Data Protection Notice

This website is operated by HOMANIT Building Materials GmbH & Co. KG. The protection of your privacy as a user of our website is very important to us, which is why we act in accordance with the data protection provisions of the Bundesdatenschutzgesetz (BDSG) [German Federal Data Protection Act], the Telemediengesetz (TMG) [German Telemedia Act] and the General Data Protection Regulation (GDPR) when collecting, processing and using personal data. If any future changes to this data protection policy should become necessary, we shall publish them on this page.

The controller within the meaning of the General Data Protection Regulation and other national data protection laws of the Member States as well as other legal data protection provisions is:

HOMANIT Building Materials GmbH & Co. KG
Ahornweg 1
06536 Berga

The Data Protection Officer of the Controller is:
Dr.-Ing. Harald Rudolph
Ingenieurbüro für Betriebsgestaltung
Mogkstraße 11
06526 Sangerhausen
+49 15140260077
rudolph@betriebsgestaltung.de

General Information on Data Processing

Scope of Personal Data Processing

Basically, we collect and use personal data of our users only where this is required to provide a functional website and our contents and services. Personal data of our users is collected and used regularly only after the user has given their consent. An exception applies in cases where prior consent cannot be obtained for practical reasons and statutory regulations permit processing of the data.

Legal Basis for Personal Data Processing

Where we obtain consent from the data subject for personal data processing operations, point (a) of Article 6(1) EU General Data Protection Regulation (GDPR) is the legal basis for personal data processing.

If processing personal data is necessary for the performance of a contract to which the data subject is party, the legal basis is point (b) of Article 6(1) GDPR. This also applies to processing operations that are necessary in order to take steps prior to entering into a contract.

Where personal data processing is necessary for compliance with a legal obligation to which our company is subject, Art. 6(1) Point (c) GDPR serves as a legal basis.

If processing is necessary in order to protect the vital interests of the data subject or of another natural person, Art. 6(1) Point (d) GDPR serves as a legal basis.

If processing is necessary for the purposes of any legitimate interest pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject, the legal basis for processing is point (f) of Article 6(1) GDPR.

Erasure of Data and Retention Period

The data subject’s personal data shall be erased or blocked once the purpose of storage ceases to apply. Data can be retained beyond this period if this is provided for by European or national legislators in EU regulations, laws or other regulations to which the Controller is subject. The data shall in such cases be blocked or erased once the retention period specified by the aforementioned standards expires, unless further retention of the data is required for the conclusion or fulfilment of a contract.

Provision of the Website and Creation of Log Files

Description and Scope of Data Processing

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

The following data are collected:

(1) Information on the browser type and version used
(2) The operating system of the user
(3) The Internet service provider of the user including the country of origin
(4) The IP address of the user
(5) Date and time of access
(6) The volume of data transferred
(7) Websites from which the user’s system accesses our website
(8) Websites accessed by the user’s system through our website

The data are also stored in the log files of our system. This does not affect the IP addresses of the user or other data which allow for attribution of the data to a user. These data are not stored together with other personal data of the user.

Legal Basis for Data Processing

The legal basis for temporary data retention is Art. 6 (1) (f) GDPR.

Purpose of Data Processing

Temporary storage of the IP address by the system is necessary to allow the website to be provided on the computer of the user. To this end, the IP address of the user must be stored for the duration of the session.

Such purposes also constitute our legitimate interest in data processing according to Art. 6(1) (f) GDPR.

Duration of Storage

The data are erased as soon as they are no longer required for the purpose for which they were collected. In the case of collection of data for the provision of the website, this is the case when the session in question ends.

Option of Objection and Elimination

The collection of data is necessary for the provision of the website, and storage of the data in log files is necessary for the operation of the website. Consequently, the user has no option to object.

Use of Cookies

Description and Scope of Data Processing

Our website uses cookies. Cookies are text files which are stored in or by the Internet browser on the user’s computer system. If a user accesses a website, a cookie can be stored in the user’s operating system. This cookie contains a distinctive sequence of characters that allows the unique identification of the browser the next time the website is accessed.

If cookies required for technical reasons are used:

We use cookies to make our website more user-friendly. Certain elements of our website also require the accessing browser to remain identifiable after changing to a different web page.

The purpose of the use of technically required cookies is to facilitate the use of websites for the users. Certain functions of our website cannot be used without the use of cookies. To achieve this, it must also be possible to recognise the browser after changing to a different web page.

The user data which is collected by the technically necessary cookies will not be used for the creation of user profiles.

Such purposes are also the basis for our legitimate interest in personal data processing according to Art. 6(1) (f) GDPR.

Duration of Storage, Option of Objection and Elimination

Cookies are stored on the computer of the user, and transferred from it to our site. You, the user, therefore have full control over the use of cookies. By changing the settings in your Internet browser, you can disable or restrict the transfer of cookies. Cookies that have already been stored can be deleted at any time. This can also be done automatically. If cookies are disabled for our website, you may not have full access to all website functions.

