Eberhard Zimmermann GmbH & Co. KG
Managing Directors/Owners: Eberhard Zimmermann, Gerhard Zimmermann and Reinhard Zimmermann
Legal disclosure: www.zimmermann-gruppe.com/kontakt/impressum/
Data Protection Officer:
bits + bytes it-solutions GmbH & Co. KG
Bahnhof Weidenau 6
Tel: 0700 / 20 30 10 30
Types of Processed Data:
- Inventory data (e.g., names, addresses).
- Contact information (e.g., email addresses, phone numbers).
- Content data (e.g., text input, photos, videos).
- Usage data (e.g., websites visited, interest in content, access times).
- Meta-/communication data (e.g., device information, IP addresses).
Categories of Data Subjects
Visitors and users of our online services (hereinafter we refer to data subjects as "users").
Purposes of the Processing
- Provision of our online services, its functions, and content.
- Answering contact requests and communicating with users.
- Security measures.
- Reach measurement/marketing
"Personal data" means any information relating to an identified or identifiable natural person (hereinafter the "data subject"); a natural person is considered as identifiable, if he or she can be identified directly or indirectly – in particular, by means of assignment to an identifier such as a name, an identification number, location information, an online identifier (e.g. cookie) or one or more special features that express the physical, physiological, genetic, mental, economic, cultural or social identity of this natural person.
"Processing" means any process performed with or without the aid of automated procedures or any such process associated with personal data. The term is comprehensive and includes virtually any handling of data.
"Pseudonymisation" refers to the processing of personal data in such a way that the personal data can no longer be assigned to a specific data subject without additional information being provided – provided that such additional information is kept separate and is subject to technical and organisational measures to ensure that the personal data are not assigned to an identified or identifiable natural person.
"Profiling" refers to any kind of automated processing of personal data which involves the use of such personal data to evaluate certain personal aspects relating to a natural person – in particular, in order to analyse or predict aspects relating to that natural person’s job performance, economic situation, health, personal preferences, interests, reliability, behaviour, whereabouts or relocation.
"Controller" refers to the natural or legal person, public authority, agency or other body that decides, alone or in concert with others, on the purposes and means of processing personal data.
"Processor" refers to a natural or legal person, public authority, agency or other body that processes personal data on behalf of the controller.
Relevant Legal Bases
In accordance with GDPR Art. 32, we take appropriate technical and organisational measures to ensure a level of protection appropriate to the risk – taking into account the state of the art, the implementation costs and the nature, scope, context and purposes of processing as well as the risks of varying likelihood and severity to the rights and freedoms of natural persons.
Measures include, in particular, ensuring the confidentiality, integrity and availability of data by controlling physical access to the data, as well as controlling access, input, disclosure, availability, and separation where the data is concerned. We have also set up procedures to ensure the rights of data subjects, data erasure and reactions to data vulnerabilities. Furthermore, we already consider the protection of personal data during the development and selection of hardware, software and procedures, according to principles of data protection through technology design and privacy-friendly default settings (GDPR Art. 25).
Collaboration with Processors and Third Parties
If, in the context of our processing, we disclose, transfer or otherwise grant access to data to other persons and companies (contract processors or third parties), this will only be done on the basis of a legal permission (e.g., if the transfer of data to third parties, for example payment service providers, is necessary to fulfil the contract, pursuant to Art. 6 (1) (b) of the GDPR), your consent, a legal obligation or our legitimate interests (e.g., the use of agents, webhosts, etc.).
If we commission third parties to process data on the basis of a so-called "order processing contract", this is done on the basis of GDPR Art. 28.
Transfers to Third Countries
If we process data in a third country (i.e. Outside of the European Union (EU) or the European Economic Area (EEA)) or if data is processed in a third country in the context of the use of third party services or disclosure or transmission of data to third parties, this will only be done where it is necessary to fulfil our (pre-)contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we only process or have data processed in a third country where the special conditions of GDPR Art. 44 et seq. exist. This means, for example, that the processing takes place on the basis of special guarantees, such as an officially recognised level of data protection (e.g. the use of "Privacy Shield” in the US) or compliance with officially recognised special contractual obligations (so-called "standard contractual clauses").
Rights of Data Subjects
Pursuant to GDPR Art. 15, you have the right to ask for confirmation as to whether data concerning you is being processed and for details about this data; you also have the right to ask for further information and a copy of the data.
