1    General Information


1.1    Objective and Responsibility


1. This Data Privacy Statement is to inform you about the nature, scope and purpose of the processing of personal data related to our online service https://portal.erc-additiv.com/ and the related websites, features and contents (hereinafter collectively referred to as ‘online service’ or ‘website’).
2. The online service is provided by ERC Additiv GmbH (Bäckerstraße 11-13, 21244 Buchholz) – hereinafter referred to as ‘provider’, ‘we’ or ‘us’ - who is also legally responsible under the data protection law.
3. Our online service is hosted by Mittwald CM Service GmbH & Co. KG (Königsberger Straße 4-6, D-32339 Espelkamp).
4. You can reach out to our Data Protection Officer under the E-Mail address office@erc-online.de.
5. The term ‘user’ encompasses all customers, interested people, employees and visitors of our online service.


1.2    Legal Bases


We collect and process personal data based on the following legal grounds:
a. Consent in accordance with Article 6 paragraph 1 (a) General Data Protection Regulation (GDPR). Consent meaning any freely given, specific, informed and unambiguous indication of agreement, which could be in the form of a statement or any other unambiguous confirmatory act, given by the data’s subject consenting to the processing of personal data relating to him or her.
b. Necessity for the performance of a contract or in order to take steps prior to entering into a contract according to Article 6 paragraph 1 (b) GDPR, meaning the data is required in order for us to fulfil our contractual obligations towards you or to prepare the conclusion of a contract with you.
c. Processing to fulfil a legal obligation in accordance with Article 6 paragraph 1 (c) GDPR, meaning that e.g. the processing of data is required by law or other provisions.
d. Processing in order to protect legitimate interests in accordance with Article 6 paragraph 1 (f) GDPR, meaning that the processing is necessary to protect legitimate interests pursued by us or by a third party, unless such interests are overridden by your interests or fundamental rights and freedoms which require the protection of personal data.


1.3    Data Subject Rights


You have the following rights with regards to the processing of your data through us:
a. The right to lodge a complaint with a supervisory authority in accordance with Article 13 paragraph 2 (d) GDPR and Article 14 paragraph 2 (e) GDPR.
b. Right of access in accordance with Article 15 GDPR
c. Right to rectification in accordance with Article 16 GDPR
d. Right to erasure („right to be forgotten“) in accordance with Article 17 GDPR
e. Right to restriction of processing in accordance with Article 18 GDPR
f. Right to data portability in accordance with Article 20 GDPR
g. Right to objection in accordance with Article 21 GDPR
Notice: Users may object to the processing of their personal data in accordance with legal allowances at any time with effect for the future. The objection may in particular be made against processing for the purposes of direct marketing.
Without prejudice to any other administrative or judicial remedy, you shall have the right to complain to a supervisory authority, in particular in the Member State of your place of residence, employment or the place of the alleged infringement, if you believe that the processing of your personal data violates the GDPR.


1.4    Data Erasure and Duration of Storage


The personal data of the data subject will be erased or blocked as soon as the purpose of the storage is inapplicable. Storage of data beyond that may occur if such storage is required by the European or national legislator in EU regulations, laws or other regulations to which the controller is subject. Blocking or erasure of data also takes place when a retention period mandated by the standards mentioned expires, unless the continued storage of data is required for the conclusion of a contract or the fulfilment of contractual obligations.


1.5    Security of Processing


1. We have implemented appropriate and state-of-the-art technical and organisational security measures (TOMs). Thus, the data that is processed by us is protected against accidental or intentional manipulation, loss, destruction and unauthorized access.
2. These security measures include in particular the encrypted transfer of data between your browser and our server.


1.6    Transfer of Data to Third Parties, Subcontractors and Third Party Providers


1. A transfer of personal data to third parties only occurs within the framework of legal requirements. We only disclose personal data of users to third parties, if this is required e.g. for billing purposes or other purposes, if the disclosure is necessary to ensure the fulfilment of contractual obligations towards the users.
2. If we engage subcontractors for our online service, we have made appropriate contractual arrangements as well as adequate technical and organizational measures with these companies.
3. If we use content, tools or other means from other companies (hereinafter collectively referred to as ‘third party providers’) whose registered offices are located in a third country, it is assumed that a transfer of data to the home countries of these third party providers occurs. The transfer of personal data to third countries takes place exclusively only, if an adequate level of data protection, the user’s consent or another legal permission is present.


