Privacy Policy
A Name and address of the controller
The controller within the meaning of the General Data Protection Regulation and other national data protection laws of the Member States, as well as other data protection regulations, is:
Westhaus Energietechnik GmbH
Gf. Gabriele Schubert
Hermann-Mende-Straße 5-7
01099 Dresden
Phone: +49 351 20920 100
E-mail: info@wh.de
B Name and address of the Data Protection Representative
The controller’s external Data Protection Representative is:
Johanna Thoelke
DAPROSEC GbR
Tieckstraße 17
D-01099 Dresden
E-mail: info@daprosec.de
Telephone: (0351) − 31 905 088
C SSL encryption
To protect your sent data in the best possible manner, the website operators use SSL encryption. You can recognise such encrypted connections by the “https://” prefix in the website link in the address bar of your browser. Unencrypted websites are identified by “http://”. All data, which you send to this website - such as for enquiries or logins - cannot be read by third parties due to SSL encryption.
D General information about data processing
1. Scope of processing personal data
As a general rule, we only process our users’ personal data, if it is necessary for providing a functional website, as well as our contents and services. The processing of our users’ personal data usually only occurs after the user provides consent. An exception applies in such cases where it is not possible to obtain prior consent for actual reasons and the processing of the data is permitted on the basis of statutory provisions.
2. Legal basis for processing personal data
If we obtain consent from the data subject for processing personal data, Art. 6 Subsection 1 Letter a of the EU General Data Protection Regulation (GDPR) serves as the legal basis. For processing personal data, which is required for the fulfilment of a contract, to which the data subject is a contracting party, Art. 6 Subsection 1 Letter b GDPR serves as a legal basis. This also applies to processing activities, which are required to perform pre-contractual measures. If processing of personal data is necessary for fulfilling a legal obligation, which our company is governed by, Art. 6 Subsection 1 Letter c GDPR serves as a legal basis. In the event that vital interests
of the data subject or another natural person require the processing of personal data, Art. 6 Subsection 1 Letter d GDPR serves as the legal foundation. If the processing is required to preserve a legitimate interest of our company or a third party and if the interests, constitutional rights and fundamental freedoms of the data subject do not outweigh the aforementioned interest, Art. 6 Subsection 1 Letter f GDPR serves as the legal basis for processing.
3. Data deletion and storage duration
The personal data of the data subjects are deleted or blocked, as soon as the purpose of the storage ceases to apply. Furthermore, storage may occur, if this has been prescribed by the European or national legislator in Union law ordinances, laws or other regulations, by which the controller is governed. Blocking or deletion of the data also occurs, if a storage period, which is prescribed by the standards referred to, expires, unless a necessity exists for continued storage of the data for the
conclusion of a contract or contract fulfilment.
E Provision of the website and creation of logfiles
1. Description and scope of data processing
Each time our website is accessed, our system collects data and information automatically from the computer system and the accessing processor. This includes information about the browser type and the version used, the user’s operating system, the user’s Internet service provider, the user’s IP address, date and time of the access, websites, from which the user’s system reaches our website, websites, which are accessed by the user’s system via our website. These data are stored in the logfiles of our system. The IP addresses of the user or other data, which enable the allocation of the data to a user, are not affected by this. Storage of these data does not occur together with the user’s other personal data.
2. Legal basis for storage
The legal basis for the temporary storage of the data provided is Art. 6 Subsection 1 Letter f GDPR.
3. Purpose of data processing
The temporary storage of the IP address by the system is necessary, in order to enable delivery of the website to the user’s computer. For this, the user’s IP address must remain stored for the duration of the session. Our legitimate interest in data processing also lies in this, on the basis of Art. 6 Subsection 1 Letter f GDPR.
4. Duration of storage
The data are deleted, as soon as they are no longer required for the purpose of their collection. In the case of collecting the data for the provision of the website, this is the case if the respective session is terminated.
5. Deletion opportunity
The collection of data for providing the website and storage of the data in logfiles is absolutely necessary for operating the website. Consequently, no option exists for the user to object.
