuant to Article 21(1) GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
If one of above reasons applies and a data subject requests the restriction of personal data stored by Betz Flow GmbH, he or she may, at any time, contact any employee of the controller. The employee of Betz Flow GmbH shall arrange for the restriction of processing.
(f) Right to data portability
Every data subject has the right under EU law to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format.
Every data subject also has the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where: the processing is based on consent pursuant to point (a) of Article 6(1) GDPR or point (a) of Article 9(2) GDPR or on a contract pursuant to point (b) of Article 6(1) GDPR; and the processing is carried out by automated means; unless processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
In exercising his or her right to data portability pursuant to Article 20(1) GDPR, the data subject also has the right to have the personal data transmitted directly from one controller to another, where technically feasible and where the rights and freedoms of others are not adversely affected.
To exercise the right to data portability, the data subject may, at any time contact, any employee of Betz Flow GmbH.
(g) Right to object
Every data subject has the right under EU law to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on point (e) or (f) of Article 6(1) GDPR,
including profiling based on those provisions.
Betz Flow GmbH shall no longer process the personal data unless we demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or the processing is for the establishment, exercise or defence of legal claims.
Betz Flow GmbH shall no longer process the personal data unless we demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or the processing is for the establishment, exercise or defence of legal claims.
The data subject also has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her, which is carried out by Betz Flow GmbH for scientific or historical research purposes or statistical purposes pursuant to Article 89(1) GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
To exercise the right to object, the data subject may directly contact any employee of Betz Flow GmbH or another employee.
The data subject may also exercise his or her right to object exercise his or her right to object by automated means using technical specifications in the context of the use of information society services, and notwithstanding Directive 2002/58/EC.
(h) Automated individual decision-making, including profiling
Every data subject has the right under EU law not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her, unless the decision (1) is necessary for entering into, or performance of, a contract between the data subject and a data controller; or (2) is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests; or (3) is based on the data subject’s explicit consent.
If the decision (1) is necessary for entering into, or performance of, a contract between the data subject and a data controller; or (2) is based on the data subject’s explicit consent, Betz Flow GmbH shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision.
If the data subject wishes to exercise rights concerning automated decision-making, he or she may, at any time, contact any employee of the controller.
(i) Right to withdraw consent to processing
Every data subject has the right under EU law the right to withdraw his or her consent to processing at any time.
If the data subject wishes to exercise the right to withdraw consent, he or she may, at any time, contact any employee of the controller.
7. Data protection for the integration and use of etracker
The controller has integrated components provided by the company etracker into this website.
etracker is a web analytics service.
Web analytics is the collection, combination and analysis of data regarding the behaviour of visitors to websites.
A web analytics service collects data about the website from which a data subject has accessed a website (the referrer), which pages on the website have been accessed and how often or for how long a page has been viewed, as well as other data.
Web analytics is primarily used to optimise a website and provide a cost/benefit analysis for internet advertising.
etracker’s operating company is etracker GmbH, Erste Brunnenstraße 1, 20459 Hamburg, Germany.
etracker sets a cookie on the data subject’s IT system.
See above for a description of cookies.
Each time a data subject accesses one of the pages on this website operated by the data controller on which an etracker component has been integrated, the web browser on the data subject’s IT system is automatically requested by the applicable etracker component to send data to etracker for marketing and optimisation purposes.
As part of this technical procedure, etracker gains knowledge of data that is subsequently used to create pseudonymised usage profiles.
The usage profiles obtained in this way are used to analyse the behaviour of the data subject who has accessed the controller’s website and are assessed with the aim of improving and optimising the website.
The data collected via the etracker component is not used to identify the data subject without first obtaining the data subject’s separate and explicit consent.
This data is not combined with personal data or with other data containing the same pseudonym.
The data subject can prevent our website setting cookies, as described above, at any time by changing the applicable settings on the web browser and thereby permanently blocking cookies.
This setting on the web browser also prevents etracker from setting a cookie on the data subject’s IT system.