2    Concrete Data Processing


2.1    Webshop - Use


1. If you want to order something in our webshop, you have to create a customer account, where your data will be saved for later purchases. If your request to open a customer account is rejected, we will delete the data you have entered as soon as we are no longer legally obliged to store it.
2. If we create a customer account, the data provided by you in the context of the inquiry will be stored revocably. You can have the account deleted at any time. To do this, please contact the person responsible for you. We will use the data you provide to process your order. For this purpose we pass on your address data, for example, to the shipping company commissioned with the delivery and the credit institute commissioned with the payment processing.
3. We also delete this data after completion of the contract and expiry of the tax and commercial storage obligations.
4. In order to prevent unauthorised access to your personal data, in particular financial data, the ordering process is encrypted using SSL technology.
5. The legal basis for the processing of your data is your consent by accepting our terms and conditions at the end of the ordering process. Our general terms and conditions are available at https://portal.erc-additiv.com/agb.


2.2    Collection of Information on the Use of the Online Service


1. When using our online-service, information may be transferred automatically from the browser of the user to us; this information includes the name of the accessed website, file, date and time of the access, amount of data transferred, notification about successful access, browser type and version, the user's operating system, referrer URL (the previously visited page), IP address and the requesting provider.
2. The processing of this information takes place based on legitimate interests in accordance with Article 6 paragraph 1 (f) GDPR (e.g. to optimize the online service) as well as to ensure the security of processing in accordance with Article 5 paragraph 1 (f) GDPR (e.g. for the defence and clarification purposes of cyberattacks)
3. This information will be automatically deleted 60 days after the termination of the connection, unless any other retention periods require otherwise.
4. The collection of the data and the storage of the data in log files is essential for the provision of the online service. Therefore users are not entitled to the options of erasure, objection or correction.


2.3    Contact Form and Contacting via E-Mail


1. When contacting us (via online form or e-mail), the data provided by the user will be processed exclusively for processing the inquiry and its handling.
2. Any other use of the data will only take place based on the given consent from the user.
3. The users' data will be stored in our Customer Relationship Management System (‘CRM System’) or a comparable software/database. The legal retention periods for business letters apply.


2.4    Links to other websites


1. While using some of our services (e.g. ‘ERC-Group’) you will be automatically redirected to the website https://www.erc-online.de.
2. Please note that this data protection declaration is not valid there. The privacy policy of the linked website may differ significantly from this one.


2.5    Google Analytics


1. We use Google Analytics, a web analytics service of Google Ireland Limited (Gordon House Barclays Dublin Ireland - hereinafter "Google"), on the basis of your consent for the analysis, optimization and economic operation of our online offer pursuant to Art. 6 para. 1 lit. a. GDPR. Google uses cookies and other technologies. The information generated by the service about the use of the online offer by the users is transmitted to a Google server in the USA and processed there.
2. Google acts on our behalf within the framework of order processing in accordance with Article 28 GDPR. We have concluded a data protection agreement with Google that contains the EU standard data protection clauses.
3. We use Google Analytics with IP anonymization enabled.
4. Google Analytics stores cookies in your web browser for a period of two years since your last visit. These cookies contain a randomly generated user ID that can be used to recognize you during future website visits. Users can prevent the storage of cookies by setting their browser software accordingly; users can also prevent the collection of data generated by the cookie and related to their use of the online offer to Google, as well as the processing of this data by Google, by downloading and installing the browser plugin available at the following link: https://tools.google.com/¬dlpage/gaoptout?hl=en.
5. The recorded data is stored together with the randomly generated user ID, which enables the evaluation of pseudonymous user profiles. This user-related data is automatically deleted after 26 months. Other data remains stored in aggregated form indefinitely.
6. For more information on data usage by Google, settings and revocation options, please visit Google's websites:
https://policies.google.com/technologies/partner-sites?hl=de ("Data use by Google when you use our partners' websites or apps").
https://policies.google.com/¬technologies/ads ("Data use for advertising purposes")
https://adssettings.google.com/¬authenticated ("Manage information Google uses to serve ads to you").