F Technically necessary cookies
1. Description and scope of data processing
Our website uses technically necessary cookies. Cookies are text files, which are stored in the Internet browser/by the Internet browser on the user’s computer system. If the user accesses a website, a cookie may be stored on the user’s operating system. This cookie contains a characteristic sequence of characters, which enable the unequivocal identification of the browser when the website is accessed again. We use cookies to make the design of our website more user friendly. Several elements of your website require that the accessing browser can also be identified after changing websites. The user data collected by technically necessary cookies are not only used for creating user profiles.
2. Legal basis for data processing
The legal basis of the processing of personal data using cookies is Art. 6 Subsection 1 Letter f GDPR.
3. Purpose of data processing
The purpose of using technically necessary cookies is to simplify the use of websites for the users. Several functions of our website cannot be offered without the use of cookies. For this, it is necessary that the browser is also recognised after a change of website. Our legitimate interest in the processing of personal data also lies in this, on the basis of Art. 6 Subsection 1 Letter f GDPR.
4. Duration of storage, objection/deletion opportunity
As the cookies are stored on the user’s computer, only he or she can deactivate or restrict the transfer of cookies by changing the settings in the Internet browser. Cookies that have already been stored may be deleted at any time. This may also take place automatically. If cookies are deactivated for our website, it is possible that not all functions of the website can be fully utilised.
5. Mautic analysis cookies
This website uses Mautic, an open source software for the statistical analysis of visitor access. Mautic uses so-called "cookies", text files that are stored on your computer and that allow an analysis of the use of the website by you. The IP address is anonymized immediately after processing and prior to its storage. The information generated by the cookie about your use of this website is stored exclusively on our own servers in Germany.
A disclosure to third parties does not occur.
The storage of Mautic cookies and the use of this analysis tool are based on Art. 6 para. 1 lit. f DSGVO. The website operator has a legitimate interest in the anonymized analysis of user behavior in order to optimize both its website and its advertising.Your data will be deleted after 30 days at the latest. If you disagree with the storage and use of your data, you can deactivate the storage and use by rejecting the cookie banner. We use the statistical data to analyze the attractiveness and user-friendliness of our website and to constantly improve it.
6. {COOKIEBOT DECLARATION}
G E-mail contact
1. Description and scope of data processing
An e-mail address is provided on our website, which you can use to make contact with us. In this case, the user’s personal data, which is sent by e-mail, will be stored. In this context, no disclosure of data takes place to third parties. The data are exclusively used for processing the conversation.
2. Legal basis for data processing
The legal basis for processing the data, which are sent during the course of sending an e-mail, is Art. 6 Subsection 1 Letter f GDPR. If the e-mail contact is aimed at the conclusion of a contract, the additional legal basis for the processing is Art. 6 Subsection 1Letter b GDPR.
3. Purpose of data processing
The processing of the personal data from the e-mail exclusively has the purpose for us of handling the contact establishment. This is where our legitimate interest in processing the data lies.
4. Duration of storage
The data are deleted, as soon as they are no longer required for the purpose of their collection, i.e. the respective conversation with the user is terminated. The conversation is terminated once the circumstances suggest that the subject matter concerned is conclusively clarified.
5. Deletion opportunity
At any time, the user has the opportunity to object to the storage of his or her personal data. To exercise this objection, please send an e-mail to the following e-mail address info@wh.de. All personal data, which have been stored during the course of making contact, are deleted in this case. In such a case, the conversation cannot be continued.
H Google Maps
1. Scope of data processing
This website uses Google Maps API, in order to visually display geographical information. When using Google Maps, data of website visitors are also collected, processed and used by Google through the use of the Maps function. You can find more detailed information about data processing by Google in the Google privacy policy.
2. Legal basis
The legal basis is Art. 6 Subsection 1 Sentence 1 f GDPR.
3. Purpose
The purpose and our legitimate interest lie in describing the directions to you in the best possible manner.
4. Duration of storage and deletion opportunity.
Detailed instructions about the administration of own data in relation to Google products can be found here. You can also change the personal privacy settings in the privacy centre.
