Privacy policy

1. Controller responsible for processing data (“we”) 

Ems Vital Deutschland
Elisabeth Albers
Zum Bruch 3
49811 Lingen Baccum
Germany

www.emsvital.de
info@emsvital.de

Tel +49 591 - 90 12 430
Fax +49 591 - 91 54 715

Contact regarding website content

More details about us are available in our service provider information.

2. Personal data, purposes of processing and legal grounds 

You can normally use our website without having to provide personal data. Personal data are provided voluntarily. ‘Personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the identity of that natural person. The data are processed in order to operate this website with information about our range of services as well as ways to contact us and submit online applications. Personal data are only collected on our website if necessary

  • to use the website (legal ground: sentence 1 of point (a) of Article 6(1) GDPR and/or sentence 1 of point (b) of Article 6(1) GDPR);
  • to serve our interest in improving the user experience and maintaining the security of use (legal ground: sentence 1 of point (f) of Article 6(1) GDPR);
  • to use the services offered on the website as well as to take steps prior to entering into a contract, especially form entries (legal ground: sentence 1 of point (a) of Article 6(1) GDPR and/or sentence 1 of point (b) of Article 6(1) GDPR or
  • to conclude and execute a contract (legal ground: sentence 1 of points (a) and (b) of Article 6(1) GDPR)

is required.  

More details about how data are processed are available below under the headings:

3. Access data / server log files  

When you visit our website, the servers automatically store the information your browser sends in server log files. The information encompasses

  • the name of the website you are visiting,  
  • the file,  
  • the date and time of your visit,  
  • a notification of successful retrieval,  
  • your browser type and version,  
  • your operating system,  
  • the referrer URL,  
  • the provider.

These data are not merged with other sources of data. Pursuant to sentence 1 of point (f) of Article 6(1) GDPR), the information is only used to analyse and maintain the technical operation of the servers and network.

4. Cookies 

Our website stores cookies. Cookies are small files which make it possible to store specific information relating to your device on the device you use to access the website (PC, smartphone etc.). One of their purposes is to make websites more user friendly and therefore to serve users (e.g. to store log-in data). Additionally, they enable us to collect and analyse statistical data concerning website usage in order to improve the website. The legal grounds for this are provided by sentence 1 of point (f) of Article 6(1) GDPR. .

As the user, you can control the use of cookies. Most browsers have a setting to restrict or completely prevent the use of cookies. However, please be aware that use of the website and especially user-friendliness will be limited without cookies.

You can manage lots of online advertising cookies from companies on the American page http://www.aboutads.info/choices/ European page http://www.youronlinechoices.com/uk/your-ad-choices/.

5. Contact by e-mail

If you send us an enquiry by e-mail, we shall store the information you provide in the e-mail including your contact details in order to process the enquiry and in case you have any follow-up questions in accordance with sentence 1 of point (b) of Article 6(1) GDPR. We shall never disclose these data without your consent. We shall treat the data you provide voluntarily as strictly confidential. We shall store and use the personal data you provide voluntarily where necessary for further correspondence with you.

 

6. Contact form  

If you send us an enquiry using the contact form, we shall store the information you provide in the form including your contact details in order to process the enquiry and in case you have any follow-up questions in accordance with sentence 1 of point (b) of Article 6(1) GDPR. We shall not disclose these data without your consent. 

7. Google Analytics 

Our website uses Google Analytics. The provider is Google LLC, 1600 Amphitheatre Parkway Mountain View, CA 94043, USA, to analyse our website and usage in order to make it more user-friendly and effective and to advertise and offer our services more optimally. The legal basis for this is Art. 6 para. 1 sentence 1 lit. f) DSGVO or, if you have given your consent to the use of cookies on the basis of a notice ("cookie banner") provided by us on the website, the legality of the use is governed by Art. 6 para. 1 sentence 1 a) DSGVO. Google LLC is certified under the US-EU "Privacy Shield" agreement and thus undertakes to comply with EU data protection regulations.

For users who are habitually resident in the European Economic Area or Switzerland, Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, EU is the responsible party for the Google Services (hereinafter "Google"). Google Ireland Limited is a company affiliated with Google LLC, whose services we integrate and which must also comply with the Basic Data Protection Regulation.

Google Analytics uses cookies, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by cookies about your use of this website is usually transferred to a Google server in the USA and stored there. However, the IP address transmitted by your browser within the framework of Google Analytics is not combined with other data from Google. IP anonymisation is activated on our website. Your IP address will thus be shortened by Google within member states of the European Union or in other signatory states to the Agreement on the European Economic Area before. Only in exceptional cases will the full IP address be transferred to a Google server in the USA and shortened there. On our behalf, Google will use this information to evaluate your use of the website, to compile reports on the website activities and to provide us with further services related to the use of the website and the Internet.

You can give your consent to the use of analytics via the cookie policy in the cookie settings by means of opt-ins (activation). You can also prevent the storage of cookies by adjusting your browser software accordingly; however, we would like to point out that in this case you may not be able to use all the functions of our website to their full extent. You can also prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) to Google and the processing of this data by Google by clicking on the link: https://tools.google.com/dlpage/gaoptout?hl=de and installing the browser plugin available under the link: https: //tools.google.com/dlpage/gaoptout?hl=de: Further information on Google's terms of use and data protection can be found here or there. 

