Data Protection Statement

Contents

  1. General Information
    1. Objective and Responsibility
    2. Legal Bases
    3. Data Subject Rights
    4. Data Erasure and Duration of Storage
    5. Security of Processing
    6. Transfer of Data to Third Parties, Subcontractors and Third Party Providers
  2. Concrete Data Processing
    1. Usage of the B2B portal by customer employees
    2. Usage of the B2B portal by HEINEMANN employees
    3. Collection of Information on the Use of the Online Service
    4. Contact Form and Contacting via E-Mail
    5. Video streaming
  3. Cookies
    1. General Information
    2. Objection Options
    3. Cookie Policy
  4. Changes to the Data Protection Statement

1. General Information

  1. Objective and Responsibility
    1. This Data Privacy Statement is to inform you about the nature, scope and purpose of the processing of personal data related to our online service https://b2b.gebr-heinemann.com and the related websites, features and contents (hereinafter collectively referred to as ‘online service’ or ‘website’).
    2. The online service is provided by Gebr. Heinemann SE & Co. KG (Koreastraße 3 – 5, 20457 Hamburg, Germany) – hereinafter referred to as ‘Heinemann”, ‘provider’, ‘we’ or ‘us’ - who is also legally responsible under the data protection law.
    3. You can reach out to our Data Protection Officer under the E-Mail address dataprotection@gebr-heinemann.de.
    4. The term ‘user’ encompasses all customers, interested people, employees and visitors of our online service.
  2. Legal Bases

    We collect and process personal data based on the following legal grounds:

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

    You have the following rights with regards to the processing of your data through us:

    1. The right to lodge a complaint with a supervisory authority in accordance with article 13 paragraph 2 lit. d GDPR and article 14 paragraph 2 lit. e GDPR.
    2. Right of access in accordance with article 15 GDPR
    3. Right to rectification in accordance with article 16 GDPR
    4. Right to erasure (‘right to be forgotten’) in accordance with article 17 GDPR
    5. Right to restriction of processing in accordance with article 18 GDPR
    6. Right to data portability in accordance with article 20 GDPR
    7. Right to objection in accordance with article 21 GDPR

    Notice: Users may object to the processing of their personal data in accordance with legal allowances at any time with effect for the future. The objection may in particular be made against processing for the purposes of direct marketing.

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

  4. Data Erasure and Duration of Storage

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

  5. Security of Processing
    1. We have implemented appropriate and state-of-the-art technical and organisational security measures (TOMs). Thus, the data that is processed by us is protected against accidental or intentional manipulation, loss, destruction and unauthorized access.
    2. These security measures include in particular the encrypted transfer of data between your browser and our server.
  6. Transfer of Data to Third Parties, Subcontractors and Third Party Providers
    1. A transfer of personal data to third parties only occurs within the framework of legal requirements. We only disclose personal data of users to third parties, if this is required e.g. for billing purposes or other purposes, if the disclosure is necessary to ensure the fulfilment of contractual obligations towards the users.
    2. If we engage subcontractors for our online service, we have made appropriate contractual arrangements as well as adequate technical and organizational measures with these companies.
    3. If we use content, tools or other means from other companies (hereinafter collectively referred to as 'third party providers’) whose registered offices are located in a third country, it is assumed that a transfer of data to the home countries of these third party providers occurs. The transfer of personal data to third countries takes place exclusively only, if an adequate level of data protection, the user’s consent or another legal permission is present.

2. Concrete Data Processing

  1. Usage of the B2B portal by customer employees
    1. The following data will be processed during use of the B2B portal by customer employees: first name, surname, e-mail address, language, encrypted password, customer assignment in the form of numbers, authorizations, creation date of the account, change date (if something was changed in the account).
    2. The processing of this data is necessary for the use of the B2B portal. A revocation with regard to the processing of this data leads to the fact that the revoking person can no longer use the B2B portal.
    3. The data will be deleted if they are no longer required for the provision of the service within the statutory retention periods.
  2. Usage of the B2B portal by HEINEMANN employees
    1. The following data will be processed during use of the B2B portal by HEINEMANN employees: first name, surname, user name, language, encrypted password, authorizations, creation date of the account, change date (if something was changed in the account).
    2. The processing of this data is necessary for the use of the B2B portal. A revocation with regard to the processing of this data leads to the fact that the revoking person can no longer use the B2B portal.
    3. The data will be deleted if they are no longer required for the provision of the service within the statutory retention periods.
  3. Collection of Information on the Use of the Online Service
    1. When using our online service, information may be transferred automatically from the device of the user to us; this information includes the name of the accessed website, file, date and time of the access, amount of data transferred, notification about successful access, browser type and version, the user's operating system, referrer URL (the previously visited page), IP address and the requesting provider.
    2. The processing of this information takes place based on legitimate interests in accordance with article 6 paragraph 1 lit. f GDPR (e.g. to optimize the online service) as well as to ensure the security of processing in accordance with article 5 paragraph 1 lit. f GDPR (e.g. for the defence and clarification purposes of cyberattacks)
    3. This information will be automatically deleted 90 days after the termination of the connection, unless any other retention periods require otherwise.
    4. The collection of the data and the storage of the data in log files is essential for the provision of the online service. Therefore users are not entitled to the options of erasure, objection or correction.
  4. Contact Form and Contacting via E-Mail
    1. When contacting us (via online form or e-mail), the data provided by the user will be processed exclusively for processing the inquiry and its handling.
    2. Any other use of the data will only take place based on the given consent from the user.
    3. The users' data will be stored in our Customer Relationship Management System (‘CRM System’) or a comparable software/database. The legal retention periods for business letters apply.
  5. Video streaming
    1. We use the provider Vimeo for the integration of videos. Vimeo is operated by Vimeo.com, Inc. (headquarter: 555 West 18th Street, New York, New York 10011; USA).
    2. We use plugins from the provider Vimeo on some of our Internet pages. When you play a Vimeo video, e.g. by clicking on the start button of a video (consent according to Article 6 paragraph 1 lit. a DSGVO), a connection to the Vimeo servers is established. This transmits which of our Internet pages you have visited to the Vimeo server. If you are logged in as a Vimeo member, Vimeo assigns this information to your personal user account. You can prevent this assignment by logging out of your Vimeo user account before using our website and deleting the corresponding cookies from Vimeo.
    3. Vimeo acts as an independent controller; i.e. Vimeo is neither a processor according to Art. 28 GDPR nor a joint controller according to Art. 26 DSGVO. A data transfer to Vimeo only takes place on the basis of your consent in connection with the EU standard contractual clauses (Controller To Controller).
      Further information on data processing and notes on data protection by Vimeo can be found at: https://vimeo.com/privacy.
      You can find Vimeo's cookie policy here: https://vimeo.com/cookie_policy.

3. Cookies

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

    You may object to the use of cookies that are used for measuring the range of coverage and promotional purposes via

    1. deactivation page of the Network Advertising Initiative: http://optout.networkadvertising.org/
    2. the US-American website: http://www.aboutads.info/choices
    3. the European website http://www.youronlinechoices.com/uk/your-ad-choices/
  3. Cookie Policy

    For more information, please see our cookie policy.

4. Changes to the Data Protection Statement

  1. If users' consents are required or if elements of the Data Protection Statement contain provisions in regards to the contractual relationship with the users, the changes will only be made with the consent of the users.
  2. Users are requested to keep themselves informed about the content of this Data Privacy Statement on a regular basis.

Version: September 2023