I Rights of the data subjects
If your personal data are processed, you are a data subject within the meaning of GDPR and you are entitled to the following rights vis-à-vis the controller:
1. Right to information
You may request a confirmation from the controller about whether personal data relating to you are processed by us. If such processing exists, you may request the disclosure about following information from the controller:
(1) the purposes for which the personal data are being processed;
(2) the categories of personal data, which are processed;
(3) the recipient/the categories of recipients, to whom your personal data have been or may yet be disclosed;
(4) the planned duration of storage of your personal data or, if concrete details are not possible about this, criteria for the specification of the storage duration;
(5) the existence of a right to correction or deletion of your personal data, a right to restriction of processing by the controller or right to object against this processing;
(6) the existence of a right to object to a supervisory authority;
(7) all available information about the origin of the data, if the personal data are not collected from the data subject;
(8) the existence of automated decision-making, including profiling in accordance with Art. 22 Subsection 1 and 4 GDPR and - at least in these cases - significant information about the logic involved, as well as the scope and intended implications of such processing for the data subject. You are entitled to the right to request information about whether your personal data are sent to a third country or to an international organisation. In this context, you may request to be notified about appropriate guarantees in accordance with Art. 46 GDPR, in relation to the transmission.
2. Right to correction
You have a right to correction and/or supplementation vis-à-vis the controller, if your processed personal data are inaccurate or incomplete. The controller shall make the correction at once.
3. Right to restriction of processing
Under the following preconditions, you may request the restriction of processing of your personal data:
(1) if you dispute the accuracy of your personal data for a period of time, which enables the controller to check the accuracy of the personal data;
(2) the processing is unlawful and you reject the deletion of the personal data and instead, request the restriction of use of the personal data.
(3) we no longer require the personal data for the processing purposes, however, you require them to assert, exercise or defend legal claims, or
(4) if you have filed an objection to the processing in accordance with Art. 21 Subsection 1 GDPR and it is not yet established, whether the controller’s legitimate reasons outweigh your reasons. If the processing of your personal data has been restricted - apart from their storage - these data may only be processed with your consent or for the assertion, exercising or defence of legal claims, or to protect the rights of other natural persons or legal entities or for reasons of an important public interest of the Union or a Member State. If the restriction of processing has been restricted according to the aforementioned preconditions, you will be notified by the controller before the restriction is repealed.
4. Right to deletion
a) Deletion duty
You may request from the controller that your personal data are deleted at once, and the controller undertakes to delete these data at once, if one of the following reasons applies:
(1) Your personal data are no longer necessary for the purposes for which they were collected or otherwise processed.
(2) You revoke your consent to the processing in accordance with Art. 6 Subsection 1 Letter a or Art. 9 Subsection 2 Letter a GDPR and another legal basis is lacking for the processing.
(3) You file an objection to the processing in accordance with Art. 21 Subsection 1 GDPR and no overriding legitimate grounds exist for processing, or you file an objection to the processing in accordance with Art. 21 Subsection 2 GDPR.
(4) The personal data relating to you have been processed unlawfully.
(5) The deletion of your personal data is required to fulfil a legal obligation under Union law or the law of the Member States, by which the controller is governed.
(6) Your personal data have been collected in relation to offered services of the information society, in accordance with Art. 8 Subsection 1 GDPR.
b) Information to third parties
If the controller has disclosed your personal data and is obligated to delete it in accordance with Art. 17 Subsection 1 GDPR, in consideration of the available technology and implementation costs, the controller shall take appropriate measures, also of a technical nature, to inform those who are responsible for processing personal data that you, as the data subject, have requested the deletion of all links to these personal data or have requested copies or replications of these personal data.
c) Exceptions
The right to deletion shall not exist, if the processing is necessary
(1) for exercising the right to free expression of opinion and information;
(2) for fulfilling a legal obligation, which is governed by processing in accordance with the law of the Union or the Member States, or to administer a duty, which lies in the public interest or in exercising public authority, which has been transferred to the controller;
(3) for reasons of public interest in the area of public health in accordance with Art. 9 Subsection 2 Letters h and i, as well as Art. 9 Subsection 3 GDPR;
(4) for archiving, scientific or statistical purposes in the public interest, in accordance with Art. 89 Subsection 1 GDPR, if the right referred to under Section a) is expected to make the realisation of the goals of this processing impossible or seriously impair them, or
(5) for the assertion, exercising or defence of legal claims.
