Privacy Policy

As of January 2024

Preamble

Data protection is a top priority for GEMÜ Gebr. Müller Apparatebau GmbH & Co. KG. The careful handling of your personal information is important to us. For this reason, your data will be treated confidentially by us in strict compliance with the applicable data protection regulations.

In the following, we explain to you which data we use on our website, at what time and for what purpose. Our aim is to help you understand how our website works and what means we use to ensure the protection of your personal data, which is important to us. We only use your personal data if we have your consent or legal permission.

If you have any questions about data protection, please feel free to contact us at any time, for example by e-mail at datenschutz@gemue.de or by telephone on +49 (0) 7940-9165-0.

Table of contents

1. Identity and contact details of the data controller
2. Contact details of the data protection officer
3. Purposes and general information on data processing
4. Rights of the data subject
5. Provision of website and creation of log files
6. Use of Cookies
7. Contact
8. Application via Email
9. Hosting
10. Amendment of the Privacy Policy

1. Identity and contact details of the data controller

The data controller responsible in accordance with the purposes of the General Data Protection Regulation (GDPR) of the European Union and other data protection regulations is:
GEMÜ Gebr. Müller Apparatebau GmbH & Co. KG – Schloßhotel Ingelfingen
Fritz-Müller-Str. 6–8
74653 Ingelfingen
Germany

2. Contact details of the data protection officer

The designated data protection officer of the data controller can be reached at: datenschutz@gemue.de.

3. Purposes and general information on data processing

A. Purposes on data processing

On our website, we process the data we need for the website to function, such as necessary cookies. We also use your data when you communicate with us for the purpose of contacting us.

B. General Information on data processing

1. Scope of processing personal data

In general, we only process the personal data of our users to the extent necessary to provide a functioning website with our content and services. The regular processing of personal data only takes place with the consent of the user. Exceptions include cases where prior consent cannot be technically obtained and where the processing of the data is permitted by law.

2. Legal basis for data processing

Where consent is appropriate for processing personal data, Art. 6 para. (1) sen. (1) lit. (a) GDPR serves as the legal basis to obtain the consent of the data subject for the processing of their data.

As for the processing of personal data required for the performance of a contract of which the data subject is party, Art. 6 para. (1) sen. (1) lit. (b) GDPR serves as the legal basis. This also applies to processing operations required to carry out pre-contractual activities.

When it is necessary to process personal data in order to fulfil a legal obligation to which our company is subject, Art. 6 para. (1) sen. (1) lit. (c) GDPR serves as the legal basis.

If vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. (1) sen. (1) lit. (d) GDPR serves as the legal basis.

If the processing of data is necessary to safeguard the legitimate interests of our company or that of a third party, and the fundamental rights and freedoms of the data subject do not outweigh the interest of the former, Art. 6 para. (1) sen. (1) lit. (f) GDPR will serve as the legal basis for the processing of data.

3. Data removal and storage duration

The personal data of the data subject will be erased or restricted as soon as the purpose of its storage has been accomplished. Additional storage may occur if this is provided for by the European or national legislator within the EU regulations, law, or other relevant regulations to which the data controller is subject. Restriction or erasure of the data also takes place when the storage period stipulated by the aforementioned standards expires, unless there is a need to prolong the storage of the data for the purpose of concluding or fulfilling the respective contract.

4. Rights of the data subject

When your personal data is processed, you are a data subject within the meaning of the GDPR and have the following rights towards the data controller:

1. Right to information

You may request the data controller to confirm whether your personal data is processed by them.

If such processing occurs, you can request the following information from the data controller:

· The purpose for which the personal data is processed;

1. • The categories of personal data being processed;
   • The recipients or categories of recipients to whom the personal data have been or will be disclosed;
   • The planned duration of the storage of your personal data or, if specific information is not available, criteria for determining the duration of storage;
   • The existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning you or to object to such processing;
   • The existence of the right to lodge a complaint with a supervisory authority;
   • Where personal data are not collected from you any available information as to their source;
   • The existence of automated decision-making including profiling under Article 22 para. (1) and Article 22 para. (4) GDPR and, in certain cases, meaningful information about the data processing system involved, and the scope and intended result of such processing on the data subject.

You have the right to request information on whether your personal data will be transmitted to a third country or an international organization. In this context, you can then request for the appropriate guarantees in accordance with Art. 46 GDPR in connection with the transfer.

