The processing of personal data, such as the name, address, e-mail address or telephone number of a person concerned, is always in accordance with the basic data protection regulation and in compliance with the country-specific data protection regulations applicable to Vibrosonic GmbH. By means of this data protection declaration, our company wishes to inform the public about the type, scope and purpose of the personal data collected, used and processed by us. Furthermore, this privacy statement informs data subjects of their rights.
Vibrosonic GmbH, as the person responsible for processing, has implemented numerous technical and organisational measures to ensure that the personal data processed via this website is protected as completely as possible. Nevertheless, Internet-based data transmissions can generally have security gaps, so that absolute protection cannot be guaranteed. For this reason, every person concerned is free to transmit personal data to us by alternative means, for example by telephone.
(a) personal data
Personal data means any information relating to an identified or identifiable natural person (hereinafter referred to as %22data subject%22). 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, on-line identification, or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
(b) the person concerned
Data subject means any identified or identifiable natural person whose personal data are processed by the controller.
Processing is any operation or set of operations, performed with or without the aid of automated means, which is performed upon personal data, such as collection, recording, organisation, organisation, filing, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
(d) Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of limiting their future processing.
Profiling is any automated processing of personal data consisting of the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to the performance of work, economic situation, health, personal preferences, interests, reliability, conduct, location or change of location of that natural person.
Pseudonymisation is the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the need for additional information, provided that this additional information is kept separately and is subject to technical and organisational measures which ensure that the personal data is not attributed to an identified or identifiable natural person.
(g) controller or controller responsible for processing
Controller or data controller is the natural or legal person, public authority, agency or any other body which alone or jointly with others determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by Union or national law, the controller or the specific criteria for his designation may be provided for by Union or national law.
(h) Contract processors
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
The recipient is any natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not that person is a third party. However, authorities which may receive personal data in the context of a specific investigation mandate under Union or national law shall not be considered as recipients.
(j) Third party
Third party means any natural or legal person, public authority, agency or body other than the data subject, the controller, the processor and the persons who, under the direct authority of the controller or the processor, are authorized to process the personal data.
Consent shall mean any freely given and informed unequivocal expression of the data subject’s wishes in the specific case, in the form of a statement or any other unequivocal affirmative act by which the data subject signifies his or her consent to the processing of personal data relating to him or her.
2. the name and address of the controller
The person responsible within the meaning of the basic data protection regulation, other data protection laws applicable in the member states of the European Union and other regulations of a data protection nature is the:
68167 Mannheim, Germany
The person concerned can prevent the setting of cookies by our website at any time by means of a corresponding setting in the Internet browser used and thus permanently object to the setting of cookies. Furthermore, cookies already set can be deleted at any time via an Internet browser or other software programs. This is possible in all common Internet browsers. If the person concerned deactivates the setting of cookies in the Internet browser used, it is possible that not all functions of our website can be fully used.
4. collection of general data and information
The website of Vibrosonic GmbH collects a number of general data and information every time the website is accessed by a person concerned or by an automated system. This general data and information is stored in the log files of the server. The (1) browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system accesses our website (so-called referrer), (4) the sub-websites that are accessed via an accessing system on our website, (5) the date and time of an access to the Internet site, (6) an Internet Protocol address (IP address), (7) the Internet service provider of the accessing system and (8) other similar data and information which serve to avert danger in the event of attacks on our information technology systems.
When using this general data and information, Vibrosonic GmbH does not draw any conclusions about the person concerned. This information is rather required to (1) deliver the contents of our website correctly, (2) optimize the contents of our website as well as the advertising for it, (3) to ensure the permanent operability of our information technology systems and the technology of our website as well as (4) to provide law enforcement authorities with the information necessary for criminal prosecution in the case of a cyber attack. These anonymously collected data and information are therefore statistically evaluated by Vibrosonic GmbH on the one hand and also with the aim of increasing data protection and data security in our company, in order to ultimately ensure an optimal level of protection for the personal data processed by us. The anonymous data of the server log files are stored separately from all personal data provided by a person concerned.
