Data protection declaration

In accordance with the legal requirements of the data protection law (in particular the BDSG as amended and the European “General Data Protection Regulation (GDPR)”), we inform you below about the type, 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.

Germany

Dr. Wittner GmbH
Wollhausstr. 147
D – 74074 Heilbronn
Fon: +49(0)7131 89 89 145
Fax: +49(0)7131 89 89 148
E-Mail: heilbronn@foscon.net
Geschäftsführer: Dr. Robert Wittner
USt-IdNr.: DE248352752

Simone Hoffmann
Staatlich geprüfte Lebensmittelchemikerin
Gegen Eich 17/1
71640 Ludwigsburg
Telefon: +49 (0)7141 / 505 398-0
E-Mail: s.hoffmann@foscon.de
USt-IdNr.: DE313785095

Dr. Bernd Brüger
Staatlich geprüfter Lebensmittelchemiker
Lohsteige 10
74199 Untergruppenbach
Fon:   +49(0)7131 7247273
Mobil: +49(0)152 56876449
E-Mail: b.brueger@foscon.de
USt-IdNr.: DE340742970


Switzerland

Dr. Richard Robbiani
Weinbergstrasse 12
CH – 8623 Wetzikon
Fon: +41(0)79 404 7275
E-Mail: r.robbiani@foscon.net

Sarah Robbiani
Berglistrasse 22A
CH – 8623 Wetzikon
Tel: +41(0)79 819 92 22
e-mail: s.robbiani@foscon.net



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.), content data (text entries, videos, photos, etc.), communication data (IP address, etc.),

2. Purposes of the processing pursuant to Art. 13 (1) c) GDPR
Settlement of contracts, evidence purposes / preservation of evidence, optimising the website technically and economically, enabling easy access to the website, fulfilling contractual obligations, contacting third parties in the event of legal complaints, fulfilling legal retention obligations, optimising and statistically evaluating our services, supporting commercial use of the website, improving user experience, making the website user-friendly, economic operation of the advertising and website, marketing / sales / advertising, compiling statistics, determining the likelihood of texts being copied, avoiding SPAM and misuse, handling an applicant procedure, customer service and customer care, handling contact enquiries, 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, suppliers, interested parties, applicants, employees, employees of customers or suppliers,Visitors/users of the website, customers, suppliers, interested parties, applicants, employees, employees of customers or suppliers,

The data subjects are collectively referred to as “users”.

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

  1. Wenn wir Ihre Einwilligung für die Verarbeitung personenbezogenen Daten eingeholt haben, ist Art. 6 Abs. 1 S. 1 lit. a) DS-GVO
  1. If we have obtained your consent for the processing of personal data, Art. 6 (1) sentence 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 which are carried out at your request, Art. 6 (1) p. 1 lit. b) GDPR is the legal basis.
  3. If the processing is necessary for the fulfilment of a legal obligation to which we are subject (e.g. statutory retention obligations), Art. 6 (1) p. 1 lit. c) GDPR is the legal basis.
  4. If the processing is necessary to protect the vital interests of the data subject or another natural person, Art. 6 (1) sentence 1 lit. d) GDPR is the legal basis.
  5. If the processing is necessary to protect our or a third party’s legitimate interests and your interests or fundamental rights and freedoms do not override this, Art. 6 (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 is made on the basis of the aforementioned legal grounds, e.g. in the case of the disclosure of data to online payment providers for the fulfilment of a 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 select our processors carefully, monitor them regularly and have been granted a right to issue instructions regarding the data. In addition, the processors must have taken suitable technical and organisational measures and comply with the data protection regulations according to 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 the GDPR applies. However, if 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 recognised determination by the EU Commission of a level of data protection corresponding to the EU or the observance of officially recognised special contractual obligations, the so-called “standard contractual clauses”. For US companies, submission to the so-called “Privacy Shield”, the data protection agreement between the EU and the USA, fulfils these requirements.


Deletion of data and storage period

Unless expressly stated in this data protection declaration, your personal data will be deleted or blocked as soon as the purpose for storing it no longer applies, unless its continued storage is necessary for evidence purposes or is contrary to statutory storage obligations. This includes, for example, retention obligations under commercial law for business letters according to § 257 para. 1 HGB (6 years) as well as retention obligations under tax law according to § 147 para. 1 AO for receipts (10 years). When the prescribed retention period expires, your data will be blocked or deleted unless the storage is still necessary for the conclusion or fulfilment 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;

This data is not stored together with other personal data about you.

  • Internet service provider of the user;
  • Date and time of access;
  • Browser type;
  • language and browser version;
  • Content of the retrieval;
  • Time zone;
  • Access status/HTTP status code;
  • Amount of data;
  • Websites from which the request came;
  • Operating system.

