Privacy Notice

As the data controller we have prepared this privacy notice to inform you in accordance with the requirements of the EU General Data Protection Regulation 2016/679 (GDPR) about the nature, scope and purpose of the processing of personal data in relation to the services we offer on our web site.

I. Definitions

„Personal data“ means any information relating to an identified or identifiable natural person (‘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;

„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;

„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;

„Recipient“ means a natural or legal person, public authority, agency or another body, to which the personal data are 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 shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing;

II. General information

1. The data controller

Herrmann GmbH u. Co. KG
Liststraße 8
D-71336 Waiblingen
Phone: +49 (0)7151-9 89 28 – 0
Fax: +49 (0)7151-9 89 28 – 49
E-mail: info@herrmann-burners.de

2. Contact details of the data protection officer

OBSECOM GmbH
Königstr. 40
D-70173 Stuttgart
Phone: 0711 / 4605025-40
Fax: 0711 / 4605025-49
E-mail: privacy@obsecom.de
Web site: https://www.obsecom.eu

3. Legal bases

We process personal data based on at least one of the following legal bases:

The data subject has given consent to the processing of his or her personal data for one or more specific purposes (Art. 6 (1) lit. a GDPR);
Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract (Art. 6(1) lit. b GDPR);
Processing is necessary for compliance with a legal obligation to which we are subject (Art. 6(1) lit. c GDPR);
Processing is necessary in order to protect the vital interests of the data subject or of another natural person (Art. 6 (1) lit. d GDPR);
Processing is necessary for the purposes of the legitimate interests pursued by us or by a third party (Art. 6 (1) lit. f GDPR)

In this privacy policy we refer to the respective legal basis of the individual data processing operations.

4. Onward transfer of personal data

We forward personal data to recipients (data processors or other third parties) only to the extent required and only if one of the subsequent conditions are met:

The data subject has consented to the data transfer;
The onward transfer is required to fulfil a contractual obligation or pre-contractual measure on the request of the data subject;
We are obliged by law to make such a transfer;
The onward transfer is made on the basis of our legitimate interest or on those of a third party.

5. Third countries

The transfer of personal data to a third country or an international organisation outside the European Union (EU) or the European Economic Area (EEA) is subject to legal or contractual permission only in accordance with the provisions under Art. 44 et seq. GDPR. It means that pursuant to Art. 45 GDPR an adequacy decision of the EU commission must be present for the respective country, appropriate safeguards for data privacy under Art. 46 GDPR, or Binding Corporate Rules under Art. 47 GDPR do exist. In individual cases, a data transfer may be permitted on the basis of an exception under Art. 49 GDPR.

On our web site we may use external services provided by organisations based in the USA. If these services are active, personal data is collected in connection with the provision of the relevant service and may be transferred to and stored on servers in the USA. The European Court of Justice considers the USA to have an inadequate level of data protection. When data is transferred to the US, there is a fundamental risk that the US authorities may access and use the data for surveillance and monitoring purposes without notification and without the possibility of a legal remedy.

6. Rights of data subjects

As a data subject you have the following right:

