last amended on 20.03.2019
Sect. 1 General Information
This privacy statement contains mandatory information as per Art. 13 of the GDPR and serves to provide you with an overview of how personal data on this website is processed.
The responsible party for the processing of personal data within the scope of this website is arcotest GmbH, represented by Fritz P. Bloss, Rotweg 25, 71297 Mönsheim, Germany, telephone: +49 (0) 7044– 902270, email@example.com
Possibility to object
Should you wish to object to the processing of your data by the operator in accordance with this privacy statement, either in its entirety or with respect to individual measures, this can be done using the contact data given in the legal notice. Please note that in the event of such objection, the use of the website and the retrieval of the services offered may, in some circumstances, be restricted or not possible at all.
Sect. 2 Purposes, legal bases and provision of your data
(1) Contract conclusion
We process your personal data (in particular your name, address, bank and payment details) in order to prepare, implement and process contracts with you.
The lawfulness of processing is based on point (b) of Art. 6 Para. 1 of the GDPR (performance of a contract or a pre-contractual measure).
Furthermore, the lawfulness of processing is based on point (f) of Art. 6 Para. 1 of the GDPR (legitimate interests). Our legitimate interests, for example, are based on electronic and more efficient data processing and the optimisation of the general work processes which occur when a contract is implemented.
You need to provide your personal data in order to conclude a contract with us. Failure to provide your data means that a contract cannot be created and implemented.
We store the data required for contract processing until the expiry of the statutory warranty and, where applicable, contractual guarantee periods. We retain the data required under commercial and taxation law for the legally specified periods, generally ten years (see Sect. 257 of the German Commercial Code, Sect. 147 AO). The data processed to implement pre-contractual measures are deleted as soon as these measures have been taken and it can be seen that the contract will not be concluded.
(2) Establishing contact with the responsible party
If you send us an enquiry prior to the conclusion of contract by e-mail, by means of a contact form etc., we will process the data received in this way in order to perform pre-contractual measures and will answer e.g. your questions about our products.
The lawfulness of this processing is based on point (b) of Article 6 Para. 1 of the GDPR whereby 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. Data must be provided to this end as otherwise a message cannot be sent to the operator.
The processed personal data is deleted upon expiry of the statutory retention obligations if the responsible party does not have a legitimate interest in its continued storage. In any case, only the data will continue to be saved which is absolutely necessary to achieve the relevant purpose. The personal data is anonymised as far as possible.
So-called cookies are used on the website. These are small data packages which normally comprise letters and numbers and which are saved on a browser when you visit certain websites. The cookies allow the website to recognise your browser again, to follow you when surfing through various departments of the website and to identify you when you return to the website. Cookies do not contain data which can identify you personally, however the information on you saved by the operator can be assigned to the data contained and saved in the cookies.
Both cookies which are technically necessary and ones which aren’t technically necessary are used on the website.
- Recognition of the user’s computer when visiting the website
- Tracing of the user’s surfing activities on the website
- Improvement of the website’s user-friendliness
- Evaluation of use of the website
- Operation of the website
- Prevention of fraud and improvement in website security
- Individual design of the website, taking account of the user’s requirements
Cookies do not cause any damage to the server. They do not contain viruses and do not enable the operator to spy on you. Two types of cookies are used:
- Temporary cookies (session cookies) are automatically deleted when you close your browser.
Persistent cookies, on the other hand, can have a lifetime of several days, months or years. Such cookies mean that you will be recognised again when you revisit the website.
Cookies enable the operator to understand your user behaviour for the purposes and within the scope outlined above. They furthermore facilitate optimised surfing on the operator’s website. The operator also collects this data in an anonymised format. The lawfulness of this processing is based on point (f) of Article 6 Para. 1 of the GDPR whereby processing is necessary for the purposes of the legitimate interests pursued by the responsible party or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. This operator’s legitimate interest is the optimised display of its website. Data must be provided in order to be able to call up the operator’s website without errors. If you do not accept cookies or delete cookies that have already been set, this can impair the functionality of the website.
Temporary cookies (session cookies) are automatically deleted when you close your browser. Persistent cookies, on the other hand, have a maximum lifetime of up to 20 days. Such cookies mean that you will be recognised again when you revisit the website.
In the case of technically necessary cookies the provision of your personal data is essential. If you prevent such cookies from being saved in your settings, this may compromise the functionality of the site.
The provision of personal data is voluntary when using cookies which are not technically necessary. Use of the site is not compromised if such data is not provided.
(4) Use of tracking tools
The operator uses the web analysis service Google Analytics. This service is operated by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. The service uses the cookies described above in order, for example, to record information on your operating system, your browser, your IP address, the previously visited website as well as the date and time of visiting the operator’s website. The information created by the cookies on the use of the website is transmitted to a Google server in the USA and saved there. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for the operator and to provide other services relating to website activity and internet usage. If this is prescribed by law or if third parties process this data on behalf of Google, Google shall also forward this information to these third parties. Use is anonymised or pseudonymised. More information on this is available directly from Google at http://www.google.com/intl/de/privacypolicy.html#information.
No directly personal data is saved when using Google Analytics, only the IP address. This information serves to recognise you automatically the next time you visit the website and help you with navigation.
