Privacy policy

In accordance with the legal requirements of data protection law (in particular the German Federal Data Protection Act (BDSG) as amended and the European General Data Protection Regulation (GDPR)), we inform you below about the nature, scope and purpose of the processing of personal data by our company. This privacy policy also applies to our websites and social media profiles. With regard to the definition of terms such as "personal data" or "processing", we refer to Art. 4 GDPR.

 Name and contact details of the person(s) responsible

Our responsible person(s) (hereinafter "responsible person") within the meaning of Art. 4 fig. 7 GDPR is:

Eurofins PHAST GmbH
Kardinal-Wendel-Str. 16
66424 Homburg, Germany
Managing Director Dr. Tomasz Bednarczyk, Walter Lauer
Commercial register/No.: HRB 13440
Registry Court: Amtsgericht Saarbrücken
E-Mail: phast@eurofins.com

Data Protection Officer
Matthias Stumpf
EurofinsFinanceTransaction Germany GmbH
Datenschutz
Am Neuländer Gewerbepark 1
21076 Hamburg, Germany

E-Mail-Adresse: matthias.stumpf@sc.eurofinseu.com

Phone: +49 (0)160 6265698

Types of data, purposes of processing and categories of data subjects

In the following, we inform you about the type, scope and purpose of the collection, processing and use of personal data.

  1. Types of data we process
    Usage data (access times, websites visited, etc.), inventory data (name, address, etc.), contact data (telephone number, e-mail, fax, etc.), payment data (bank data, account data, payment history, etc.), contract data (subject of the contract, term, etc.), communication data (IP address, etc.),

    2. purposes of the processing according to Art. 13 (1) c) GDPR
    Processing of contracts, Optimizing website technically and economically, Providing easy access to the website, Fulfilling contractual obligations, Contacting third parties in the event of legal complaints, Fulfilling legal retention obligations, Optimizing and statistically evaluating our services, Supporting commercial use of the website, Improving user experience, Making the website user-friendly, Economic operation of advertising and website, Marketing / sales / advertising, Compiling statistics, Preventing SPAM and misuse, Customer service and customer care, Processing contact inquiries, Providing websites with functions and content, Security measures, Uninterrupted, secure operation of our website.

    3. categories of data subjects according to Art. 13(1)(e) GDPR
    Visitors/users of the website, customers, interested parties, employees, employees of customers or suppliers

The persons concerned are collectively referred to as "users".

Legal basis for the processing of personal data

Below we inform you about the legal basis for the processing of personal data:

  1. If we have obtained your consent for the processing of personal data, Art. 6 para. 1 p. 1 lit. a) GDPR is the legal basis.
  2. If the processing is necessary for the performance of a contract or for the implementation of pre-contractual measures that take place at your request, the legal basis is Art. 6 (1) p. 1 lit. b) GDPR.
  3. If the processing is necessary for the fulfillment of a legal obligation to which we are subject (e.g. legal retention obligations), the legal basis is Art. 6 (1) p. 1 lit. c) GDPR.
  4. If the processing is necessary to protect the vital interests of the data subject or another natural person, the legal basis is Art. 6 (1) p. 1 lit. d) GDPR.
  5. If the processing is necessary to protect our legitimate interests or the legitimate interests of a third party and your interests or fundamental rights and freedoms do not override this, then Art. 6 para. 1 sentence 1 lit. f) GDPR is the legal basis.

Disclosure of personal data to third parties and processors

As a matter of principle, we do not pass on any data to third parties without your consent. Should this nevertheless be the case, then the disclosure will be made on the basis of the previously mentioned legal grounds, e.g. in the case of the disclosure of data to online payment providers for the fulfillment of the contract or due to a court order or because of a legal obligation to hand over the data for the purpose of criminal prosecution, to avert danger or to enforce intellectual property rights.
We also use processors (external service providers, e.g. for web hosting of our websites and databases) to process your data. If data is passed on to the processors as part of a contract processing agreement, this is always done in accordance with Art. 28 GDPR. In doing so, we carefully select our processors, regularly monitor them and have been granted a right to issue instructions regarding the data. In addition, the processors must have taken suitable technical and organizational measures and comply with the data protection regulations according to the German BDSG n.F. and GDPR.