Pursuant to Art. 15 GDPR to request information about your personal data processed by us. You may also request information regarding the purposes of the processing; the categories of personal data concerned; the recipients or categories of recipients to whom the personal data have been or will be disclosed; the envisaged period for which the personal data will be stored, or the criteria used to determine that period; where the personal data are not collected from you, the data source; the existence of automated decision-making, including profiling, and meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing; the existence of the right to request rectification or erasure of data concerning you, the right to restrict processing or to object to such processing, the right to lodge a complaint with a supervisory authority. Finally, you have a right to know whether personal data has been transferred to a third country or to an international organisation, and, if so, the appropriate safeguards relating to this transfer;
Pursuant to Art. 16 GDPR to demand the immediate rectification of inaccurate personal data and to have incomplete personal data that are stored by us to be completed;
Pursuant to Art. 17 GDPR to demand the erasure of your personal data stored by us, unless the processing is necessary for exercising the right of freedom of expression and information, for compliance with a legal obligation, for reasons of public interest, or for the establishment, exercise or defence of a legal claim;
Pursuant to Art. 18 GDPR to request the restriction of the processing of your personal data if the accuracy of the personal data is contested by you; the processing is unlawful but you oppose the erasure of the personal data and request the restriction of their use instead; we no longer need the personal data for the purposes of the processing, but they are required by you for the establishment, exercise or defence of legal claims; you have objected to processing pursuant to Art. 21(1) GDPR pending the verification whether our legitimate grounds override your interests;
Pursuant to Art. 20 GDPR to receive your personal data, which you have provided to us, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller;
Pursuant to Art. 21 GDPR to object to the processing of your personal data on grounds relating to your particular situation, or if you object to processing for direct marketing purposes and the legal basis for the processing are our legitimate interests pursuant to Art. 6 (1) lit. f GDPR;
Pursuant to Art. 7(3) GDPR to withdraw your consent given to us at any time. As a result, we are no longer allowed to continue to process the data that was based on this consent in the future;
Pursuant to Art. 77 GDPR to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement. A list of contact details of the data protection officers and supervisory authorities can be found on this web site: https://www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html

If you wish to assert the data subject rights mentioned above, you can contact us or our data protection officer at any time using the contact details above.

7. Erasure and restriction of personal data

Unless otherwise provided for in this privacy notice, personal data will be deleted, if these data are no longer necessary in relation to the purposes for which they were collected or otherwise processed and the deletion does not conflict with statutory retention requirements. In addition, we will erase the personal data processed by us in accordance with Art. 17 GDPR on your request, if the conditions provided therein are met. If personal data are required for other lawful purposes, they will not be erased, but their processing will be restricted in accordance with Art. 18 GDPR.

In case of restriction, the data will not be processed for other purposes. This applies, for example, to personal data that must be retained by us for commercial or tax law reasons. For example, data must be kept for 6 years pursuant to Section 257 (1) Nos. 2 and 3 German Commercial Code (HGB) and Section 147 (1) Nos. 2, 3, 5 German Tax Code (AO); data must be kept for 10 years pursuant to Section 257 (1) Nos. 1 and 4 HGB and Section 147 (1) No. 1, 4, 4a AO.

8. Cookies

Our web site uses cookies. Cookies are small text files that your browser automatically creates and stores on your device (laptop, tablet, smartphone, PC, etc.) when you visit our web site. Cookies do no harm to your device, nor do they contain any viruses or other malicious software. The cookie stores information which is created in relation to the specific device you are using. However, this does not mean that we become immediately aware of your identity. Cookies are mainly used to make the web site more user-friendly, effective and secure. We use the following cookies on our web site.

Necessary cookies:

Name:	aviaPrivacyEssentialCookiesEnabled
Purpose:	Stores settings that the visitor of the website has selected in the cookie box.
Expires:	1 year

Name:	aviaPrivacyRefuseCookiesHideBar
Purpose:	Stores settings that the visitor of the website has selected in the cookie box.
Expires:	1 year

Name:	aviaPrivacyMustOptInSetting
Purpose:	Stores settings that the visitor of the website has selected in the cookie box.
Expires:	1 year

Name:	aviaCookieConsent
Purpose:	Stores settings that the visitor of the website has selected in the cookie box.
Expires:	1 year

The data processed by necessary cookies are required for the above-mentioned purposes to safeguard our legitimate interests and those of third parties in the provision and operation of our website in accordance with Art. 6 (1) lit. f GDPR.

Most browsers accept cookies automatically. However, if you do not wish to accept cookies, you can configure your browser so that no cookies are stored on your device or a message is displayed before new cookies are created. A general objection to the use of cookies used for online marketing purposes can be made for a variety of services, such as explained at http://www.youronlinechoices.com/or the opt-out page of the Network Advertising Initiative http://optout.networkadvertising.org. However, disabling cookies may mean that you may not be able to use all the features of our web site.