8. reCaptcha  

We use reCaptcha, a service provided by Google LLC, 1600 Amphitheatre Parkway Mountain View, CA 94043, USA to protect our contact form against unintended use. This service enables us to determine whether data have been entered into the contact form by a person or automatically by a machine known as a spambot for the purposes of misusing the form. Your IP address is transferred to Google LLC for this purpose. Google reCaptcha also uses cookies which are stored on your computer and make it possible to analyse how you use the website.

The legal grounds for this are provided by sentence 1 of point (f) of Article 6(1) GDPR or, if you have consented to cookies on the basis of information we displayed on the website (a cookie banner), the use of the data shall be lawful in accordance with sentence 1 of point (a) of Article 6(1) GDPR.

The information generated by the cookie about your use of this website is normally sent to a Google server in the USA and stored there. IP anonymisation is active. This means that your IP address is shortened by Google in a member state of the European Union or other signatories to the Agreement on the European Economic Area. Only in exceptional cases is the full IP address sent to a Google server in the USA and shortened there. Your IP address sent by your browser through Google Analytics will not be associated with any other data held by Google. For more information, visit: https://www.google.com/intl/de/policies/privacy/.

9. Google Tag Manager 

Our website uses Google Tag Manager. Google Tag Manager is a solution with which the operator of a website can manage tags on a dashboard. The tag manager tool itself is a cookie-free domain and does not collect any personal data. The tool activates other tags which collect data in accordance with this privacy policy. Google Tag Manager does not access such data. IP addresses are anonymised by Google Tag Manager on the basis of an internal setting. It is not visible in the source code of this website. More information is available at https://marketingplatform.google.com/intl/us/about/analytics/tag-manager/use-policy/. The legal grounds are provided by sentence 1 of point (f) of Article 6(1) GDPR as the processing of the data serves our legitimate interest in improving the user experience through analysis and optimisation as well as advertising and presenting our services. 

10. Recipients of personal data 

We share personal data with the following categories of recipient:

Our employees and the host of our website. The host is ELA Container GmbH, Zeppelinstr. 19-21, 49733 Haren (Ems).

Additionally, your personal data shall not be shared with third parties without your express consent unless we are legally obliged to do so pursuant to sentence 1 of point (c) of Article 6(1) GDPR or the disclosure of the data is strictly necessary in order to execute a contractual relationship in accordance with sentence 1 of point (b) of Article 6(1) GDPR.

Please note that the transfer of data on the Internet (e.g. communication by e-mail) can be subject to security flaws. The data cannot be afforded seamless protection against third parties. 

11. Duration of storage 

We shall erase your personal data as soon as the purpose for which they were originally collected has been achieved. As such, we shall store your data from your e-mails, the contact form and your orders until your enquiry has been fully processed and closed. The data shall usually be erased after this point. Otherwise, we check whether the stored data concerning you can be erased on an annual basis. We erase session cookies automatically after the end of your visit to our website. Access data and server log files are erased after one week. 

Application data are erased after six months at the latest. If your application is successful, we shall continue to process your personal data for the purposes of the employment relationship. If you have provided your express consent, you can withdraw your consent at any time with future effect – this will result in us erasing your data.

Please note that storage obligations of at least six (Section 257 of the German Commercial Code (HGB)) or ten years (Section 147 of the German Tax Code (AO)) apply to certain data under tax and commercial law.

 

12. Rights of the data subject  

You are not legally obliged to provide your personal data. However, it might be necessary to provide your data in order to enter into a contract or for features of the website to work properly. Therefore, if you do not provide your data, it might not be possible to offer a contract or a feature on the website.

No automated decision-making, i.e. profiling, takes place on the website.

In particular, the rights of data subjects are set out by Articles 15 to 23 and Article 77 GDPR as well as Sections 32 to 37 BDSG. With regard to your personal data, you have the right to 

  • access information, Article 15 GDPR
  • rectification, Article 16 GDPR
  • erasure, Article 17 GDPR
  • restriction of processing, Article 18 GDPR
  • data portability, Article 20 GDPR.

If you have provided consent to the processing of personal data, you have the right to 

  • withdraw consent, Article 7 GDPR

with future effect. 

Furthermore, you have the right to

  • object to the processing of personal data, Article 21 GDPR.

1. You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on sentence 1 of point (f) of Article 6(1) GDPR (data processing based on a balance of interests). If you object, we shall no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or that the processing is necessary for the establishment, exercise or defence of legal claims.

2. In individual cases, we process personal data for the purposes of direct marketing. If this is the case with you, you have the right to object to the processing of data concerning you for the purposes of such advertisements. If you object to processing for direct marketing purposes, we shall no longer process your personal data for such purposes. Your objection can be in any format and should be addressed to us if possible; see section 1 above.

If you believe that the processing of personal data concerning you infringes the data protection regulations, you always have the 

  • right to lodge a complaint

 with a supervisory authority – see Article 77 GDPR. Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you infringes the General Data Protection Regulation.

The contact details of the data protection officers in the German states, the supervisory authorities for the private sector, radio, churches, in Europe and abroad, as well as the virtual data protection office, are available at

https://www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html

The supervisory authority with jurisdiction over us is the State Commissioner for Data Protection, Prinzenstrasse 5, 30159 Hanover, Germany.