5. registration on our website
The data subject has the possibility to register on the website of the controller by providing personal data. The personal data transmitted to the data controller is determined by the respective input mask used for registration. The personal data entered by the data subject are collected and stored solely for internal use by the controller and for the purposes of the controller’s own activities. The controller may arrange for the transfer to one or more processors, such as a parcel service provider, who will also use the personal data exclusively for an internal use attributable to the controller.
Furthermore, by registering on the Internet site of the data controller, the IP address assigned to the data subject by the Internet Service Provider (ISP), the date and time of registration are stored. The storage of this data takes place against the background that this is the only way to prevent the misuse of our services and, if necessary, to enable the clarification of committed crimes. In this respect, the storage of these data is necessary to protect the data controller. This data will not be passed on to third parties unless there is a legal obligation to do so or the passing on of the data serves criminal prosecution.
The registration of the data subject with voluntary provision of personal data serves the purpose of the data controller to offer the data subject content or services which, by their very nature, can only be offered to registered users. Registered persons are free to modify the personal data provided during registration at any time or to have them completely deleted from the data stock of the data controller.
The controller shall at any time upon request provide any data subject with information as to which personal data relating to the data subject are stored. Furthermore, the controller shall correct or delete personal data at the request or notice of the data subject, unless this is contrary to any legal retention obligations. The entire staff of the controller shall be available to the data subject as contact persons in this context.
6. subscription to our newsletter
On the website of Vibrosonic GmbH, users are given the opportunity to subscribe to the newsletter of our company. Which personal data are transmitted to the data controller when ordering the newsletter is determined by the input mask used for this purpose.
Vibrosonic GmbH informs its customers and business partners at regular intervals by means of a newsletter about offers of the company. The newsletter of our company can only be received by the person concerned if (1) the person concerned has a valid e-mail address and (2) the person concerned registers for the newsletter. For legal reasons, a confirmation e-mail will be sent to the e-mail address first entered by a person concerned for the newsletter dispatch using the double opt-in procedure. This confirmation e-mail is used to check whether the owner of the e-mail address, as the person concerned, has authorised the receipt of the newsletter.
When registering for the newsletter, we also save the IP address assigned by the Internet Service Provider (ISP) of the computer system used by the person concerned at the time of registration, as well as the date and time of registration. The collection of this data is necessary in order to be able to trace the (possible) misuse of the e-mail address of a data subject at a later date and therefore serves to provide legal protection for the data controller.
The personal data collected during registration for the newsletter is used exclusively for sending our newsletter. Furthermore, subscribers to the newsletter could be informed by e-mail if this is necessary for the operation of the newsletter service or for registration, as could be the case if there are changes to the newsletter offer or if technical conditions change. Personal data collected within the scope of the newsletter service will not be passed on to third parties. The subscription to our newsletter can be cancelled by the person concerned at any time. The consent to the storage of personal data, which the person concerned has given us for the newsletter dispatch, can be revoked at any time. For the purpose of revocation of consent, a corresponding link is included in every newsletter. It is also possible at any time to unsubscribe from the newsletter mailing directly on the website of the controller or to notify the controller in any other way.
7. newsletter tracking
The newsletters of Vibrosonic GmbH contain so-called counting pixels. A tracking pixel is a thumbnail image embedded in e-mails sent in HTML format to allow log file recording and analysis. This allows a statistical evaluation of the success or failure of online marketing campaigns. By means of the embedded pixel-code, Vibrosonic GmbH can recognize whether and when an e-mail was opened by a person concerned and which links in the e-mail were called up by the person concerned.
Such personal data collected via the tracking pixels contained in the newsletters are stored and evaluated by the data controller in order to optimise the newsletter dispatch and to adapt the content of future newsletters even better to the interests of the data subject. These personal data will not be passed on to third parties. Affected persons are entitled to revoke the separate declaration of consent submitted via the double opt-in procedure at any time. Following a revocation, these personal data will be deleted by the controller. A cancellation of the receipt of the newsletter is automatically interpreted by Vibrosonic GmbH as a revocation.