Cookies already set by etracker can also be deleted at any time in your web browser or other software programs.
The data subject can also object to the collection of data generated by the etracker cookie and related to the use of this website, as well as to the processing of this data by etracker, and can prevent such processing.
To prevent processing, the data subject must press the set cookie button at the link following link: http://www.etracker.de/privacy?et=V23Jbb, which sets an opt-out cookie.
The opt-out cookie is stored on the data subject’s IT system.
If the cookies on the data subject’s system are deleted after opting out, the data subject must access the link again and set a new opt-out cookie.
However, setting the opt-out cookie means that the data subject may not be able to use all the features on the pages of the controller’s website.
etracker’s applicable privacy policy is available at: https://www.etracker.com/de/datenschutz.html.
8. Data protection for job applications and the job application process
The controller collects and processes the personal data of job applicants for the purpose of running the application process.
Processing may also be carried out electronically.
This is the case in particular where an applicant sends the relevant application documents to the controller electronically, e.g. by email or via a web form on the website.
If the data controller concludes an employment contract with a job applicant, the sent data is stored for the purpose of processing the employment relationship in compliance with the statutory provisions.
If the controller does not conclude an employment contract with the job applicant, the application files are automatically deleted two months after notice of rejection, provided that no other legitimate interests of the controller override erasure (deletion).
Other legitimate interest for these purposes is, for example, a duty to provide evidence in proceedings under the General Equal Treatment Act (AGG).
9. Legal basis of processing
Article 6(1)(a) GDPR is the legal basis for our company for processing operations where 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 another service or performance, the processing is based on Article 6(1)(b) GDPR.
This also applies to processing operations that are necessary in order to take steps prior to entering into a contract, e.g. in the case of enquiries about our products or services.
If our company is subject to a legal obligation where the processing of personal data is necessary for compliance, such as to comply with tax obligations, the processing is based on Article 6(1)(c) GDPR.
In rare cases, the processing of personal data may become necessary in order to protect the vital interests of the data subject or of another natural person.
This would be the case, for example, if a visitor was injured on our premises and, as a result, their name, age, health insurance details or other vital information needed to be passed on to a doctor, hospital or other third party.
The processing would then be based on Article 6(1)(d) GDPR.
Finally, processing operations may be based on Article 6(1)(f) GDPR.
Processing operations which are not covered by any of the above legal bases are based on this legal basis, where processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject.
We are allowed to carry out such processing operations in particular where they have been specifically laid down in EU law.
Under EU law, a legitimate interest may be assumed if the data subject is a customer of the controller (Recital 47 sentence 2 GDPR).
10. Legitimate interests pursued by the controller or a third party in processing
If the processing of personal data is based on Article 6(1)(f) GDPR, our legitimate interest is the performance of our business activities for the benefit of the well-being of all our employees and our shareholders.
11. Duration for which the personal data is stored
The applicable statutory retention period defines the duration for the storage of personal data.
After the period has expired, the relevant data is routinely deleted, unless it is required for performance of a contract or to take steps prior to entering into a contract.
12. Legal or contractual requirements to provide personal data; necessity for conclusion of the contract; obligation of the data subject to provide personal data; possible consequences of not providing personal data
Please note that providing personal data is in some cases required by law (e.g. tax regulations) or may also arise under contract (e.g. details about a party to the contract).
To conclude a contract, it may be necessary in some cases for a data subject to provide us with personal data which we have to then process.
For example, the data subject have to provide us with personal data if our company concludes a contract with him or her.
Failure to provide the personal data would mean that the contract with the data subject could not be concluded.
Before the data subject provides personal data, the data subject must contact one of our employees.
Our employee will inform the data subject on a case-by-case basis as to whether providing 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 the consequences of not providing the personal data would be.
13. No automated decision-making
As a responsible company, we do not use automated decision-making or profiling.
This privacy policy was created using the privacy policy generator provided by DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as the External Data Protection Officer for Lower Franconia, in cooperation with the data protection lawyers at the WILDE BEUGER SOLMECKE | Rechtsanwälte law firm.