2. Right to rectification

You have a right to rectification and/or completion of the data, if your processed personal data is incorrect or incomplete. The data controller must correct the data without delay.

3. Right to the restriction of processing

You may request the restriction of the processing of your personal data under the following conditions:

1. • If you challenge the accuracy of your personal data for a period that enables the data controller to verify the accuracy of your personal data;
   • The processing is unlawful, and you oppose the erasure of the personal data and instead request the restriction of their use instead;
   • The data controller or its representative no longer need the personal data for the purpose of processing, but you need it to assert, exercise or defend legal claims; or
   • If you have objected to the processing pursuant to Art. 21 para. (1) GDPR and it is not yet certain whether the legitimate interests of the data controller override your interests.

If the processing of personal data concerning you has been restricted, this data may – with the exception of data storage – only be used with your consent or for the purpose of asserting, exercising or defending legal claims or protecting the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.

If the processing has been restricted according to the aforementioned conditions, you will be informed by the data controller before the restriction is lifted.

4. Right to erasure

a) Obligation to erase

If you request from the data controller to delete your personal data without undue delay, they are required to do so immediately if one of the following applies:

1. • Personal data concerning you is no longer necessary for the purposes for which they were collected or otherwise processed.
   • You withdraw your consent on which the processing is based pursuant to Art. 6 para. (1) sen. (1) lit. (a) and Art. 9 para. (2) lit. (a) GDPR and where there is no other legal basis for processing the data.
   • According to Art. 21 para. (1) GDPR you object to the processing of the data and there are no longer overriding legitimate grounds for processing, or you object to the processing pursuant to Art. 21 para. (2) GDPR.
   • Your personal data has been processed unlawfully.
   • The personal data must be deleted to comply with a legal obligation in Union law or Member State law to which the data controller is subject.
   • Your personal data was collected in relation to information society services offered pursuant to Art. 8 para. (1) GDPR.

b) Information to third parties

If the data controller has made your personal data public and must delete the data pursuant to Art. 17 para. (1) GDPR, they shall take appropriate measures, including technical means, to inform data processors who process the personal data, that a request has been made to delete all links to such personal data or copies or replications of the personal data, taking into account available technology and implementation costs to execute the process.

c) Exceptions

The right to deletion does not exist if the processing is necessary

1. • to exercise the right to freedom of speech and information;
   • to fulfil a legal obligation required by the law of the Union or Member States to which the data controller is subject, or to perform a task of public interest or in the exercise of public authority delegated to the representative;
   • for reasons of public interest in the field of public health pursuant to Art. 9 para. (2) lit. (h) and Art. 9 para. (2) lit. (i) and Art. 9 para. (3) GDPR;
   • for archival purposes of public interest, scientific or historical research purposes or for statistical purposes pursuant to Art. 89 para. (1) GDPR, to the extent that the law referred to in subparagraph a) is likely to render impossible or seriously affect the achievement of the objectives of that processing, or
   • to enforce, exercise or defend legal claims.

5. Right to information

If you have asserted the right of rectification, erasure or restriction of processing over the data controller, they are obliged to notify all recipients to whom your personal data have been disclosed of the correction or erasure of the data or restriction of processing, unless this proves to be impossible or involves a disproportionate effort.

You reserve the right to be informed about the recipients of your data by the data controller.

6. Right to data portability

You have the right to receive your personal data given to the data controller in a structured, common, and machine-readable format. In addition, you have the right to transfer this data to another data controller without hindrance by the data controller who was initially given the data, if:

1. • the processing is based on consent in accordance with Art. 6 para. (1) sen. (1) lit. (a) GDPR or Art. 9 para. (2) lit. (a) GDPR or performance of a contract in accordance with Art. 6 para. (1) sen. (1) lit. (b) GDPR and
   • the processing is done by automated means.

In exercising this right, you also have the right to transmit your personal data directly from one data controller to another, insofar as this is technically feasible. Freedoms and rights of other persons shall not be affected.

The right to data portability does not apply to the processing of personal data necessary for the performance of a task in the public interest or in the exercise of official authority delegated to the data controller.

7. Right to object

For reasons that arise from your particular situation, you have, at any time, the right to object to the processing of your personal data pursuant to Art. 6 para. (1) sen. (1) lit. (e) or 6 para. (1) sen. (1) lit. (f) GDPR; this also applies to profiling based on these provisions.