III. Individual processing operations

1. Hosting

In order to make available our web site, we use services provided by hosting companies, such as: Provision of web servers, disk space, database services, and security or maintenance services. Here we, or our hosting providers, process personal data of the web site visitors on the basis of our legitimate interests in providing efficient and secure access to our web site in accordance with Art. 6 (1) lit. f GDPR.

2. Access data and log files

By visiting our web site or its individual pages, your device’s internet browsers automatically sends information to the server of our web site. This information is stored in so-called log files by us or our hosting provider and will be deleted after 14 days at the latest.

The following information is stored:

IP address of the requesting computer
Date and time of access
Name and URL of the requested file
Web site from which our site was accessed (Referrer-URL)
The browser used and your computer’s operating system
Status codes and the transferred amount of data
Name of your access providers

This data will be used for the following purposes:

The provision of our web site, including all of its features and contents
To ensure a smooth connection to our web site
To ensure a more user-friendly experience on our web site
To ensure system security and stability
For anonymised statistical evaluation of web site access
To optimise our web site
For disclosure to law enforcement authorities in the event of unlawful interference / attacks on our systems
For further administrative purposes

The legal basis for data processing is Art. 6 (1) lit. f GDPR. Our legitimate interest relates to the data collection purposes mentioned above. Under no circumstances will we use the personal data collected for the purpose of drawing conclusions about a person.

3. Contact form / other modes of contact

If you use the contact form, you will be asked to provide your name, telephone and your e-mail address and any other contact details, so that we can get in touch with you. Further information can be provided voluntarily. The data processing for the purpose of contacting us and answering your request takes place in accordance with Art. 6 (1) lit. a GDPR on the basis of your voluntary consent. All personal data collected in connection with the contact form will be deleted after your request has been processed, unless further storage is required for the documentation of other transactions (for example, subsequent conclusion of a contract).

If you contact us using the contact details published on our web site (for example, by e-mail) and in this context provide us with personal data, we will use this data to process your request on the basis of Art. 6 (1) lit. b GDPR, if your request is related to the performance of a contract or is required to perform pre-contractual action. In all other cases, processing is based on your consent in accordance with Art. 6 (1) lit. a GDPR and / or our legitimate interest in the effective processing of requests addressed to us pursuant to Art. 6 (1) lit. f GDPR. We will store your personal data until you ask us for deletion, revoke your consent to the storage, or the data are no longer necessary for the purpose for which they were collected (for example, after completion of your request). Mandatory statutory provisions – especially retention periods – remain thereof unaffected.

4. E-mail direct marketing to customers

If you are an existing customer and we have received your e-mail address in connection with the sale of goods or services, we may use your e-mail address for direct marketing purposes of our own similar goods or services. This only applies if you have not objected and we clearly and unequivocally have advised you of the possibility of objection at the time of collecting the e-mail address, and every time we use it. The legal basis of processing is our legitimate interest in direct marketing according to Art. 6 (1) lit. f GDPR.

5. Job applications

If you would like to apply for a job, you will be asked to provide your name, contact information and further application documents so that we can review your application and contact you. The data processing for the purpose of processing your application is carried out in accordance with Art. 6 (1) lit. a GDPR based on your voluntary consent. Taking into account the limitation periods of the General Equal Treatment Act (AGG), application documents will be kept for a period of 6 months after completion of the application process and then deleted, unless storage is required for the documentation of other operations (for example, subsequent recruitment).

IV. Google Services

Provider of the services below is Google Ireland Limited (Register No: 368047), Gordon House, Barrow Street, Dublin 4, Ireland (hereinafter „Google“).

The information collected by Google in connection with the provision of the respective services may be transferred to and processed by Google servers in the USA. Please also note our information on data transfer to third countries, see above.