Data transfer to third countries

The adoption of the European General Data Protection Regulation (GDPR) has created a uniform basis for data protection in Europe. Your data is therefore predominantly processed by companies to which GDPR applies. If, however, processing is carried out by services of third parties outside the European Union or the European Economic Area, these must meet the special requirements of Art. 44 et seq. GDPR. This means that the processing takes place on the basis of special guarantees, such as the officially recognized determination by the EU Commission of a level of data protection corresponding to the EU or the observance of officially recognized special contractual obligations, the so-called "standard contractual clauses". In the case of U.S. companies, submission to the so-called "Privacy Shield", the data protection agreement between the EU and the U.S., fulfills these requirements.

Deletion of data and storage period

Unless expressly stated in this privacy policy, your personal data will be deleted or blocked as soon as the purpose for storing it no longer applies, unless its further storage is required for evidence purposes or is contrary to statutory retention obligations. This includes, for example, retention obligations under commercial law for business letters in accordance with Section 257 (1) of the German Commercial Code (HGB) (6 years) and retention obligations under tax law for documents in accordance with Section 147 (1) of the German Fiscal Code (AO) (10 years). If the prescribed retention period expires, your data will be blocked or deleted, unless the storage is still necessary for the conclusion or fulfillment of a contract.

Existence of automated decision making

We do not use automated decision making or profiling.

Provision of our website and creation of log files

  1. If you only use our website for informational purposes (i.e. no registration and no other transmission of information), we only collect the personal data that your browser transmits to our server. If you wish to view our website, we collect the following data:
  • • IP address;
    • User's Internet service provider;
    • Date and time of retrieval;
    • Browser type;
    • Language and browser version;
    • Retrieval content;
    • Time zone;
    • Access status/HTTP status code;
    • Data volume;
    • Websites from which the request comes;
    • Operating system.

A storage of these data together with other personal data of you does not take place.

  1. This data is used for the purpose of user-friendly, functional and secure delivery of our website to you with functions and content, as well as its optimization and statistical evaluation.
  2. The legal basis for this is our legitimate interest in data processing, which also lies in the above purposes, in accordance with Art. 6 (1) sentence 1 lit. f) GDPR.
  3. For security reasons, we store this data in server log files for a period of days. After this period, they are automatically deleted, unless we need to keep them for evidence purposes in the event of attacks on the server infrastructure or other legal violations.

Cookies

  1. We use so-called cookies when you visit our website. Cookies are small text files that your Internet browser places and stores on your computer. When you visit our website again, these cookies provide information to automatically recognize you. The information obtained in this way serves the purpose of technically and economically optimizing our web offers and providing you with easier and more secure access to our website. When you access our website, we will inform you by means of a reference to our data protection declaration about the use of cookies for the purposes mentioned above and how you can object to this or prevent their storage ("opt-out"). Our website uses session cookies, persistent cookies and cookies from third-party providers:

    Session-Cookies: We use so-called cookies to recognize multiple use of an offer by the same user (e.g. if you have logged in to determine your login status). When you visit our site again, these cookies provide information to automatically recognize you. The information thus obtained is used to optimize our offers and to provide you with easier access to our site. When you close the browser or you log out, the session cookies are deleted.

    • Persistent cookies: These are automatically deleted after a specified duration, which may differ depending on the cookie. You can delete the cookies at any time in the security settings of your browser.

    • Third-party cookies: According to your preferences, you can configure your browser settings and, for example, refuse to accept third-party cookies or all cookies. However, we would like to point out at this point that you may then not be able to use all the functions of this website. Read more about these cookies in the respective privacy statements of the third-party providers.
  2. The legal basis for this processing is Art. 6 para. 1 p. lit. b) GDPR, if the cookies are set to initiate a contract, e.g. for orders, and otherwise we have a legitimate interest in the effective functionality of the website, so that in the case Art. 6 para. 1 p. 1 lit. f) GDPR is the legal basis.
  3. Objection and "Opt-Out":You can generally prevent cookies from being stored on your hard drive by selecting "do not accept cookies" in your browser settings. However, this may result in a functional restriction of our offers. You can prevent the use of cookies from third parties for advertising purposes via a so-called "opt-out" via this American website. (https://optout.aboutads.info) or this European website (http://www.youronlinechoices.com/de/praferenzmanagement/) widersprechen.