The data controller will no longer process the personal data concerning you unless he can demonstrate compelling legitimate grounds for processing that outweigh your interests, rights and freedoms, or the processing is for the purpose of enforcing, exercising or defending legal claims.

If the personal data relating to you are processed for direct marketing purposes, you have the right to object at any time to the processing of your personal data in regard to such advertising; this also applies to profiling associated with direct marketing.

If you object to processing for direct marketing purposes, your personal data will no longer be processed for these purposes.

Regardless of Directive 2002/58/EG, you have the option, in the context of the use of information society services, to exercise your right to object to automated decisions that use technical specifications.

8. Right to withdraw the data protection consent declaration

You have the right to withdraw your consent at any time. The withdrawal of consent does not affect the legality of the processing carried out on the basis of the consent until the withdrawal.

9. Automated decisions on a case-by-case basis, including profiling

You have the right to not be subject to a decision based solely on automated processing – including profiling – that will have a legal effect or substantially affect you in a similar manner. This does not apply if the decision:

(1) is required for the conclusion or execution of a contract between you and the data controller,

(2) is permitted by the Union or Member State legislation to which the data controller is subject, and where such legislation contains appropriate measures to safeguard your rights and freedoms and legitimate interests, or

(3) is based on your explicit consent.

However, these decisions must not be based on special categories of personal data under Art. 9 para. (1) GDPR, unless Art. 9 para. (2) lit. (a) or Art. 9 para. (2) lit. (b) GDPR applies and reasonable measures have been taken to protect your rights and freedoms as well as your legitimate interests.

With regard to the cases referred to in (1) and (3), the data controller shall take appropriate measures to uphold your rights and freedoms as well as your legitimate interests, including the right to obtain assistance from the data controller or his representative, to express your opinion on the matter, and to contest the decision.

10. Right to complain to a supervisory authority

Without prejudice to any other administrative or judicial remedy, you shall have the right to complain to a supervisory authority, in the Member State of your residence, or your place of work or place of alleged infringement, if you believe that the processing of the personal data concerning you violates the GDPR.

The supervisory authority to which the complaint has been submitted shall inform the complainant of the status and results of the complaint, including the possibility of a judicial remedy pursuant to Art. 78 GDPR.

5. Provision of website and creation of log files

1. Description and scope of data processing

Each time our website is accessed, our system automatically collects data and relevant information from the computer system of the calling device.

The following data is collected:

1. • Browser type and version used
   • The user’s operating system
   • The IP address of the user
   • Date and time of access
   • Referrer URL

1. • Hostname of the accessing computer

This data is stored in the log files of our system. This data is not stored together with other personal data of the user.

2. Purpose of data processing

The temporary storage of the IP address by the system is necessary for the delivery of the website to the computer of the user. For this purpose, the user’s IP address must be kept for the duration of the session.

The storage in logfiles is done to ensure the functionality of the website. The data is also used to optimize the website and to ensure the security of our IT systems. An analysis of the data for marketing purposes does not take place in this context.

For the aforementioned purposes, our legitimate interest lies in the processing of data in compliance with Art. 6 para. (1) sen. (1) lit. (f) GDPR.

3. Legal basis for data processing

The legal basis for the temporary storage of data and logfiles is Art. 6 para. (1) sen. (1) lit. (f) GDPR.

4. Duration of storage

The data will be deleted as soon as it is no longer necessary for the purpose of its collection. The session is complete when the collection of data for the provision of the website is accomplished.

If the data is stored in log files, this is the case after seven days at the latest. Storage beyond this is possible. In this case, the IP addresses of the users are deleted or alienated so that an assignment of the calling client is not possible.

5. Objection and removal

The collection of data for the provision of the website as well as the storage of data in log files are essential for the operation of the website. Therefore, the user may not object to the aforementioned processes.

VI. Use of Cookies

This website uses technically necessary cookies. Cookies are small text files used by websites to make the user experience more efficient.

The legal basis for the use of technically necessary cookies and related data processing is Section 25 para. (2) TTDSG (Federal Act on Regulation of Data Protection and Protection of Privacy in Telecommunications and Telemedia) in conjunction with. Art. 6 para. 1 sen. 1 lit. (f) GDPR. The processing serves to facilitate your use of our website and to be able to offer you our services as desired. Some functions of our website also do not work without the use of these cookies and could therefore not be offered. Our legitimate interest in processing the cookies results from the aforementioned purposes. The cookies are deleted after the session ends (e.g. logging out or closing the browser) or after the expiry of a specified duration.