This data is not stored together with other personal data about you.

2. This data serves the purpose of user-friendly, functional and secure delivery of our website to you with functions and content as well as its optimisation and statistical evaluation.

3. The legal basis for this is our legitimate interest in data processing in accordance with Art. 6 (1) sentence 1 lit. f) DS-GVO.

4. For security reasons, we store this data in server log files for a storage period of 70 days. After this period, they are automatically deleted, unless we need to store 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 call up our website again, these cookies emit information in order to recognise you automatically. The information obtained in this way is used to optimise our web offers technically and economically and to provide you with easier and safer 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 aforementioned purposes and how you can object to this or prevent their storage (“opt-out”). Our website uses session cookies, persistent cookies and third-party cookies:
  • Session cookies: We use so-called cookies to recognise 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 recognise you. The information obtained in this way is used to optimise our offers and to provide you with easier access to our site. When you close the browser or log out, the session cookies are deleted.
  • Persistent cookies: These are automatically deleted after a predefined period of time, 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: You can configure your browser settings according to your wishes 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 (1) sentence b) DS-GVO 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 this case Art. 6 (1) sentence f) DS-GVO is the legal basis.
¨C18C

Contract settlement

  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). bank details, payment history) for the purpose of fulfilling our contractual obligations (knowledge of who is a contractual partner; justification, content and processing of the contract; checking the plausibility of the data) and services (e.g. contacting customer service) in accordance with Art. 6 Para. 1 S. 1 lit b) DS-GVO. The entries marked as mandatory in online forms are required for the conclusion of the contract.
  2. This data is not passed on to third parties, unless it is necessary for the pursuit of our claims (e.g. transfer to a lawyer for debt collection) or for the fulfilment of the contract (e.g. transfer of data to a payment provider) or if there is a legal obligation to do so in accordance with Art. 6 Para. 1 S. 1 lit. c) DS-GVO.
  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 it is deleted.¨C27C

Use of the blog functions / comments

  1. You can make public comments on our blog, which contains posts about topics on our website. You can use a pseudonym instead of a real name. Your contribution will then be published under the pseudonym. Providing your email address is mandatory, all other information is voluntary.
  2. When you post a comment, we store your IP address with the date and time, which we delete after 70 days. The storage serves the legitimate interest of defending against claims by third parties in the event that you publish unlawful or untrue content. We store your e-mail address for the purpose of contacting you in the event that third parties should legally object to your comments.
  3. The legal basis for this is Art. 6 para. 1 p. 1 lit. b) and f) DS-GVO.
  4. We do not check your comments before publication. In the event of objections by third parties, we reserve the right to delete your comments. We do not pass on the data to third parties unless it is necessary for the pursuit of our claims or there is a legal obligation (Art. 6 para. 1 p. 1 lit. c) DS-GVO). ¨C36C

Using our forum

  1. The prerequisite for using the forum is registration via the corresponding online form. You can read the forum without registering and, if you do register, you can post articles and topics under a pseudonym. There is no requirement to use a real name. After registering via the online form in the forum, you will receive a confirmation e-mail to verify your data, which you can use to confirm your registration by mouse click (“double opt-in procedure”). With the activation of your account by the person responsible, the free forum usage contract comes into effect (conclusion of contract). If you do not confirm your registration by mouse click, your registration will be deleted by us within 48 hours.
  2. If we have activated your account, we will store all activities in the forum, in particular your public topics and posts, your profile details, your private messages, your signature, your account wall and your reputation, in addition to your registration data until you log out, in order to operate the forum. We store your IP address with date and time when you post new topics and posts, which we delete after 70 days. The storage serves the legitimate interest of defending against claims by third parties for the publication of illegal or untrue content by you. We store your e-mail address and name for the purpose of contacting you in the event that third parties should legally object to your content.
  3. The legal basis for this is Art. 6 para. 1 p. 1 lit. b) and f) DS-GVO.
  4. If your forum account is deleted, your forum posts and topics will remain visible to all readers and findable via search engines and will be marked with “Guest”. All other data will be deleted. If you also wish your forum posts and topics to be deleted, you must inform the person responsible via the contact details above before the account is deleted. Once the account has been deleted, it will no longer be possible to allocate and delete the posts. ¨C47C