5. Right to notification
If you have exercised the right to correction, deletion or restriction of processing vis-à-vis the controller, it shall undertake to notify all recipients, to whom your personal data have been disclosed about this correction or deletion of the data or restriction of processing, unless this turns out to be impossible or is associated with disproportionate time and effort. You are entitled to the right vis-à-vis the controller to be notified about these recipients.
6. Right to data transferability
You have the right to receive your personal data, which you have provided to the controller, in a structured, commonly-used and machine-readable format. Furthermore, you have the right to send these data to another controller without obstruction by the controller, to whom the personal data were provided, if
(1) the processing is based on a consent in accordance with Art. 6 Subsection 1 Letter a GDPR or Art. 9 Subsection 2 Letter a GDPR or on a contract in accordance with Art. 6 Subsection 1 Letter b GDPR.
(2) the processing occurs using automated procedures.
In exercising this right, you also have the right to arrange for your personal data to be sent directly by a controller to another controller, if this is technically feasible. Freedoms and rights of other persons must not be impaired by this. The right to data transferability does not apply to processing personal data, which are required for administering a duty, which is in the public interest or occurs in exercising public authority, which has been transferred to the controller.
7. Right to object
For reasons, which arise from your specific situation, you have the right to file an objection to the processing of your personal data, on the basis of Art. 6 Subsection 1 letter e or f GDPR; this also applies to profiling based on this provision. The controller will no longer process your personal data, unless it can provide evidence of mandatory protectable reasons for the processing, which outweigh your interests, rights and freedoms, or are for the purpose of processing the assertion, exercising or defence of legal claims. If your personal data are processed in order to perform direct marketing, you have the right to object to the processing of your personal data for the purpose of such marketing; this also applies to profiling, insofar as it is related to such direct marketing. If you object to processing for the purpose of direct marketing, we will no longer process your personal data for these purposes. You have the opportunity to exercise your right to object using an automated procedure, for which technical specifications are used, in relation to the use of information society services - without prejudice to Regulation 2002/58/EC.
8. Right to revocation of the data protection law declaration of consent
You have the right to revoke your data protection law declaration of consent at any time. With the revocation of your consent, the lawfulness of the processing that has occurred on the basis of the consent until the revocation shall not be affected.
9. Automated decision on a case-by-case basis, including profiling
You have the right to be subjected to a decision, which is not exclusively based on automated processing - including profiling - which develops legal effect with respect to you or significantly impairs you in a similar manner. This does not apply, if the decision
(1) for the conclusion or fulfilment of a contract between you and the controller is required,
(2) is admissible on the basis of legal provisions of the Union or the Member States, which the controller is governed by and these legal provisions contain appropriate measures for preserving your rights and freedoms, as well as your legitimate interests or
(3) occurs with your express consent.
However, these decisions may not be based on specific categories of personal data in accordance with Art. 9 Subsection 1 GDPR, unless Art. 9 Subsection 2 Letter a or g GDPR applies and appropriate measures have been taken to protect the rights and freedoms, as well as your legitimate interests. With regard to the cases referred to in (1) and (3), the controller shall take appropriate measures for preserving the rights and freedoms, as well as your legitimate interests, which at least includes the right to influence a person to intervene on behalf of the controller, to present one’s own perspective and to contest the decision.
10. Right to complain to a supervisory authority
Without prejudice to other administrative law or judicial legal remedies, your are entitled to a right to complain to a supervisory authority, particularly in a Member State of your place of residence, your place of work or the location of the suspected infringement, if you are of the opinion that the processing of your personal data infringes the GDPR. The supervisory authority, to which the complaint has been submitted, shall notify the complainant about the status and results of the complaint, including the possibility of legal remedy in accordance with Art. 78 GDPR.