In accordance with GDPR Art. 16, you have the right to demand the completion of incomplete data or the correction of the incorrect data concerning you.
In accordance with GDPR Art. 17, you have the right to demand that data concerning you be deleted without undue delay or – alternatively and pursuant to GDPR Art. 18 – the right to demand a restriction of the processing of your data.
Pursuant to GDPR Art. 20, you have the right to demand that data concerning you, which you have provided to us, be given to you as well as the right to request their transmission to other controllers.
Pursuant to GDPR Art. 77, you have the right to lodge a complaint with the competent supervisory authority.
Right to Withdraw
You have the right to withdraw previously granted consent with effect for the future pursuant to GDPR Art. 7 para. 3
Right to Object
Pursuant to GDPR Art. 21, you can object to the future processing of your data at any time. The objection may, in particular, be made against processing for direct marketing purposes.
Cookies and the Right to Object in Direct Marketing
“Cookies" are defined as small files that are stored on users' computers. Different information can be stored within the cookies. A cookie is primarily used to store the information about a user (or the device on which the cookie is stored) during or after a visit to an online platform. Temporary cookies – "session cookies" or "transient cookies” – are cookies that are deleted after a user leaves an online platform and closes his or her browser. Such a cookie can save, for example, the content of a shopping cart in an online store or a login status. The term "permanent" or "persistent" refers to cookies that remain stored even after the browser has been closed. For example, a login status might be saved if a user visits a site after several days. Likewise, such a cookie might store information about user interests, which is used for reach measurement or marketing purposes. A "third-party cookie" refers to cookies that are offered by providers other than the controller who manages the online service (otherwise, when referring only to the controller's own cookies the term "first-party cookies” is used).
If users do not want cookies stored on their computer, they will be asked to disable the option in their browser's system settings. Saved cookies can be deleted in the browser’s system settings. The exclusion of cookies can lead to functional restrictions to our online services.
Erasure of Data
In accordance to legal requirements in Germany, the data is stored for 10 years pursuant to AO sections 147 para. 1, 257 para. 1 no. 1 and 4, and HGB para. 4 (books, records, management reports, accounting documents, trading books, documents relevant for tax purposes, etc.) and for 6 years pursuant to HGB section 257 para. 1 no. 2 and 3 and para. 4 (commercial letters).
In accordance to legal requirements in Austria, the data is stored for 7 years pursuant to BAO section 132 para. 1 (accounting documents, receipts/invoices, accounts, receipts, business papers, income statements and expenses, etc.), for 22 years for documents related to real estate, and for 10 years in the case of documents relating to electronically supplied services, telecommunications, broadcasting and television services provided to non-entrepreneurs in EU Member States and for which the Mini One Stop Shop (MOSS) is used.
In accordance with legal requirements, we only process applicant data for the purpose and in the context of the application process. Applicant data is processed in order to fulfil our (pre-)contractual obligations in the context of the application process in the sense of GDPR Art. 6(1)(b) and Art. 6(1)(f) insofar as the data processing is required by us – e.g., in the context of legal procedures (in Germany BDSG section 26 also applies).
The application process requires applicants to provide us with applicant data. The necessary applicant data is marked in cases where we offer an online form; otherwise, it results from the job descriptions and basically includes personal details, postal and contact addresses, and the application documents such as cover letters, CV, and certificates.
In addition, applicants can voluntarily provide us with additional information.
Insofar as special categories of personal data in the sense of GDPR Art. 9(1) are voluntarily communicated within the framework of the application process, their processing is additionally carried out in accordance with GDPR Art. 9(2)(b) (e.g. health data, such as a disability or ethnic origin). Insofar as special categories of personal data in the sense of GDPR Art. 9(1) are requested from applicants in the context of the application process, their processing is additionally carried out in accordance with GDPR Art. 9(2)(a) (e.g. health data, if necessary for the profession).
If available, applicants can submit their applications to us via an online form on our website. The data will be encrypted and transmitted to us according to the state of the art.
Furthermore, applicants can send us their applications via e-mail. Please note, however, that e-mails are generally not sent in encrypted form and that applicants themselves must provide encryption. We can, therefore, take no responsibility for the transmission of the application between the sender and its reception on our server; and we, thus, recommend that applicants use the online form or postal delivery. Aside from applying via the online form and e-mail, applicants still have the opportunity to send us their applications by post.