8. possibility of contact via the website
Due to legal regulations, the website of Vibrosonic GmbH contains information that enables rapid electronic contact with our company as well as direct communication with us, which also includes a general address for so-called electronic mail (e-mail address). Where a data subject contacts the controller by e-mail or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted on a voluntary basis from a data subject to the controller shall be stored for the purposes of processing or for contacting the data subject. This personal data will not be passed on to third parties.
9. routine deletion and blocking of personal data
The controller shall process and store personal data relating to the data subject only for the time necessary to achieve the purpose of storage or where provided for by the European Directive and Regulation or by any other law or regulation to which the controller is subject.
If the purpose of storage ceases to apply or if a storage period prescribed by the European Directive and Regulation Giver or any other competent legislator expires, the personal data will be blocked or deleted as a matter of routine and in accordance with the statutory provisions.
10. rights of the data subject
(a) Right to confirmation
Every data subject has the right, granted by the European Directive and Regulation, to obtain from the controller confirmation as to whether personal data relating to him or her are being processed. If a data subject wishes to exercise this right of confirmation, he or she may at any time contact an employee of the controller.
(b) Right to information
Any person affected by the processing of personal data has the right, granted by the European Directives and Regulations, to obtain at any time and free of charge from the data controller information on personal data relating to him/her and a copy thereof. Furthermore, the European Directive and Regulation maker has granted the data subject access to the following information:
- the processing purposes
- the categories of personal data processed
- the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular to recipients in third countries or international organisations
- if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration
- the existence of a right of rectification or erasure of personal data relating to him or her or of a restriction on processing by the controller or a right to object to such processing
- the existence of a right of appeal to a supervisory authority
- if the personal data are not collected from the data subject: All available information on the origin of the data
- the existence of automated decision making, including profiling, as referred to in Article 22(1) and (4GDPR) and, at least in these cases, meaningful information about the logic involved and the scope and intended impact of such processing on the data subject
The data subject shall also have the right to obtain information as to whether personal data have been transferred to a third country or to an international organisation. If this is the case, the data subject shall also have the right to obtain information on the appropriate guarantees in connection with the transfer.
If a data subject wishes to exercise this right of access, he or she may at any time contact an employee of the controller.
(c) Right of rectification
Any person affected by the processing of personal data has the right, granted by the European legislator, to request the rectification without delay of inaccurate personal data concerning him. Furthermore, the data subject shall have the right to obtain the completion of incomplete personal data, including by means of a supplementary declaration, having regard to the purposes of the processing.
If a data subject wishes to exercise this right of rectification, he or she may at any time contact a member of staff of the controller.
(d) Right of cancellation (right to be forgotten)
Any person affected by the processing of personal data has the right, granted by the European Directives and Regulations, to obtain from the controller the immediate erasure of personal data relating to him/her, if one of the following reasons applies and provided that the processing is not necessary:
- The personal data has been collected or otherwise processed for purposes for which it is no longer necessary.
- The data subject withdraws the consent on which the processing was based pursuant to Article 6 (1)(aGDPR) or Article 9 (2)(aGDPR) and there is no other legal basis for the processing.
- The data subject lodges an objection to the processing pursuant to Article 21 (1GDPR) and there are no overriding legitimate reasons for processing, or the data subject lodges an objection to the processing pursuant to Article 21 (2GDPR).
- The personal data were processed unlawfully.
- The deletion of personal data is necessary to comply with a legal obligation under Union law or the law of the Member States to which the controller is subject.
- The personal data have been collected in relation to information society services offered, in accordance with Article 8 (1GDPR).
If one of the above reasons applies and a data subject wishes to request the deletion of personal data stored by Vibrosonic GmbH, he/she can contact an employee of the data controller at any time. The employee of Vibrosonic GmbH will ensure that the request for deletion is complied with immediately.