The controller within the meaning of the General Data Protection Regulation and other national data protection laws of the Member States, as well as other data protection regulations, is:
Westhaus Energietechnik GmbH
Gf. Gabriele Schubert
Hermann-Mende-Straße 5-7
01099 Dresden
Phone: +49 351 20920 100
E-mail: info@wh.de
B Name and address of the Data Protection Representative
The controller’s external Data Protection Representative is:
Johanna Thoelke
DAPROSEC GbR
Tieckstraße 17
D-01099 Dresden
E-mail: info@daprosec.de
Telephone: (0351) − 31 905 088
C SSL encryption
To protect your sent data in the best possible manner, the website operators use SSL encryption. You can recognise such encrypted connections by the “https://” prefix in the website link in the address bar of your browser. Unencrypted websites are identified by “http://”. All data, which you send to this website - such as for enquiries or logins - cannot be read by third parties due to SSL encryption.
D General information about data processing
1. Scope of processing personal data
As a general rule, we only process our users’ personal data, if it is necessary for providing a functional website, as well as our contents and services. The processing of our users’ personal data usually only occurs after the user provides consent. An exception applies in such cases where it is not possible to obtain prior consent for actual reasons and the processing of the data is permitted on the basis of statutory provisions.
2. Legal basis for processing personal data
If we obtain consent from the data subject for processing personal data, Art. 6 Subsection 1 Letter a of the EU General Data Protection Regulation (GDPR) serves as the legal basis. For processing personal data, which is required for the fulfilment of a contract, to which the data subject is a contracting party, Art. 6 Subsection 1 Letter b GDPR serves as a legal basis. This also applies to processing activities, which are required to perform pre-contractual measures. If processing of personal data is necessary for fulfilling a legal obligation, which our company is governed by, Art. 6 Subsection 1 Letter c GDPR serves as a legal basis. In the event that vital interests
of the data subject or another natural person require the processing of personal data, Art. 6 Subsection 1 Letter d GDPR serves as the legal foundation. If the processing is required to preserve a legitimate interest of our company or a third party and if the interests, constitutional rights and fundamental freedoms of the data subject do not outweigh the aforementioned interest, Art. 6 Subsection 1 Letter f GDPR serves as the legal basis for processing.
3. Data deletion and storage duration
The personal data of the data subjects are deleted or blocked, as soon as the purpose of the storage ceases to apply. Furthermore, storage may occur, if this has been prescribed by the European or national legislator in Union law ordinances, laws or other regulations, by which the controller is governed. Blocking or deletion of the data also occurs, if a storage period, which is prescribed by the standards referred to, expires, unless a necessity exists for continued storage of the data for the
conclusion of a contract or contract fulfilment.
E Provision of the website and creation of logfiles
1. Description and scope of data processing
Each time our website is accessed, our system collects data and information automatically from the computer system and the accessing processor. This includes information about the browser type and the version used, the user’s operating system, the user’s Internet service provider, the user’s IP address, date and time of the access, websites, from which the user’s system reaches our website, websites, which are accessed by the user’s system via our website. These data are stored in the logfiles of our system. The IP addresses of the user or other data, which enable the allocation of the data to a user, are not affected by this. Storage of these data does not occur together with the user’s other personal data.
2. Legal basis for storage
The legal basis for the temporary storage of the data provided is Art. 6 Subsection 1 Letter f GDPR.
3. Purpose of data processing
The temporary storage of the IP address by the system is necessary, in order to enable delivery of the website to the user’s computer. For this, the user’s IP address must remain stored for the duration of the session. Our legitimate interest in data processing also lies in this, on the basis of Art. 6 Subsection 1 Letter f GDPR.
4. Duration of storage
The data are deleted, as soon as they are no longer required for the purpose of their collection. In the case of collecting the data for the provision of the website, this is the case if the respective session is terminated.
5. Deletion opportunity
The collection of data for providing the website and storage of the data in logfiles is absolutely necessary for operating the website. Consequently, no option exists for the user to object.