Processing contracts

  1. We process inventory data (e.g. company, title/academic degree, names and addresses as well as contact data of users, e-mail), contract data (e.g. services used, names of contact persons) and payment data (e.g. bank details, payment history) for the purpose of fulfilling our contractual obligations (knowledge of who is a contracting party; justification, content and execution of the contract; checking the plausibility of the data) and services (e.g. contacting customer service) in accordance with Art. 6 para. 1 p. 1 lit b) GDPR. The entries marked as mandatory in online forms are required for the conclusion of the contract.
  2. In principle, this data is not passed on to third parties, unless it is necessary for the pursuit of our claims (e.g. transfer to lawyer for collection) or for the fulfillment of the contract (e.g. transfer of data to payment provider) or there is a legal obligation to do so pursuant to Art. 6 para. 1 p. 1 lit. c) GDPR.
  3. We may also process the data you provide to inform you about other interesting products from our portfolio or to send you e-mails with technical information.
  4. The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. This is the case for inventory and contract data when the data is no longer required for the performance of the contract and claims can no longer be asserted under the contract because they are time-barred (warranty: two years / standard limitation period: three years). We are obliged by commercial and tax law to store your address, payment and order data for a period of ten years. However, we restrict processing after three years if the contract is terminated, i.e. your data is only used to comply with legal obligations. Details in the user account remain until its deletion.

Contact us via contact form / e-mail / fax / Mail

  1. When contacting us via contact form, fax, mail or e-mail, your information will be processed for the purpose of handling the contact request.
  2. The legal basis for the processing of data is Art. 6 para. 1 p. 1 lit. a) GDPR if you have given your consent. The legal basis for the processing of data transmitted in the course of a contact request or e-mail, letter or fax is Art. 6 (1) S. 1 lit. f) GDPR. The responsible party has a legitimate interest in processing and storing the data in order to be able to respond to user inquiries, to preserve evidence for liability reasons and, if necessary, to be able to comply with its statutory retention obligations for business letters. If the contact aims at the conclusion of a contract, the additional legal basis for the processing is Art. 6 para. 1 p. 1 lit. b) GDPR.
  3. We may store your information and contact request in our customer relationship management system ("CRM System") or a comparable system.
  4. The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. For the personal data from the input mask of the contact form and those sent by e-mail, this is the case when the respective conversation with you has ended. The conversation is ended when it is clear from the circumstances that the matter in question has been conclusively clarified. We store inquiries from users who have an account or contract with us until two years after termination of the contract. In the case of legal archiving obligations, the deletion takes place after their expiry: End of commercial law (6 years) and tax law (10 years) retention obligation.
  5. You have the option to revoke your consent to the processing of personal data in accordance with Art. 6 (1) p. 1 lit. a) GDPR at any time. If you contact us by e-mail, you can object to the storage of personal data at any time.

Contact by phone

  1. When contacting us by phone, your phone number will be processed and temporarily stored or displayed in the RAM / cache of the phone device / display for processing the contact request and its handling. The storage takes place for liability and security reasons, in order to be able to lead the proof of the call as well as for economic reasons, in order to make a recall possible. In the case of unauthorized advertising calls, we block the phone numbers.
  2. The legal basis for the processing of the telephone number is Art. 6 para. 1 p. 1 lit. f) GDPR. If the contact aims at the conclusion of a contract, the additional legal basis for the processing is Art. 6 para. 1 lit. b) GDPR.
  3. The device cache stores the calls days and successively overwrites or deletes old data, when the device is disposed of, all data is deleted and the memory is destroyed if necessary. Blocked phone numbers are checked annually for the need to block them.
  4. You can prevent the phone number from being displayed by calling with suppressed phone number.

