Data Protection Notice of Hertwich Engineering GmbH

We provide different options for enquiries on our website, where you can opt to seek to get in contact with us, and, when using our form, will provide data entered by you or collected about you in this context. In particular, this may include:

• If you send general or specific enquiries to us using the contact form or email addresses provided on our website, we will process the data specified therein to answer your enquiry.
• If you register for our newsletter, we will process your email address for sending our newsletter, provided that you have expressly consented to our newsletter being sent to the email address specified by you.

Usage data: We set up a user profile on your use of our website under a pseudonym, which enables us to understand the manner in which our website is being used.

When you use our websites, data on your usage (such as the date and time of your visit, pages called up and files requested, type and version of the web browser used by you, type and operating system of the end device you use as well as your IP address) is temporarily stored in a log file on our server.

Should you submit enquiries to us via a contact form or per email, we process the information given therein to answer your query as well as the IP address and date/time of the request in order to avoid misuse of the contact form.

The legal basis for the processing is our legitimate interest pursuant to Art. 6 (1) letter f GDPR in providing you with the respective service you requested (e.g. request for contact). If your query concerns the initiation or processing (including customer service or warranty) of a contract, the additional legal basis for the processing is Art. 6 (1) letter b GDPR.

You may oppose the processing of your data on grounds of Art. 6 (1) letter f GDPR. In this case, upon proving mandatory reasons for the processing we can continue the processing. This can, in such case, be particularly necessary in order to prove past queries and communications with you. If no such mandatory reasons exist, we will cease our communication with you and delete already collected data.

This data will be deleted when our communication with you or the respective relationship established by your enquiry has ended, i.e. when the factual situation at issue has been conclusively clarified and no further legitimate interest exists for the storage, respectively no further statutory obligations exist to store such data.

We also wish to use the data entered by you in any event or collected during your use of the websites to inform you about products and services relating to our product range (“Services”) (advertising) or to improve our product offers and services (product development).

We use the anonymised and/or aggregated data to be able to understand the surfing behaviour of all visitors and therewith improve the design of our website and of our product range in general.

Moreover, we use your usage data to understand your surfing behaviour and thereby improve the offers displayed to you and to offer personalised information.

If you may subscribe to our newsletter, which is free of charge, the data collected upon subscription will be processed.

We will contact you by email with information, offers and promotional offers regarding Services that are personally tailored to you and your interests and use, either on the basis of your express consent, or – if you have previously acquired similar products or services and in this context have provided your email address – also without separate consent. In this context, we will also process data on your user conduct after we have sent you emails (e.g. click behaviour).

By telephone, we will only contact you with your respective express consent with information, offers and promotional offers regarding Services that are personally tailored to you and your interests and use.

Also without consent, we may inform you where appropriate within the legally permissible scope by written mail advertising of Services.

You may at any time wholly or partially object to the creation of pseudonymised data, the use of your personal data for advertising and product-development purposes as well as the ensuing contact for such purposes in a specific form or may revoke any consents you may have granted. Please use the corresponding functions that are already provided for your use (e.g. the unsubscribe function in your personal customer account) or address a corresponding written notification (reference: data protection) or email to the contact details given in clause 8.

The legal basis for the processing is your consent (Art. 6 (1) letter a GDPR) and our legitimate interests (Art. 6 (1) letter f GDPR, where applicable in connection with Sec. 7 para. 3 German Unfair Competition Act (UWG).

This data will be deleted by us following your objection, respectively revocation of any consents given, or otherwise upon the end of your use at the latest, respectively it will only be stored in aggregated, anonymised form. To the extent necessary, we will store the fact that you have objected in order to prevent you being contacted further.

The processing of the server log data is necessary for technical reasons in order to provide the website and render the services and thereafter to ensure the system security.

The legal basis for the processing is our legitimate interest in providing the website with our services (Art. 6 (1) letter f GDPR). The processing is a mandatory prerequisite for the use of our website; no objection right is hence available.

This data is deleted after 30 days at the latest.