F Technically necessary cookies
1. Description and scope of data processing
Our website uses technically necessary cookies. Cookies are text files, which are stored in the Internet browser/by the Internet browser on the user’s computer system. If the user accesses a website, a cookie may be stored on the user’s operating system. This cookie contains a characteristic sequence of characters, which enable the unequivocal identification of the browser when the website is accessed again. We use cookies to make the design of our website more user friendly. Several elements of your website require that the accessing browser can also be identified after changing websites. The user data collected by technically necessary cookies are not only used for creating user profiles.
2. Legal basis for data processing
The legal basis of the processing of personal data using cookies is Art. 6 Subsection 1 Letter f GDPR.
3. Purpose of data processing
The purpose of using technically necessary cookies is to simplify the use of websites for the users. Several functions of our website cannot be offered without the use of cookies. For this, it is necessary that the browser is also recognised after a change of website. Our legitimate interest in the processing of personal data also lies in this, on the basis of Art. 6 Subsection 1 Letter f GDPR.
4. Duration of storage, objection/deletion opportunity
As the cookies are stored on the user’s computer, only he or she can deactivate or restrict the transfer of cookies by changing the settings in the Internet browser. Cookies that have already been stored may be deleted at any time. This may also take place automatically. If cookies are deactivated for our website, it is possible that not all functions of the website can be fully utilised.
5. Mautic analysis cookies
This website uses Mautic, an open source software for the statistical analysis of visitor access. Mautic uses so-called "cookies", text files that are stored on your computer and that allow an analysis of the use of the website by you. The IP address is anonymized immediately after processing and prior to its storage. The information generated by the cookie about your use of this website is stored exclusively on our own servers in Germany.
A disclosure to third parties does not occur.
The storage of Mautic cookies and the use of this analysis tool are based on Art. 6 para. 1 lit. f DSGVO. The website operator has a legitimate interest in the anonymized analysis of user behavior in order to optimize both its website and its advertising.Your data will be deleted after 30 days at the latest. If you disagree with the storage and use of your data, you can deactivate the storage and use by rejecting the cookie banner. We use the statistical data to analyze the attractiveness and user-friendliness of our website and to constantly improve it.
6. {COOKIEBOT DECLARATION}
G E-mail contact
1. Description and scope of data processing
An e-mail address is provided on our website, which you can use to make contact with us. In this case, the user’s personal data, which is sent by e-mail, will be stored. In this context, no disclosure of data takes place to third parties. The data are exclusively used for processing the conversation.
2. Legal basis for data processing
The legal basis for processing the data, which are sent during the course of sending an e-mail, is Art. 6 Subsection 1 Letter f GDPR. If the e-mail contact is aimed at the conclusion of a contract, the additional legal basis for the processing is Art. 6 Subsection 1Letter b GDPR.
3. Purpose of data processing
The processing of the personal data from the e-mail exclusively has the purpose for us of handling the contact establishment. This is where our legitimate interest in processing the data lies.
4. Duration of storage
The data are deleted, as soon as they are no longer required for the purpose of their collection, i.e. the respective conversation with the user is terminated. The conversation is terminated once the circumstances suggest that the subject matter concerned is conclusively clarified.
5. Deletion opportunity
At any time, the user has the opportunity to object to the storage of his or her personal data. To exercise this objection, please send an e-mail to the following e-mail address info@wh.de. All personal data, which have been stored during the course of making contact, are deleted in this case. In such a case, the conversation cannot be continued.
H Google Maps
1. Scope of data processing
This website uses Google Maps API, in order to visually display geographical information. When using Google Maps, data of website visitors are also collected, processed and used by Google through the use of the Maps function. You can find more detailed information about data processing by Google in the Google privacy policy.
2. Legal basis
The legal basis is Art. 6 Subsection 1 Sentence 1 f GDPR.
3. Purpose
The purpose and our legitimate interest lie in describing the directions to you in the best possible manner.
4. Duration of storage and deletion opportunity.
Detailed instructions about the administration of own data in relation to Google products can be found here. You can also change the personal privacy settings in the privacy centre.