Newsletter

  1. You can subscribe to our newsletter with your voluntary consent by entering your e-mail address. Only this is mandatory. The provision of further data is voluntary and serves only the purpose of a personal address. We use the so-called "double opt-in procedure" for registration. After your registration with your e-mail, you will receive an e-mail from us with a confirmation link to confirm your registration. If you click on this confirmation link, your e-mail will be added to the newsletter distribution list and stored for the purpose of sending e-mails. If you do not click on the confirmation link within hours, your registration data will be blocked and automatically deleted after days.
  2. In addition, we log your IP address used for registration as well as the date and time of the double opt-in (registration and confirmation). The purpose of this storage is the fulfillment of legal requirements regarding the proof of your registration as well as the prevention of abuse regarding your e-mail address.
  3. Within the scope of your declaration of consent, the contents (e.g. advertised products/services, offers, advertising and topics) of the newsletter are described in concrete terms.
  4. When sending the newsletter, we evaluate your user behavior. For this purpose, the newsletters contain so-called "web beacons" or "tracking pixels" that are called up when the newsletter is opened. For the analyses, we link the web beacons with your e-mail address and an individual ID. Links received in the newsletter also contain this ID. The data is collected exclusively pseudonymously, i.e. the IDs are not linked to your other personal data, and direct personal reference is excluded. With this data, we can determine whether and when you have opened the newsletter and which links in the newsletter have been clicked. This serves the purpose of optimizing and statistically evaluating our newsletter.
  5. We create a user profile with the data obtained above in order to identify the reading habits and interests of our users and thus to individualize the newsletter. If you have also taken further actions on our website, we also link this data with it in order to adapt our newsletter content to your interests.
  6. The legal basis for sending the newsletter, measuring success and storing the e-mail is your consent pursuant to Art. 6 (1) p. 1 lit. a) GDPR in conjunction with Section 7 (2) No. 3 UWG and for logging consent Art. 6 (1) p. 1 lit. f) GDPR, as this serves our legitimate interest of legal provability.
  7. You can object to the tracking at any time by clicking the unsubscribe link at the end of the newsletter. In this case, however, the receipt of the newsletter would also be terminated. If you deactivate the display of images in your e-mail software, tracking is also not possible. However, this may have restrictions with regard to the functions of the newsletter and included images will then not be displayed.
  8. You can revoke your consent to receive the newsletter at any time. You can exercise the revocation by pressing the unsubscribe link at the bottom of the newsletter, an email or message to our contact details above. We store your data as long as you have subscribed to the newsletter. After unsubscribing, your data will only be stored anonymously for statistical purposes.

Google Ads with Conversion-Tracking

  1. We use the service "Google Ads with Conversion Tracking" (Google Ireland Limited, Reg. No.: 368047, Gordon House, Barrow Street, Dublin 4, Ireland) to draw attention to our website on third-party websites by means of an advertisement. When you click on a Google ad from us, a cookie is stored in your browser, which is valid for about 30 days. If you then visit our website, we and Google can use the cookie to evaluate whether you have visited our website and which of our pages you have visited. Google creates statistics about this. The full extent of the data processing is not known to us. The data is also transferred to the USA and analyzed there. If you are logged in with a Google account, AdWords can assign the data to your account. If you do not want this, you must log out before visiting our website. This conversion tracking serves the purpose of analyzing, optimizing and economically operating our advertising and website.
  2. The legal basis for the processing of your data is our legitimate interest in the analysis, optimization and economic operation of our advertising and website pursuant to Art. 6 para. 1 p. 1 lit. f) GDPR.
  4. You can object to or prevent the installation of cookies by Google in various ways:

    You can disable cookies in your browser by setting "do not accept cookies", setting, which includes third-party cookies;

    • You can go directly to Google via the link https://adssettings.google.com deactivate conversion tracking, whereby this setting is only valid until you delete your cookies..

    • You can use the personalized third party advertisements , who participate in the advertising self-regulation initiative "About Ads" via the link https://optout.aboutads.info for U.S. sites or for EU sites at http://www.youronlinechoices.com/de/praferenzmanagement/ disable this setting only until you delete all your cookies;

    • You can permanently disable cookies by using a browser-plug-in for Chrome, Firefox or Internet Explorer under the link https://support.google.com/ads/answer/7395996 deactivating cookies permanently. This deactivation may have the consequence that you can no longer fully use all functions of our website.
  5. For more information, please see Google's privacy policy at https://policies.google.com/privacy?hl=de&gl=de and https://services.google.com/sitestats/de.html.