For more information about how Google handles personal data, please refer to Google’s Privacy Policy: https://www.google.com/intl/de/policies/privacy/. For information on the use of data for advertising purposes by Google, settings and your right to object please refer to:

https://www.google.de/policies/privacy/partners/
https://www.google.de/policies/technologies/ads/
https://adssettings.google.com/
http://www.google.com/ads/preferences/

1. Google services for which your consent is required

The legal basis for the use of the following services is your voluntarily given consent according to Art. 6 (1) lit. a GDPR. The legal basis for data transfer to the USA is also your voluntarily given consent in accordance with Art. 49 (1) lit. a GDPR.

YouTube:

Our web site uses media content from the YouTube platform. Provider is Google Ireland Limited (Register No: 368047), Gordon House, Barrow Street, Dublin 4, Ireland (hereinafter “Google”).

The purpose is to display content of the YouTube platform that relates to the content of our web site. This service collects your IP address and any additional data Google may need to provide the YouTube content. The information gathered about your use of this web site is stored on a server in the USA. This information may also be transferred to third parties if required by law or if third parties process this data on behalf of us or Google. If you are logged in to your YouTube account while you are visiting our web site, Google can link your visit of our web site directly to your YouTube user account. If you do not want Google to be able to associate the data collected on our web site with your respective user account on YouTube, you must first log out of YouTube.

2. Other Google services

The legal basis for the use of the following services are our legitimate interests according to Art. 6 (1) lit. f GDPR. Our legitimate interests are listed below for each service individually.

Google Web Fonts:

This web site uses external typesets provided by Google, so-called web fonts. In order to do this, your browser loads the required web fonts into your browser cache when you visit the web site. If your browser does not support this feature, your computer will use a standard font to display the web site. This service collects your IP address, which of our web sites you have visited and, if necessary, other data required by Google for the provision of the web fonts. The generated information about your use of this web site is stored on servers in the USA. This information may also be transferred to third parties if required by law or if third parties process this data on behalf of us or Google.

Google Maps:

This web site uses Google Maps to display site maps, maps, terrain data, or geographic maps. This service collects your IP address, which of our web sites you have visited and, if necessary, other data required by Google for the provision of the maps (such as location data). The generated information is stored on servers in the USA. This information may also be transferred to third parties if required by law or if third parties process this data on behalf of us or Google. The Google Maps terms of service can be found at: https://www.google.com/intl/en_uk/help/terms_maps.html

reCAPTCHA:

This web site uses Google reCAPTCHA to ensure that the forms provided on our web site are used by an actual person and are not abused by bots or automated procedures. This service collects your IP address and any additional data required by Google for providing the reCAPTCHA service. The collected information about your use of this web site is stored on servers in the USA. This information may also be transferred to third parties if required by law or if third parties process this data on behalf of us or Google.

V. Media content

Our web site partially uses third party content loaded directly from servers of the content providers, as named below. The purpose of integrating this content is to make our web site more attractive. The legal basis for the use of the following services is your voluntarily given consent according to Art. 6 (1) lit. a GDPR. The legal basis for data transfer to the USA is also your voluntarily given consent in accordance with Art. 49 (1) lit. a GDPR.

1. Media content for which your consent is required

The legal basis for the use of the following media content is your voluntarily given consent according to Art. 6 (1) lit. a GDPR. The legal basis for data transfer to the USA is also your voluntarily given consent in accordance with Art. 49 (1) lit. a GDPR.

Vimeo:

Our web site uses media content published on the Vimeo platform. Provider is Vimeo, LLC 555 West lBth Street, New York, NY10077 USA (hereinafter “Vimeo”).

The purpose is to display video content that relates to the content of our web site. This service collects your IP address and any additional data Vimeo may need to provide the video content. The information gathered about your use of this web site is stored on servers in the USA. This information may also be transferred to third parties if required by law or if third parties process this data on behalf of us or Vimeo. If you are logged in to your Vimeo account while you are visiting our web site, Vimeo can link your visit of our web site directly to your Vimeo user account. If you do not want Vimeo to be able to associate the data collected on our web site with your respective user account on Vimeo, you must first log out of Vimeo.

For more information about how Google deals with your personal data, please refer to Google’s Privacy Policy: https://vimeo.com/privacy