The server log data may then be assessed in anonymised form for statistical purposes and to improve the quality of our internet presence. There is no link between the server log data and your personal data nor is the server log data combined in any way with other personal data sources.

We partially use service providers, in observance of the statutory requirements, by means of data processor relationships, i.e. processing is performed on the basis of a respective contract, for our account, according to our directions and subject to our control.

Data processors are, in particular

• technical service providers whose services we retain for the provision of the website, e.g. service providers for software maintenance, data-processing operations and hosting;
• technical service providers, whose services we retain for the provision of functionalities, e.g. technically required Cookies;
• service providers for the practical execution of advertising and marketing measures, e.g. service providers for email distribution.

In such cases we remain responsible for the data processing; the transfer and processing of personal data to or by our data processors is made on the legal basis upon which we are permitted to process data in each case. No separate legal basis is required.

We partially also transmit your data to third parties, i.e. partners with whom we collaborate outside of a contracted processing. Such partners render their services on their own responsibility; the processing of your data by our partners is exclusively governed by the data protection notices of such third party. Data transfers to other group entities of SMS group GmbH

We may forward your enquiry together with the data specified by you to other responsible SMS group subsidiaries in Germany or other countries whenever this may be required to answer your enquiry (e.g. because your enquiry refers to a business transaction or quotation from another country). The legal basis for the transfer is the performance of a service requested by you, Art. 6 (1), letter b GDPR, and/or our legitimate interest to answer your enquiry, Art. 6 (1), letter f GDPR.

Please note that this may, depending on your enquiry, involve a transfer or your personal data to countries outside the European Economic Area that do not necessarily provide the same level of data protection. We have ensured an adequate level of protection by signing the EU model clauses (Art. 46 (2) GDPR), and you may get a copy of the relevant parts from the contact person named in clause 8.

In order to transport any materials, etc., that you may have ordered, we transmit your address and contact details, to the extent necessary, to parcel transportation enterprises. The legal basis for the transfer is the performance of the contract with you, Art. 6 (1) letter b GDPR.

We use so-called “Cookies” to fashion our website in a most user-friendly way. Cookies are small files stored on the user’s device. They allow the storage of information for a determinate period of time and the identification of the user’s device. For this purpose, also tracking-pixel might be used that are not stored on the user’s hard drive, but that may in the same way help to recognize a user’s device. When using the term “Cookie”, this refers to Cookies in the technical sense as well as tracking pixel and other technologies.

On this website we use two types of Cookies:

Technical Cookies

Cookies required for technical purposes, without which the functionality of our website would be reduced.

These Cookies are indispensable if we want to ensure proper functioning and easy navigation of our website. They allow, e.g., to offer you the opportunity to search for local retailers selling our products (e.g. by showing a map of your neighbourhood), or store your language selection or consent/non-consent to the use of Cookies and your selected Cookie settings. Such Cookies do not collect any information about you for marketing purposes and do not record the sites you visit when surfing the internet. A deactivation of this type of Cookies would reduce all or part of the functions of the website.

The legal basis for this processing is our legitimate interest (Art. 6 (1) lit f GDPR).

These Cookies are specifically set for individual sessions and expire when you leave the website and end the session.

Analytic cookies

Analytics cookies collect information about how visitors use a website as a whole, for example, which pages they visit most frequently and whether they receive error messages from websites. These cookies do not collect data that can be used to identify visitors. All information collected by means of these cookies is solely intended to understand and improve the functionality and service of the website. Disabling this category of cookies does not affect the functionality of our website.

If you wish to generally deactivate analytics, targeting and advertising Cookies, you may deactivate individual Cookies by clicking on one of the links in the above table (opt out). Finally, you may prevent the use of any Cookies whatsoever by adjusting the settings in your browser accordingly. We wish to point out, however, that in such case the functionality of our website will be reduced, if Cookies required for technical purposes are also blocked.