I Rights of the data subjects
If your personal data are processed, you are a data subject within the meaning of GDPR and you are entitled to the following rights vis-à-vis the controller:
1. Right to information
You may request a confirmation from the controller about whether personal data relating to you are processed by us. If such processing exists, you may request the disclosure about following information from the controller:
(1) the purposes for which the personal data are being processed;
(2) the categories of personal data, which are processed;
(3) the recipient/the categories of recipients, to whom your personal data have been or may yet be disclosed;
(4) the planned duration of storage of your personal data or, if concrete details are not possible about this, criteria for the specification of the storage duration;
(5) the existence of a right to correction or deletion of your personal data, a right to restriction of processing by the controller or right to object against this processing;
(6) the existence of a right to object to a supervisory authority;
(7) all available information about the origin of the data, if the personal data are not collected from the data subject;
(8) the existence of automated decision-making, including profiling in accordance with Art. 22 Subsection 1 and 4 GDPR and - at least in these cases - significant information about the logic involved, as well as the scope and intended implications of such processing for the data subject. You are entitled to the right to request information about whether your personal data are sent to a third country or to an international organisation. In this context, you may request to be notified about appropriate guarantees in accordance with Art. 46 GDPR, in relation to the transmission.
2. Right to correction
You have a right to correction and/or supplementation vis-à-vis the controller, if your processed personal data are inaccurate or incomplete. The controller shall make the correction at once.
3. Right to restriction of processing
Under the following preconditions, you may request the restriction of processing of your personal data:
(1) if you dispute the accuracy of your personal data for a period of time, which enables the controller to check the accuracy of the personal data;
(2) the processing is unlawful and you reject the deletion of the personal data and instead, request the restriction of use of the personal data.
(3) we no longer require the personal data for the processing purposes, however, you require them to assert, exercise or defend legal claims, or
(4) if you have filed an objection to the processing in accordance with Art. 21 Subsection 1 GDPR and it is not yet established, whether the controller’s legitimate reasons outweigh your reasons. If the processing of your personal data has been restricted - apart from their storage - these data may only be processed with your consent or for the assertion, exercising or defence of legal claims, or to protect the rights of other natural persons or legal entities or for reasons of an important public interest of the Union or a Member State. If the restriction of processing has been restricted according to the aforementioned preconditions, you will be notified by the controller before the restriction is repealed.
4. Right to deletion
a) Deletion duty
You may request from the controller that your personal data are deleted at once, and the controller undertakes to delete these data at once, if one of the following reasons applies:
(1) Your personal data are no longer necessary for the purposes for which they were collected or otherwise processed.
(2) You revoke your consent to the processing in accordance with Art. 6 Subsection 1 Letter a or Art. 9 Subsection 2 Letter a GDPR and another legal basis is lacking for the processing.
(3) You file an objection to the processing in accordance with Art. 21 Subsection 1 GDPR and no overriding legitimate grounds exist for processing, or you file an objection to the processing in accordance with Art. 21 Subsection 2 GDPR.
(4) The personal data relating to you have been processed unlawfully.
(5) The deletion of your personal data is required to fulfil a legal obligation under Union law or the law of the Member States, by which the controller is governed.
(6) Your personal data have been collected in relation to offered services of the information society, in accordance with Art. 8 Subsection 1 GDPR.
b) Information to third parties
If the controller has disclosed your personal data and is obligated to delete it in accordance with Art. 17 Subsection 1 GDPR, in consideration of the available technology and implementation costs, the controller shall take appropriate measures, also of a technical nature, to inform those who are responsible for processing personal data that you, as the data subject, have requested the deletion of all links to these personal data or have requested copies or replications of these personal data.
c) Exceptions
The right to deletion shall not exist, if the processing is necessary
(1) for exercising the right to free expression of opinion and information;
(2) for fulfilling a legal obligation, which is governed by processing in accordance with the law of the Union or the Member States, or to administer a duty, which lies in the public interest or in exercising public authority, which has been transferred to the controller;
(3) for reasons of public interest in the area of public health in accordance with Art. 9 Subsection 2 Letters h and i, as well as Art. 9 Subsection 3 GDPR;
(4) for archiving, scientific or statistical purposes in the public interest, in accordance with Art. 89 Subsection 1 GDPR, if the right referred to under Section a) is expected to make the realisation of the goals of this processing impossible or seriously impair them, or
(5) for the assertion, exercising or defence of legal claims.