In the event of a successful application, the data provided by the applicant may be further processed by us for employment purposes. Otherwise, if a job application is not successful, the applicants' data will be deleted. Applicants' data will also be deleted if an application is withdrawn, which the applicants are entitled to do at any time.
The deletion is subject to a legitimate withdrawal of the candidate, after the expiration of a period of six months, so that we can answer any follow-up questions concerning the application and meet our obligations under the Equal Treatment Act. Invoices for any reimbursement of travel expenses are archived in accordance with tax regulations.
When contacting us (e.g. via contact form, e-mail, telephone or social media), the information provided by the user in order to process the contact request and its handling is processed according to GDPR Art. 6(1)(b) (in the context of contractual/pre-contractual relationships), Art. 6(1)(f) (other requests). User information can be stored in a Customer Relationship Management System (CRM System) or similar request management system.
We delete the requests when they are no longer required. We check their necessity every two years; furthermore, the legal archiving obligations apply.
The following information provides details about the contents of our newsletter as well as the registration, dispatch, and statistical evaluation procedures and your right to object. By subscribing to our newsletter, you agree to the receipt of the letter and the procedures described.
Content of the newsletter: We only send newsletters, e-mails and other electronic notifications with advertising information (hereinafter "newsletter") with the consent of the recipient or a legal permission. Insofar as the contents of the newsletter are concretely described in the context of registration for the newsletter, this description is essential for the user’s consent. Incidentally, our newsletter contains information about us and our services.
Double opt-in and logging: Registration for our newsletter is done by means of a so-called double-opt-in procedure. This means that after signing up, you will receive an e-mail asking you for confirmation of your registration. This confirmation is necessary so that no one will be able to register with an external e-mail address. This registration for the newsletter will be logged in order to prove the registration process occurred according to the legal requirements. This includes the storage of login and confirmation time as well as the IP address. Likewise, changes to your data stored with shipping service providers will be logged.
Registration details: Entering your email address is sufficient to subscribe to the newsletter. Optionally, we ask you to provide a name so that we may address you personally in the newsletter.
The dispatch of the newsletter and the associated measurement of its performance are based on the recipient's consent in accordance with GDPR Art. 6(1)(a), GDPR Art. 7 in connection with UWG section 7 para. 2 no. 3, or – if consent is not required based on our legitimate interests in direct marketing – GDPR Art. 6(1)(f) in connection with UWG section 7 para. 3.
The logging of the registration process is based on our legitimate interests in accordance with GDPR Art. 6(1)(f). Our interest lies in the use of a user-friendly and secure newsletter system, which serves both our business interests and the expectations of the users and also allows us to prove consent.
Termination/Withdrawal - You can cancel the receipt of our newsletter at any time (i.e., withdraw your consent). A link to cancel the newsletter can be found at the end of each newsletter. On the basis of our legitimate interests, we may save the submitted email addresses for up to three years before we delete them in order to provide evidence for prior consent. The processing of this data is limited to the purpose of a possible defence against claims. An individual request for erasure is possible at any time, provided that at the same time the former existence of consent is confirmed.
Hosting and E-mailing
The hosting services we use are designed to provide the following services: infrastructure and platform services, computing capacity, storage and database services, e-mailing, security and technical maintenance services that we use to operate our online services.
Here, we (or our hosting provider) process inventory data, contact data, content data, contract data, usage data, and the meta and communication data of customers, interested parties and visitors to our online platform on the basis of our legitimate interests in an efficient and secure provision of the online service in accordance with GDPR Art. 6(1)(f) in conjunction with GDPR Art. 28 (conclusion of an order processing contract).
Collection of Access Data and Log Files
We (or our hosting provider) collect access data for the server on which our online platform is provided (so-called server log files) on the basis of our legitimate interests within the sense of GDPR Art. 6(1)(f). The access data includes name of the retrieved web page, the file, the date and time of retrieval, the amount of data transferred, messages about successful retrieval, the browser type and version, the user's operating system, the referrer URL (the previously visited page), the IP address and the requesting provider.