Contact Form/Email Contact

Description and Scope of Data Processing

There is a contact form on our website which can be used to contact us electronically. If a user uses this option, then the data entered into the input screen will be transferred to us and stored. This data is:

Your consent to the processing of the data will be obtained in the course of the sending process, and this data protection statement will be referred to.

Alternatively, we can be contacted using the email address provided. In this case, the personal data of the user transferred with the email will be stored.

In this context, data will not be passed on to third parties. The data will exclusively be used for processing the conversation.

Legal Basis for Data Processing

The legal basis for data processing where the user has given their consent thereto is point (a) of Art. 6(1) GDPR.

The legal basis for the processing of data in the course of sending an email is Art. 6(1) (f) GDPR. If the email contact is aimed at concluding a contract, an additional legal basis for processing is Art. 6(1) (b) GDPR.

Purpose of Data Processing

Processing personal data from the input screen serves solely to handle the contact. In the case of contact by e-mail, the necessary legitimate interest is in processing the data.

The other personal data processed during the sending process serves to prevent abuse of the contact form and ensure the security of our IT systems.

Duration of Storage

The data are erased as soon as they are no longer required for the purpose for which they were collected. For personal data from the input screen of the contact form and that sent by e-mail, this is the case when the relevant conversation with the user ends. The conversation ends when it can be seen from the circumstances that the relevant case has been conclusively clarified.

Option of Objection and Elimination

The user can withdraw their consent to personal data processing at any time. If the user contacts us by email, then they can object to the storage of their personal data at any time. In such a case, the conversation cannot be continued.

All personal data stored in the course of contact will be erased in this case.

Use of Google-Analytics

This website uses Google Analytics, a web analysis service provided by Google Inc. (“Google”). Google Analytics uses “cookies”, small text files that are stored on your computer which enable an analysis of how you use our website. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there. Upon activating IP anonymisation on this Website, however, your IP address is abbreviated by Google within European Union member states or other states which are part of the European Economic Area first. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. On behalf of the provider of this website, Google uses this information to analyse your use of the website, to compile reports about the website activity and to provide further services which are connected to the use of this website and of the Internet for its operator. IP addresses which Google Analytics transmits from your browser will not be combined with other data from Google. By changing your browser settings accordingly, you can prevent cookies from being saved on your computer; however, we point out that you may not have full access to all website functions in this case. In addition, you can prevent any data created by the cookie and relating to website usage on your part (including your IP address) from being transmitted to and being processed by Google by downloading and installing the browser plug-in available under the link http://tools.google.com/dlpage/gaoptout?hl=de

Use of Social Media Plug-Ins

Our website uses social plug-ins (plug-ins) of various social networks such as “Facebook” or “Xing”. These plug-ins are identified by their logos.

If you access one of our websites which contains a social plug-in, your browser establishes a direct connection with the servers of the corresponding operator of the logo (such as facebook.com or xing.com). The service provider directly transfers the plug-in contents to your browser, which is then integrated into the website by the provider. Please note that the processing of data by Facebook, Twitter and Yahoo take place outside the European Union. In addition, we have no influence on the scope of data which is collected with the use of this plug-in and therefore inform the users in accordance with our level of knowledge:

Through the embedding of social plug-ins, the providers are informed that you have accessed the relevant website of our online presence. If you are logged into a service such as Facebook, Twitter or Delicious, the corresponding provider is able to associate your visit with your account. If you interact with the plug-in, such as by clicking on the Facebook “like” button or commenting, your browser transfers this information directly to the corresponding service provider where this information is stored. If you are not a member of a social network, it is still possible for the service provider to

see and save your IP address. Please see the applicable privacy policy for the purpose and extent of the collection of data by the further processing and use of the data by the service provider as well as your related rights.

You can prevent the integration of social plug-ins, but also the use of website analysis software by using the relevant software, such as the application “Ghostery”.

“Logging out” of the social network in question – e.g. Facebook – also prevents the network in question from associating the data collected by your accessing our website with your profile.

Rights of the Data Subject

If your personal data is processed, you are a data subject within the meaning of the GDPR and you have the following rights vis-à-vis the Controller:

Right of Access

You can request a confirmation from the Controller of whether we process personal data relating to you.

If such processing takes place, you can request access to the following information from the Controller:

(1) the purposes for which personal data are processed;
(2) the categories of personal data processed;
(3) the recipients or categories of recipients to which the personal data relating to you have been or are to be disclosed;
(4) the envisaged period for which personal data relating to you will be stored, or, if specific information on this is not possible, the criteria used to determine this period;
(5) 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;
(6) the right to lodge a complaint with a supervisory authority.
(7) any available information as to the source of the data where the personal data are not collected from the data subject;
(8) the existence of automated decision-making including profiling according to Article 22(1) and (4) GDPR and – at least in those cases – meaningful information about the logic involved as well as the significance and the envisaged consequences of such processing for the data subject.