If the personal data has been made public by Vibrosonic GmbH and our company as the responsible party is obliged to delete the personal data in accordance with Art. 17 para. 1GDPR, Vibrosonic GmbH shall take reasonable measures, including technical measures, taking into account the available technology and the implementation costs, to inform other data controllers who process the published personal data that the data subject has requested that these other data controllers delete all links to these personal data or copies or replications of these personal data, unless the processing is necessary. The employee of Vibrosonic GmbH will make the necessary arrangements in individual cases.
(e) Right to restrict processing
Any person affected by the processing of personal data has the right, granted by the European Directives and Regulations, to obtain from the controller the restriction of processing if one of the following conditions is met:
- The accuracy of the personal data is contested by the data subject, for a period of time that allows the controller to verify the accuracy of the personal data.
- The processing is unlawful, the data subject refuses to have the personal data deleted and instead requests that the use of the personal data be restricted.
- The controller no longer needs the personal data for the purposes of the processing, but the data subject needs them for the purpose of asserting, exercising or defending legal claims.
- The data subject has lodged an objection to the processing pursuant to Article 21 (1GDPR) and it is not yet clear whether the legitimate reasons of the controller outweigh those of the data subject.
If one of the above-mentioned conditions is met and a person concerned wishes to request the restriction of personal data stored by Vibrosonic GmbH, he/she can contact an employee of the person responsible for processing at any time. The employee of Vibrosonic GmbH will arrange for the restriction of the processing.
(f) Right to data portability
Any person affected by the processing of personal data has the right, granted by the European Directive and Regulation Giver, to receive the personal data concerning him/her, which have been provided by the data subject to a controller, in a structured, common and machine-readable format. It shall also have the right to transfer such data to another controller without interference by the controller to whom the personal data have been disclosed, provided that the processing is based on the consent referred to in Article 6 (1)(a) GDPR or Article 9 (2)(aGDPR) or on a contract referred to in Article 6 (1)(bGDPR) and that the processing is carried out by automatic means, except where such processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Furthermore, in exercising his or her right to transfer data, the data subject shall have the right, in accordance with Article 20 (1GDPR), to obtain that personal data be transferred directly from one controller to another controller, in so far as this is technically feasible and provided that it does not adversely affect the rights and freedoms of other persons.
In order to assert the right to data transferability, the person concerned can contact an employee of Vibrosonic GmbH at any time.
(g) Right of appeal
Every person concerned by the processing of personal data has the right, granted by the European legislator, to object at any time, on grounds relating to his particular situation, to the processing of personal data concerning him carried out pursuant to Article 6 (1)(e) or (fGDPR). This also applies to profiling based on these provisions.
In the event of an objection, Vibrosonic GmbH will no longer process the personal data, unless we can prove compelling reasons for processing that are worthy of protection and outweigh the interests, rights and freedoms of the person concerned, or the processing serves to assert, exercise or defend legal claims.
If Vibrosonic GmbH processes personal data in order to carry out direct advertising, the person concerned has the right to object at any time to the processing of personal data for the purpose of such advertising. This also applies to profiling, insofar as it is associated with such direct mail. If the person concerned objects to Vibrosonic GmbH processing the data for direct marketing purposes, Vibrosonic GmbH will no longer process the personal data for these purposes.
Furthermore, the data subject shall have the right to object, on the grounds relating to his/her particular situation, to the processing of personal data concerning him/her carried out at Vibrosonic GmbH for purposes of scientific or historical research or for statistical purposes, in accordance with Article 89, paragraph 1GDPR, unless such processing is necessary for the performance of a task carried out in the public interest.
In order to exercise the right of objection, the person concerned can directly contact any employee of Vibrosonic GmbH or any other employee. The data subject shall also be free to exercise his right of objection in relation to the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures involving technical specifications.
(h) Automated case-by-case decisions including profiling
Every person concerned by the processing of personal data has the right, granted by the European legislator, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him/her or significantly affects him/her in a similar way, provided that the decision (1) is not necessary for the conclusion or performance of a contract between the data subject and the controller, or (2) is authorised by Union or national legislation to which the controller is subject and such legislation provides for adequate measures to safeguard the rights and freedoms and legitimate interests of the data subject, or (3) is made with the explicit consent of the data subject.