Social media presence

  1. We maintain profiles or fan pages in social media in order to communicate with the users connected and registered there and to provide information about our products, offers and services.
  2. We process the data you send us via these networks in order to communicate with you and to reply to your messages there.
  3. The legal basis for the processing of personal data is our legitimate interest in communicating with users and our external presentation for the purpose of advertising in accordance with Art. 6 para. 1 p. 1 lit. f) GDPR. Insofar as you have given your consent to the responsible party of the social network to process your personal data, the legal basis is Art. 6 para. 1 p. 1 lit. a) and Art. 7 GDPR.
  4. The data protection notices, information options and objection options (opt-out) of the respective networks can be found here:

    Facebook (Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Irland) Privacy policy: https://www.facebook.com/about/privacy/, Opt-Out: https://www.facebook.com/settings?tab=ads und http://www.youronlinechoices.com, Privacy Shield: https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active.

Rights of the person concerned

  1. Objection or revocation against the processing of your data
    As far as the processing is based on your consent according to Art. 6 para. 1 p. 1 lit. a), Art. 7 GDPR, you have the right to revoke the consent at any time. The lawfulness of the processing carried out on the basis of the consent until the revocation is not affected by this.

    Insofar as we base the processing of your personal data on the balance of interests pursuant to Art. 6 (1) p. 1 lit. f) GDPR, you may object to the processing. This is the case if the processing is not necessary, in particular, for the performance of a contract with you, which is presented by us in each case in the following description of the functions. When exercising such an objection, we ask you to explain the reasons why we should not process your personal data as we have done. In the event of your justified objection, we will review the situation and either discontinue or adapt the data processing or show you our compelling legitimate grounds on the basis of which we will continue the processing.

    You may object to the processing of your personal data for purposes of advertising and data analysis at any time. You can exercise the right of objection free of charge. You can inform us about your advertising objection under the following contact details:

    Eurofins PHAST GmbH
    Kardinal-Wendel-Str. 16
    66424 Homburg, Germany
    Managing Director: Dr. Tomasz Bednarczyk, Walter Lauer
    Commercial register/No.: HRB 13440
    Registry court: Amtsgericht Saarbrücken
    Fax: +49 (0) 6841 9242-888
    E-Mail-Adresse: phast[at]eurofins.com
  2. Right of information
    You have the right to request confirmation from us as to whether personal data relating to you is being processed. If this is the case, you have a right to information about your personal data stored by us in accordance with Art. 15 GDPR. This includes, in particular, information about the processing purposes, the category of personal data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, the origin of your data if it has not been collected directly from you.
  3. Right of correction
    You have a right to correct inaccurate data or to complete correct data according to Art. 16 GDPR.
  4. Right of deletion
    You have a right to have your data stored by us deleted in accordance with Art. 17 GDPR, unless legal or contractual retention periods or other legal obligations or rights to further storage stand in the way of this.
  5. Right of restriction
    You have the right to request a restriction in the processing of your personal data if one of the conditions in Art. 18 (1) a) to d) GDPR is met:
    If you contest the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data;

    • the processing is unlawful and you object to the erasure of the personal data and request instead the restriction of the use of the personal data;

    • the controller no longer needs the personal data for the purposes of processing, but you need them for the assertion, exercise or defense of legal claims, or

    • if you have objected to the processing pursuant to Art. 21 (1) GDPR and it is not yet clear whether the controller's legitimate grounds override your grounds.
  6. Right of data portability
    You have a right to data portability under Art. 20 GDPR, which means that you can obtain the personal data we hold about you in a structured, commonly used and machine-readable format or request that it be transferred to another controller.
  7. Right of complaint
    You have a right to complain to a supervisory authority. As a rule, you can contact the supervisory authority for this purpose, in particular in the Member State of your residence, workplace or the place of the alleged infringement.

Data security

In order to protect all personal data transmitted to us and to ensure that the data protection regulations are complied with by us, but also by our external service providers, we have taken appropriate technical and organizational security measures. Therefore, among other things, all data is transmitted between your browser and our server via a secure SSL connection encrypted.

Status: 25.09.2019

Quelle: Muster-Datenschutzerklärung von JuraForum.de