5. Right to notification
If you have exercised the right to correction, deletion or restriction of processing vis-à-vis the controller, it shall undertake to notify all recipients, to whom your personal data have been disclosed about this correction or deletion of the data or restriction of processing, unless this turns out to be impossible or is associated with disproportionate time and effort. You are entitled to the right vis-à-vis the controller to be notified about these recipients.
6. Right to data transferability
You have the right to receive your personal data, which you have provided to the controller, in a structured, commonly-used and machine-readable format. Furthermore, you have the right to send these data to another controller without obstruction by the controller, to whom the personal data were provided, if
(1) the processing is based on a consent in accordance with Art. 6 Subsection 1 Letter a GDPR or Art. 9 Subsection 2 Letter a GDPR or on a contract in accordance with Art. 6 Subsection 1 Letter b GDPR.
(2) the processing occurs using automated procedures.
In exercising this right, you also have the right to arrange for your personal data to be sent directly by a controller to another controller, if this is technically feasible. Freedoms and rights of other persons must not be impaired by this. The right to data transferability does not apply to processing personal data, which are required for administering a duty, which is in the public interest or occurs in exercising public authority, which has been transferred to the controller.
7. Right to object
For reasons, which arise from your specific situation, you have the right to file an objection to the processing of your personal data, on the basis of Art. 6 Subsection 1 letter e or f GDPR; this also applies to profiling based on this provision. The controller will no longer process your personal data, unless it can provide evidence of mandatory protectable reasons for the processing, which outweigh your interests, rights and freedoms, or are for the purpose of processing the assertion, exercising or defence of legal claims. If your personal data are processed in order to perform direct marketing, you have the right to object to the processing of your personal data for the purpose of such marketing; this also applies to profiling, insofar as it is related to such direct marketing. If you object to processing for the purpose of direct marketing, we will no longer process your personal data for these purposes. You have the opportunity to exercise your right to object using an automated procedure, for which technical specifications are used, in relation to the use of information society services - without prejudice to Regulation 2002/58/EC.
8. Right to revocation of the data protection law declaration of consent
You have the right to revoke your data protection law declaration of consent at any time. With the revocation of your consent, the lawfulness of the processing that has occurred on the basis of the consent until the revocation shall not be affected.
9. Automated decision on a case-by-case basis, including profiling
You have the right to be subjected to a decision, which is not exclusively based on automated processing - including profiling - which develops legal effect with respect to you or significantly impairs you in a similar manner. This does not apply, if the decision
(1) for the conclusion or fulfilment of a contract between you and the controller is required,
(2) is admissible on the basis of legal provisions of the Union or the Member States, which the controller is governed by and these legal provisions contain appropriate measures for preserving your rights and freedoms, as well as your legitimate interests or
(3) occurs with your express consent.
However, these decisions may not be based on specific categories of personal data in accordance with Art. 9 Subsection 1 GDPR, unless Art. 9 Subsection 2 Letter a or g GDPR applies and appropriate measures have been taken to protect the rights and freedoms, as well as your legitimate interests. With regard to the cases referred to in (1) and (3), the controller shall take appropriate measures for preserving the rights and freedoms, as well as your legitimate interests, which at least includes the right to influence a person to intervene on behalf of the controller, to present one’s own perspective and to contest the decision.
10. Right to complain to a supervisory authority
Without prejudice to other administrative law or judicial legal remedies, your are entitled to a right to complain to a supervisory authority, particularly in a Member State of your place of residence, your place of work or the location of the suspected infringement, if you are of the opinion that the processing of your personal data infringes the GDPR. The supervisory authority, to which the complaint has been submitted, shall notify the complainant about the status and results of the complaint, including the possibility of legal remedy in accordance with Art. 78 GDPR.
Address & contact
Westhaus Energietechnik GmbH
Hermann-Mende-Straße 5-7
01099 Dresden
Phone: +49 351 20920 100
Fax: +49 351 20920 112