Contact form / e-mail / fax / post

  1. When contacting us via contact form, fax, post or e-mail, your details will be processed for the purpose of handling the contact request.
  2. The legal basis for the processing of the data is Art. 6 para. 1 p. 1 lit. a) DS-GVO 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 para. 1 p. 1 lit. f) DS-GVO. The responsible party has a legitimate interest in processing and storing the data in order to be able to answer users’ enquiries, to preserve evidence for liability reasons and, if necessary, to be able to comply with its legal obligations to retain business correspondence. If the contact is aimed at concluding a contract, the additional legal basis for the processing is Art. 6 para. 1 p. 1 lit. b) DS-GVO.
  3. We may store your details 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 the circumstances indicate that the matter in question has been conclusively clarified. We store enquiries 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.¨C56C

Contact by phone

  1. When contacting us by telephone, your telephone number will be processed and temporarily stored or displayed in the RAM / cache of the telephone device / display for the purpose of handling the contact request and its processing. 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 callback possible. In the event of unauthorised advertising calls, we block the telephone numbers.
  2. The legal basis for the processing of the telephone number is Art. 6 para. 1 p. 1 lit. f) DS-GVO. If the contact is aimed at concluding a contract, the additional legal basis for the processing is Art. 6 para. 1 lit. b) DS-GVO.
  3. The device cache stores the calls for 70 days and successively overwrites or deletes old data; when the device is disposed of, all data is deleted and the memory destroyed if necessary. Blocked telephone numbers are checked annually to see if they need to be blocked.
  4. You can prevent the phone number from being displayed by calling with the phone number suppressed. ¨C67C

Social media presence

  1. We maintain profiles and fan pages in social media in order to communicate with the users connected and registered there and to inform them about our products, offers and services. The US providers are certified under the so-called Privacy Shield and are thus obliged to comply with European data protection. When you use and access our profile in the respective network, the respective data protection information and terms of use of the respective network apply.
  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) DS-GVO. Insofar as you have given the person responsible for the social network consent to the processing of your personal data, the legal basis is Art. 6 para. 1 p. 1 lit. a) and Art. 7 DS-GVO.
  4. The data protection notices, information options and objection options (opt-out) of the respective networks can be found here:
  • XING (XING AG, Dammtorstraße 29-32, 20354 Hamburg, Germany) – Privacy Policy/ Opt-Out: https://privacy.xing.com/de/datenschutzerklaerung.
  • LinkedIn (LinkedIn Ireland Unlimited Company, Wilton Place, Dublin 2, Ireland) – privacy policy: https://www.linkedin.com/legal/privacy-policy, cookie policy and opt-out: https://www.linkedin.com/legal/cookie-policy, Privacy Shield of the US company LinkedIn Inc.: https://www.privacyshield.gov/participant?id=a2zt0000000L0UZAA0&status=Active.

Rights of the data subject

  1. Objection or revocation against the processing of your data
    Insofar as the processing is based on your consent pursuant to Art. 6 (1) p. 1 lit. a), Art. 7 DS-GVO, you have the right to revoke your consent at any time. This does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.
    Insofar as we base the processing of your personal data on the balance of interests pursuant to Art. 6 (1) p. 1 lit. f) DS-GVO, you may object to the processing. This is the case if the processing is not necessary, in particular, for the fulfilment of a contract with you, which is shown 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 merits of the case and either cease or adapt the data processing or show you our compelling legitimate grounds on the basis of which we will continue the processing.
    You can object to the processing of your personal data for the purposes of advertising and data analysis at any time. You can exercise the right to object free of charge. You can inform us of your advertising objection using the following contact details:
    Simone Hoffmann
    Gegen Eich, 17/1
    71640 Ludwigsburg
    E-Mail-Adresse: simone.hoffmann@mail.de
  2. Right to 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 the right to information about your personal data stored by us in accordance with Art. 15 DS-GVO. 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 to rectification
    You have the right to have inaccurate data corrected or correct data completed in accordance with Art. 16 DS-GVO.
  4. Right to deletion
    You have the right to have your data stored by us deleted in accordance with Art. 17 DS-GVO, unless legal or contractual retention periods or other legal obligations or rights to further storage prevent this.
  5. Right to 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) DS-GVO is met:
  • If you contest the accuracy of the personal data concerning you for a period of time which enables 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 the processing but you need them for the establishment, exercise or defence of legal claims; or
  • if you have objected to the processing in accordance with Article 21(1) DS-GVO and it is not yet clear whether the legitimate reasons of the controller outweigh your reasons.

6. Right to data portability
You have a right to data portability in accordance with Art. 20 DS-GVO, which means that you can receive the personal data we hold about you in a structured, common and machine-readable format or request that it be transferred to another controller.

7. Right to complain
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 place of residence, your place of work 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 organisational security measures. Therefore, among other things, all data between your browser and our server is transmitted encrypted via a secure SSL connection.

Stand: 28.02.2021

Source: Muster-Datenschutzerklärung von JuraForum.de

Translated from German to English with www.DeepL.com/Translator (free version)