If the decision (1) is necessary for the conclusion or performance of a contract between the data subject and the controller or (2) is made with the express consent of the data subject, Vibrosonic GmbH shall take reasonable measures to safeguard the rights and freedoms as well as the legitimate interests of the data subject, which shall include at least the right to obtain the intervention of a person from the controller, to put forward its point of view and to challenge the decision.
If the data subject wishes to exercise rights relating to automated decisions, he or she may at any time contact a member of staff of the controller.
(i) Right to revoke a data protection consent
Every person affected by the processing of personal data has the right, granted by the European Directive and Regulation Giver, to revoke his or her consent to the processing of personal data at any time.
If the data subject wishes to exercise his or her right to withdraw consent, he or she may at any time contact an employee of the controller.
11. data protection in applications and in the application process
The controller collects and processes the personal data of applicants for the purpose of processing the application procedure. The processing may also be carried out by electronic means. This is in particular the case when an applicant submits relevant application documents to the controller by electronic means, such as e-mail or a web form available on the website. If the data controller concludes an employment contract with an applicant, the transmitted data is stored for the purpose of processing the employment relationship in compliance with the statutory provisions.
If the controller does not conclude an employment contract with the applicant, the application file shall be automatically deleted two months after notification of the decision to reject the application, unless deletion conflicts with any other legitimate interests of the controller. Other legitimate interests in this sense include, for example, a duty to provide evidence in proceedings under the General Equal Treatment Act (AGG).
12. legal basis of the processing
Art. 6 I lit. a GDPRserves our company as a legal basis for processing operations for which we obtain consent for a specific processing purpose. Where the processing of personal data is necessary for the performance of a contract to which the data subject is party, such as processing operations necessary for the supply of goods or any other service or consideration, the processing is based on Article 6 I bGDPR) . The same applies to such processing operations which are necessary to carry out pre-contractual measures, for example in cases of enquiries about our products or services. If our company is subject to a legal obligation which requires the processing of personal data, for example to fulfil tax obligations, the processing is based on Art. 6 I lit. c GDPR.
In rare cases, the processing of personal data might be necessary to protect vital interests of the data subject or another natural person. This would be the case, for example, if a visitor to our company were to be injured and his or her name, age, health insurance details or other vital information had to be passed on to a doctor, hospital or other third party.
Then the processing would be based on Art. 6 I lit. d GDPR. Finally, processing operations could be based on Art. 6 I lit. f GDPR. Processing operations not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to safeguard a legitimate interest of our company or of a third party, unless the interests, fundamental rights and freedoms of the data subject prevail. Such processing operations are permitted to us in particular because they have been specifically mentioned by the European legislator. In this respect, the EDPS considered that a legitimate interest could be assumed if the data subject is a client of the responsible person (recital 47, second GDPRsentence).
13. legitimate interests in the processing pursued by the controller or a third party
If the processing of personal data is based on Article 6 I lit. f GDPR, our legitimate interest is the performance of our business activities for the benefit of the well-being of all our employees and our shareholders.
14. the duration for which the personal data are stored
The criterion for the duration of storage of personal data is the respective legal retention period. After the expiry of this period, the corresponding data is routinely deleted if it is no longer required for the fulfilment or initiation of the contract.
15. legal or contractual provisions making the personal data available; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of nonprovision
We would like to inform you that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual regulations (e.g. information on the contractual partner). Sometimes it may be necessary for the conclusion of a contract that a data subject provides us with personal data, which must subsequently be processed by us. For example, the person concerned is obliged to provide us with personal data if our company concludes a contract with him/her. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Before the data subject provides personal data, the data subject must contact one of our employees. Our employee will inform the person concerned on a case-by-case basis whether the provision of the personal data is required by law or contract or necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and what the consequences would be if the personal data were not provided.
16. existence of automated decision-making
As a responsible company, we avoid automatic decision making or profiling.
This data protection declaration was created by the data protection declaration generator of the Deutsche Gesellschaft für Datenschutz in cooperation with the media law attorneys WILDE BEUGER SOLMECKE | Rechtsanwälte.