You have a right to information as to whether the personal data relating to you are transmitted to a third country or to an international organisation. If this is the case, you have the right to be informed of the appropriate safeguards according to Article 46 relating to the transfer.

Right to Rectification

You have a right to rectification and/or completion vis-à-vis the Controller if the personal data processed relating to you is incorrect or incomplete. The Controller must undertake rectification without undue delay.

Right to Restriction of Processing

Under the following circumstances, you can request us to restrict processing of the personal data relating to you:

(1) if you contest the accuracy of the personal data relating to you for a period that enables the Controller to verify the accuracy of the personal data;
(2) if processing is unlawful, but you refuse erasure of the personal data, requesting instead that use of the personal data be restricted;
(3) if the Controller no longer needs the personal data for the purposes of processing, but you need them to assert, exercise or defend legal claims, or
(4) if you have objected to processing according to Article 21(1) GDPR, pending the verification whether the legitimate grounds of the Controller override your legitimate grounds.

Where processing of the personal data relating to you has been restricted, such data shall, with the exception of storage, only be processed with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the European Union or of a Member State.

Where processing has been restricted pursuant to the aforementioned conditions, you shall be notified by the Controller before the restriction is lifted.

Right to Erasure

  1. A) Obligation to Erase

You have the right to obtain from the controller the erasure of your personal data without undue delay and the controller is obliged to erase such data without undue delay where one of the following grounds applies:

(1)      Your personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
(2)      You withdraw your consent on which processing is based according to point (a) of Article 6(1) or point (a) of Article 9(2) GDPR, and there is no other legal ground for processing.
(3)      You object to processing according to Article 21(1) and there are no overriding legitimate grounds for processing, or you object to processing according to Article 21(2) GDPR.
(4)      Your personal data have been unlawfully processed.
(5)      Your personal data need to be erased for compliance with a legal obligation in Union or Member State law to which the Controller is subject.
(6)      Your personal data have been collected in relation to the offer of information society services according to Article 8(1) GDPR.

  1. b) Information to Third Parties

Where the controller has made your personal data public and is obliged according to Article 17(1) GDPR to erase them, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that you as the data subject have requested the erasure by such controllers of any links to, or copy or replication of, those personal data.

  1. c) Exceptions

The right to erasure does not apply to the extent that processing is necessary

(1) for exercising the right of freedom of expression and information;
(2) for compliance with a legal obligation which requires processing by Union or Member State law to which the Controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the Controller;
(3) for reasons of public interest in the area of public health in accordance with points (h) and (i) of Article 9(2) as well as Article 9(3) GDPR;
(4) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) GDPR insofar as the right referred to in a) is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
(5) for the establishment, exercise or defence of legal claims.

Right to Be Informed

If you have asserted the right to rectification, erasure or restriction of processing vis-à-vis the Controller, the Controller is obliged to communicate such rectification or erasure of the data or restriction of processing to each recipient to whom your personal data have been disclosed, unless this proves impossible or involves disproportionate effort.

You have the right to request information on those recipients from the Controller.

Right to Data Portability

You have the right to receive any personal data related to you that has been provided by you to the Controller in a structured, commonly used and machine-readable format. You also have the right to transmit those data to another controller without hindrance from the Controller to which the personal data have been provided, where

(1) the processing is based on consent according to point (a) of Article 6(1) GDPR or point (a) of Article 9(2) GDPR or on a contract according to point (b) of Article 6(1) GDPR and
(2) processing is carried out by automated means.

In exercising this right, you also have the right to have the personal data concerning you transmitted directly from one controller to another, where technically feasible. This must not adversely affect the rights and freedoms of others.

The right to data portability does not apply to any personal data processing that 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.

Right to Object

You have the right to object, on grounds relating to your particular situation, at any time to any processing of your personal data which is based on point (e) or (f) of Article 6(1) GDPR, including profiling based on those provisions.

The Controller shall no longer process your personal data, unless the Controller demonstrates compelling legitimate grounds for processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims.

Where your personal data is processed for direct marketing purposes, you have the right to object at any time to any processing of your personal data for such marketing, which includes profiling to the extent that it is related to such direct marketing.

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

In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you may exercise your right to object by automated means using technical specifications

Right to Withdraw Consent

You have the right to withdraw your data consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.

Automated Individual Decision-Making Including Profiling

You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision

(1) is necessary for entering into, or performance of, a contract between you and the Controller;
(2) is authorised by Union or Member State law to which the Controller is subject and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interests; or
(3) is made with your explicit consent.

Nevertheless, such decisions must not be based on special categories of personal data according to Article 9(1) GDPR, unless point (a) or (g) of Article 9(2) applies and suitable measures to safeguard your rights and freedoms and legitimate interests are in place.

In the cases referred to in (1) and (3), the controller implements suitable measures to safeguard your rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express your own point of view and to contest the decision.

Right to Lodge a Complaint with a Supervisory Authority

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 your personal data infringes the GDPR.

The supervisory authority with which the complaint has been lodged informs the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy acc. to Art. 78 GDPR.