Log file information is stored for security reasons (e.g., to investigate abusive or fraudulent activities) for a maximum of 7 days and then deleted. Data whose further retention is required for evidential purposes shall be exempted from deletion until final clarification of the incident.
Google is certified under the Privacy Shield Agreement, which provides a guarantee of compliance with European privacy legislation (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
Google uses this information on our behalf to evaluate the use of our online services by users, to compile reports on the activities within our online platform, and to provide us with further services related to internet usage and the use of our online platform. In this case, pseudonymous usage profiles of the users may be created from the processed data.
We only use Google Analytics with activated IP anonymisation. This means that, within member states of the European Union or in other contracting states of the European Economic Area’s agreement, Google will shorten the user's IP address. Only in exceptional cases will the full IP address be sent to a Google server in the US and shortened there.
The IP address submitted by the user's browser will not be merged with other data provided by Google. Users can prevent the storage of cookies by setting their browser software accordingly; users may also prevent Google's collection of data generated by cookies and related to their use of the online services as well as Google's processing of such data by downloading and installing the browser plug-in available at the following link: http://tools.google.com/dlpage/gaoptout?hl=de.
The personal data of users will be deleted or anonymised after 14 months.
Google Universal Analytics
We use the “Universal Analytics” configuration of Google Analytics. "Universal Analytics" is a process of Google Analytics, in which the user analysis is based on a pseudonymous user ID and thus a pseudonymous profile of the user with information from the use of different devices (so-called "cross-device tracking") is created.
Google AdWords and Conversion Tracking
We use the services of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA ("Google") on the basis of our legitimate interests (i.e., interest in the analysis, optimisation and economic operation of our online services in the sense of GDPR Art. 6 (1)(f)).
Google is certified under the Privacy Shield Agreement, which provides a guarantee of compliance with European privacy legislation (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
We use Google's online marketing tool "AdWords" to place ads on the Google advertising network (e.g., in search results, in videos, on websites, etc.) so that they are displayed to users who have a suspected interest in these ads. This allows us to display more focused ads for our online platform and within our online platform so that we only present users with ads that potentially match their interests. For example, if a user sees ads for products he or she has been looking for on other online platforms, this is called remarketing. For these purposes, upon accessing our website and other websites where the Google advertising network is active, Google will immediately execute a Google code and so-called (re)marketing tags (invisible graphics or code, also known as "web beacons") will be incorporated into the website. With the help of these remarketing tags an individual cookie – i.e. a small file – will be stored (instead of cookies, comparable technologies can also be used). The websites the user visited, the content he or she is interested in, and the offers he or she has clicked is noted in this file; additionally, technical information about the browser and operating system, referring websites, time of visit and other information on the use of the online platform is noted.
Furthermore, we receive an individual "conversion cookie". The information obtained through the cookie is used by Google to generate conversion statistics for us. We, however, only receive an anonymous total number of users who clicked on our ad and were redirected to a conversion tracking tag page. We do not receive any information that personally identifies users.
The data of the users are pseudonym processed within the Google advertising network. This means that Google, for example, does not store and process users' names or e-mail addresses, but rather only processes relevant data from cookies within pseudonymous user profiles. This means that, from the perspective of Google, the ads are managed and displayed to the cookie owner – regardless of who that cookie owner is – rather than to a specifically identified person. This does not apply if a user has explicitly allowed Google to process their data without this pseudonymisation. The information collected about users is transferred to Google and stored on Google's servers in the United States.
Integration of Services and Content from Third Parties
Based on our legitimate interests (i.e., interest in the analysis, optimisation and economic operation of our online services in the sense of GDPR Art. 6(1)(f)), we make use of content or services offered by third-party providers in order to integrate their content and services, such as videos or fonts (hereinafter, collectively referred to as "content").
This always presupposes that the third-party providers of this content obtain users’ IP addresses, since they could not send the content to the user's browser without the IP address. The IP address is, therefore, required for the display of this content. We endeavour to use only content whose respective providers use IP addresses solely for the delivery of content. Third parties may also use so-called pixel tags (invisible graphics, also referred to as "web beacons") for statistical or marketing purposes. The "pixel tags" can be used to evaluate information such as visitor traffic to the pages of this website. The pseudonymous information may also be stored in cookies on the user's device and may include, but is not limited to, technical information about the browser and operating system, referring web pages, time of visit, and other information regarding the use of our online services.