2.6    YouTube


1. We use YouTube for the integration of videos. The videos were embedded in the extended data protection mode.
2. YouTube's website uses cookies to collect information about the users of its website. YouTube uses them, among other things, to collect video statistics, to prevent fraud and to improve user-friendliness.
3. By using YouTube, a connection is established with the Google DoubleClick network. Starting the video could trigger further data processing. We have no influence on that.
4. For more information about privacy at YouTube, please see their privacy policy at: http://www.youtube.com/t/privacy_at_youtube


2.7    DoubleClick


1. Doubleclick by Google is a service of Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA ("Google").
2. Doubleclick by Google uses cookies to serve ads relevant to you. Your browser is assigned a pseudonymous identification number (ID) to check which ads have been displayed in your browser and which ads have been called. The cookies do not contain any personal information. The use of DoubleClick cookies only allows Google and its partner websites to serve ads based on previous visits to our or other websites on the Internet. The information generated by the cookies is transmitted by Google to a server in the USA for analysis and stored there. Under no circumstances will Google match your data with other data collected by Google.
3. Wwith your consent to the use of Youtube Doubleclick is automatically subsequently loaded. You consent to the processing of data about you by Google and the manner of data processing described above as well as the named purpose.
4. You may refuse the use of cookies by selecting the appropriate settings on your browser. You can also prevent Google from collecting the data generated by the cookies and relating to your use of the website and from processing this data by Google by downloading and installing the browser plug-in available under the following link under "Extension for DoubleClick deactivation".
5. For more information about DoubleClick by Google and privacy, please visit: https://policies.google.com/technologies/ads?hl=en


2.8    Google Tag Manager


1. Our online service uses the Google Tag Manager. This tool allows website tags to be managed through an interface. The Google Tool Manager only implements tags, does not set cookies and does not collect any personal data. The Google Tag Manager triggers other tags that may collect personal information. However, the Google Tag Manager does not access this data.
2. If deactivated at domain or cookie level, it will remain valid for all tracking tags implemented with Google Tag Manager.

2.9    Consent management by Usercentrics


1. We use the Usercentrics Consent Management Platform as a consent management tool as part of the Analytics activities on our website. The Usercentrics Consent Management Platform collects log file and consent data using JavaScript. This JavaScript enables us to inform users about their consent to certain tags on our website and to obtain, manage and document this consent.
2. We process the following data in the process:
• Consent data or data of consent (anonymized log data (Consent ID, Processor ID, Controller ID), Consent Status, Timestamp).
• Device data (e.g. shortened IP addresses (IP v4, IP v6), device information, timestamp)
• User data (e.g. eMail, ID, browser information, SettingIDs, Changelog)
The ConsentID (contains the above data), the Consent status incl. timestamp are stored in the local memory of your browser and simultaneously on the cloud servers used. Further processing will only take place if you submit a request for information or revoke your consent. In this case, the relevant information is provided to us in a compact data format in an easily readable text form for the purpose of data exchange (JSON file).
3. No user information is stored for the statistics of the use of the granted or not granted consent. Only the frequency and locations of clicks are stored.
4. The personal data is stored on a Google Cloud server located in the EU (Brussels, Frankfurt am Main).
5. The purpose of the data processing is the analysis and management of the consents granted, in order to comply with our obligation of a GDPR-compliant consent management. The use of Usercentrics serves the purpose of proving granted and non-granted consents as well as their management.
6. The legal basis for the management of your consents for the processing of your personal data is Art. 6 para. 1 lit. f GDPR. Our legitimate interest lies in the legally secure documentation and verifiability of consents, the control of marketing measures on the basis of the consent granted as well as the optimization of consent rates.
7. The data is deleted as soon as it is no longer required. The associated cookie has a term of 60 days. The revocation document of a previously granted consent is kept for a period of three years. The retention is based on the one hand on our accountability pursuant to Art. 5 para. (2) GDPR.


3    Cookie Policy


3.1    General Information


1. Cookies are information transmitted by our web server or third-party web servers to the users' web browsers where they are stored for later retrieval. Cookies can be in the form of small files or any other types of information storage.
2. In the case that users do not want that cookies are stored on their computer, they will be asked to disable the corresponding option in their browser's system settings. Saved cookies may be deleted in the system settings of the browser. The exclusion of cookies can lead to functional impairments of this online service.


3.2    Objection Options


You may object to the use of cookies that are used for measuring the range of coverage and promotional purposes via
a. deactivation page of the Network Advertising Initiative: http://optout.networkadvertising.org/
b. the US-American website: http://www.aboutads.info/choices
c. the European website http://www.youronlinechoices.com/uk/your-ad-choices/

 

4    Changes to the Data Privacy Policy

1. We reserve the right to change this Data Privacy Policy with regards to the data processing, in order to adapt it to changed legal situations, to changes of the online service or of the data processing.
2. If users' consents are required or if elements of the Data Privacy Policy contain provisions in regards to the contractual relationship with the users, the changes will only be made with the consent of the users.
3. Users are requested to keep themselves informed about the content of this Data Privacy Policy on a regular basis.

 

Version: 02.02.2021