VII. Contact

1. Description and scope of data processing

You can contact us by telephone, email, fax and via a contact form provided on our website. We will then record all the data necessary for processing your request and use it exclusively for this purpose. When using the contact form, the data entered in the input mask will be transmitted to us and stored.

The following data is stored at the time the message is sent:

1. • Email address
   • Last name
   • First name
   • IP address of the user’s device
   • Date and time of contact
   • Individual message

2. Purpose of data processing

The purpose of this processing is to answer or process your enquiries.

The additional personal data processed during the submission of the contact form serve to prevent misuse of the contact form and to ensure the security of our information technology systems.

3. Legal basis for data processing

The legal basis for the processing of data is our concurrent legitimate interest in processing your enquiry within the meaning of Art. 6 para. (1) sen. (1) lit. (f) GDPR. If the purpose of the contact is to conclude a contract, the additional legal basis for the processing is Art. 6 para. (1) sen. (1) lit. (b) GDPR.

4. Duration of storage

The data will be deleted as soon as it is no longer necessary to achieve the purpose for which it was collected. For the processing of your contact, this is the case when your request is finally processed.

The additional personal data collected during the submission process of the contact form will be deleted after a period of seven days at the latest.

5. Objection and removal

If the user contacts us by email, he or she can object to the storage of his or her personal data at any time. In such a case, the conversation cannot be continued.

The objection to the storage is possible by sending an informal message to us by email or by using the contact form.

In this case, all personal data stored while establishing contact will be deleted.

8. Application via Email

1. Scope of processing personal data

You can send us your application via email. We process your email address and the information you provide in the email.

1. • First name
   • Last name
   • Email address
   • Individual message

2. Purpose of data processing

The processing of personal data from the application email serves us solely to process your application.

3. Legal basis for data processing

The legal basis for the processing of the data is the initiation of the contractual relationship at the request of the data subject, Art. 6 para. (1) sen. (1) lit. (b) alt. 1 GDPR and § 26 para. (1) sen. (1) BDSG (Federal Act on Data Protection). To the extent that we continue to hold your data after a rejection, we base this retention on our legitimate interest in enabling a defence against potential legal claims asserted in the future.

4. Duration of storage

After completion of the application procedure, the data will be stored for up to six months. Your data will be deleted after six months at the latest. In the event of a legal obligation, the data will be stored within the framework of the applicable provisions.

5. Objection and removal

The applicant has the possibility to object to the processing of personal data at any time. In such a case, your application will no longer be considered.

Subsequent modification or revocation or deletion of the data is made possible by sending us an informal message by email.

All personal data stored during electronic job applications will be deleted in this case.

9. Hosting

The website is hosted on servers of a service provider commissioned by us.

Our service provider is: domainfactory GmbH, Oskar-Messter-Str. 33, 85737 Ismaning, Germany.

The servers automatically collect and store information in so-called server log files, which your browser automatically transmits when you visit the website. The stored information is:

1. • Browser type and version
   • Used operating system
   • Referrer URL
   • Hostname of the accessing computer
   • Time and date of the server request
   • IP address

This data will not be merged with other data sources. The data is collected on the basis of Art. 6 para. (1) sen. (1) lit. (f) GDPR. The website operator has a legitimate interest in the technically error-free presentation and optimization of his website – and server log files are therefore recorded.

The server of the website is geographically located in the European Union (EU) or the European Economic Area (EEA).

10. Amendment of the Privacy Policy

We reserve the right to make changes to this privacy policy at any time. The privacy policy will be updated regularly and any changes will be automatically posted on our website.

Plug-ins and Tools

Ninja Firewall

We have integrated Ninja Firewall on this website. The provider is NinTechNet Limited, Unit 1603, 16th Floor, The L. Plaza 367 – 375 Queen‘s Road Central Sheung Wan, Hong Kong (hereinafter referred to as “Ninja Firewall”).

Ninja Firewall protects our website against undesirable access or malicious cyber-attacks. For this purpose, Ninja Firewall collects IP address, request, referrer, and the time of page access. Ninja Firewall is installed locally on our servers and does not transmit any personal data to the provider of the tool or other third parties.

We have enabled IP anonymization for Ninja Firewall, so that the tool only collects the IP address in a shortened form.

The use of Ninja Firewall is based on Art. 6(1)(f) GDPR. The website operator has a legitimate interest in the most effective protection of his website against cyberattacks.