For further information on Cookies and individual providers, you may e.g. refer to www.youronlinechoices.com, where you may also object to usage-based online advertising via certain or any tools. Click here to be forwarded directly to the preferences manager.

This website uses Google Analytics, a web analysis service from Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043 USA, hereinafter referred to as “Google“. Google Analytics employs so-called “cookies“, text files that are stored to your computer in order to facilitate an analysis of your use of the site.

The information generated by these cookies, such as time, place and frequency of your visits to our site, including your IP address, is transmitted to Google’s location in the US and stored there.

We use Google Analytics with an IP anonymization feature on our website. In doing so, Google abbreviates and thereby anonymizes your IP address before transferring it from member states of the European Union or signatory states to the Agreement on the European Economic Area.

Google will use this information to evaluate your usage of our site, to compile reports on website activity for us, and to provide other services related to website- and internet usage. Google may also transfer this information to third parties if this is required by law or to the extent this data is processed by third parties on Google´s behalf.

Google states that it will in never associate your IP address with other data held by Google. You can prevent cookies from being installed by adjusting the settings on your browser software accordingly. You should be aware, however, that by doing so you may not be able to make full use of all the functions of our website.

Google also offers a disabling option for the most common browsers, thus providing you with greater control over the data which is collected and processed by Google. If you enable this option, no information regarding your website visit is transmitted to Google Analytics. However, the activation does not prevent the transmission of information to us or to any other web analytics services we may use. For more information about the disabling option provided by Google, and how to enable this option, visit https://tools.google.com/dlpage/gaoptout?hl=en

If you would like further information about the nature, extent and purpose of the data collected by Google, we ask you to read their privacy policy.

We use links to other internet presences of us on websites and services of third parties, e.g. to social media channels such as Facebook, Twitter or Youtube. These third parties are exclusively responsible for the data processing by such other service providers on their websites and their data protection notices apply.

We and our service providers take technical and organisational security measures to protect your personal data managed by us against accidental or deliberate manipulation, loss, destruction or access by unauthorised persons. Our data processing and our security measures are improved on a constant basis according to the technical developments.

Our employees and our retained service providers are naturally obliged to maintain confidentiality.

Every natural person whose personal data we process has, in principle (i.e. depending on the respective preconditions), the following rights vis-à-vis us:

Should you have questions regarding our processing of your personal data, we would be pleased to provide you at any time and at no charge with information on the data stored about you (Art. 15 GDPR).

You have a right to the correction of incorrect data as well as completion of incomplete data (Art. 16 GDPR).

You have a right to the blocking/limitation of the processing or to deletion of personal data concerning you which is no longer required or stored on grounds of legal obligations (Art. 17, 18 GDPR).

You have a right to the transfer of the data in a structured, standard and machine-readable format, insofar as you have provided us with the data on grounds of a consent or contract between us and you (Art. 20 GDPR).

You have the right to object at any time to the processing of your data for direct marketing purposes (cf. also clause 2.3; Art. 21 para. 2 and 3 GDPR).

You have the right to object to a processing on the basis of legitimate interest, in which case we are entitled to demonstrate our compelling reasons (Art. 21 para. 1 GDPR). We have pointed out above (clause 2) in which cases this right applies.

Insofar as you have consented to a data processing, you can revoke this consent at any time with effect for the future, i.e. the legality of the data processing remains unaffected until the date of the revocation. After a revocation of consent, you may no longer be able to use our services.

Please address your concerns in writing (reference: data protection) or by email to the contact details given in point 8 below. We reserve the right to check your identity to ensure that your personal data is not disclosed to unauthorised persons.

Furthermore, you are entitled to file a complaint with a supervisory authority for data protection.

Please send your requests in writing to Hertwich Engineering GmbH, Weinbergerstr. 6, 5280 Braunau, Austria, quoting “Data protection”, or email us at info(at)hertwich.com.

From time to time, the content of this data protection notice may have to be modified. We therefore reserve the right to amend them at any time. We will also publish the amended version of the data protection notice at this place. When you revisit us, you should therefore reread the data protection notice.