The lawfulness of this processing is based on point (a) of Article 6 Para. 1 of the GDPR whereby processing is permitted if the data subject has given consent to the processing of his or her personal data for one or more specific purposes.
The personal data collected when using tracking tools is deleted should the responsible party not have a legitimate interest in its further storage. In any case, only the data will continue to be saved which is absolutely necessary to achieve the relevant purpose. The personal data is anonymised as far as possible.
(5) Use of Google Maps
The operator uses Google Maps to enable you to use the interactive maps to determine the route. The lawfulness of this processing is based on point (f) of Article 6 Para. 1 of the GDPR whereby processing is necessary for the purposes of the legitimate interests pursued by the responsible party or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. The use of data for providing maps for dealer searches represents a legitimate interest on the part of the operator as defined by point (f) of Article 6 Para. 1 of the GDPR. This facilitates access to the operator’s site of business.
The provision of data is neither prescribed by law nor is it necessary for concluding a contract. Non-provision of data results in you not being able to use the function.
(7) Use of Google Fonts
The Google service Fonts is integrated into the website. The purpose of this is to ensure the standardised display of fonts. When using Google Fonts on the website, personal data (in particular browser data, IP address and device information) are transmitted to Google and saved there.
The lawfulness of such processing is based on point (f) of Article 6 Para. 1 of the GDPR. The operator of the website has a legitimate interest in the standardised display of fonts in order to ensure the optimal design of the web presence.
The provision of personal data in this context is voluntary. It is, however, necessary to display the fonts uniformly. If you have deactivated the transmission of your personal data in the settings in the scope of Google Fonts, this may mean that the website is not displayed optimally.
The personal data collected when using Google Fonts is deleted as soon as the responsible party no longer has a legitimate interest in retaining it. In any case, only the data will continue to be saved which is absolutely necessary to achieve the relevant purpose. The personal data is anonymised as far as possible.
Sect. 3 Recipients of your personal data
Your personal data is forwarded by the responsible party to the relevant departments for processing and, under certain circumstances, may be forwarded to other companies (e.g., shipping providers, accountants, payment service providers, hosting companies). In such cases, forwarding is covered by a legal basis or is done within the scope of order processing.
In the case of Google services integrated into the website, personal data is also saved on Google servers in the USA and transmitted for this purpose.
The lawfulness of such transmission is based on the adequacy decision which exists in the USA which extends to data transmission to companies in the Google Group.
Sect. 4 Rights of the person concerned
(1) Right to information (Art. 15 GDPR)
The operator shall inform you on request whether it processes your personal data. The operator endeavours to process information queries rapidly.
(2) Right to rectification (Art. 16 GDPR)
You have the right to obtain from the responsible party without undue delay the rectification of inaccurate personal data.
(3) Right to erasure (Art. 17 GDPR)
You have the right to obtain from the operator the erasure of personal data without undue delay and the operator shall have the obligation to erase personal data without undue delay where one of the grounds in points (a) to (f) or Article 17 Para. 1 of the GDPR applies.
(4) Right to restriction of processing (Art. 18 GDPR)
You have the right to demand from the operator restriction of processing when one of the prerequisites of points (a) to (d) of Article 18 Para. 1 of the GDPR applies.
(5) Right to object (Art. 21 GDPR)
You have the right, for reasons arising from your particular situation, to enter an appeal at any time against the processing of the personal data relating to you, which occurs due to point (e) or (f) of Article 6 Para.1 of the GDPR; this also applies to profiling conducted on the basis of these provisions. The operator will then no longer process the personal data relating to you, unless it can provide compelling legitimate reasons for the processing that outweigh your interests, rights and freedoms, or if the processing serves to assert, exercise or defend legal entitlements.
If the personal data relating to you is processed for direct marketing purposes, you have the right to enter an appeal against the processing of personal data relating to you for these advertising purposes; this shall also apply to profiling, insofar as it is associated with this type of direct marketing.
Where personal data are processed for scientific or historical research purposes or statistical purposes pursuant to Article 89 Para. 1 of the GDPR, you, on grounds relating to your particular situation, shall have the right to object to processing of personal data relating to you, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
Please use the contact address in the legal notice to this end.
(6) Right to data portability (Art. 20 GDPR)
You have the right to receive your personal data which you provided to an operator in a structured, commonly used and machine-readable format and have the right to transmit those data to another responsible party without hindrance from the operator to which the personal data have been provided, where the processing is based on consent pursuant to point (a) of Article 6 Para. 1 of the GDPR or point (a) of Article 9 Para. 2 of the GDPR or on a contract pursuant to point (b) of Article 6 Para. 1 of the GDPR and the processing is carried out by automated means.
Sect. 5 Revocation of consent
If you have granted your consent for the processing of your personal data and then revoke this, any processing up to the point in time of revocation shall not be affected by this.
Sect. 6 Right of complaint
You have the right to complain to the competent supervisory authorities at any time.
Sect. 7 Links to third-party sites
When visiting the website, content can be shown which is linked to the websites of third parties. The operator has no access to the cookies or other functions which are used by third-party sides nor can the operator control these. These third-party sites are not subject to the operator’s data privacy provisions.