DATA POLICY

Data Protection Notices

1. introduction
With the following information, we would like to give you as a "data subject" an overview of the processing of your personal data by us and your rights under the data protection laws. In principle, it is possible to use our website without entering personal data. However, if you want to use special services of our enterprise via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no legal basis for such processing, we will generally obtain your consent.

The processing of personal data, for example your name, address or email address, is always in accordance with the General Data Protection Regulation (GDPR) and in compliance with the country-specific data protection regulations. By means of this data protection notice, we would like to inform you about the scope and purpose of the personal data collected, used and processed by us.

As the controller, we have implemented numerous technical and organisational measures to ensure the most complete protection possible for the personal data processed via this website. Nevertheless, internet-based data transmissions can always have security gaps, so that absolute protection cannot be guaranteed. For this reason, you are also free to transmit personal data to us by alternative means, for example by telephone or by post.

2. person in charge
The responsible person within the meaning of the GDPR is:

JOEST Inc.

1157 N Main Street
Lombard, IL 60148
USA

Fon: +1 630 469 0900
Fax: +1 630 469 3800
E-mail: info@joest-us.com

Representatives of the responsible person: Dr Hans Moormann (Chair)

4. definitions
The data protection information is based on the terms used by the European Directive and Ordinance Maker when issuing the General Data Protection Regulation (GDPR). Our data protection information should be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to explain the terms used in advance.

We use the following terms, among others, in this privacy notice:

1. personal data
Personal data means any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

2. person concerned
Data subject is any identified or identifiable natural person whose personal data is processed by the controller (our company).

3. processing
Processing is any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organisation, filing, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

4. restriction of processing
Restriction of processing is the marking of stored personal data with the aim of limiting their future processing.

5 Profiling
Profiling is any form of automated processing of personal data which consists in using such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or change of location.

6. pseudonymisation
Pseudonymisation is the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures which ensure that the personal data are not attributed to an identified or identifiable natural person.

7. processors
Processor means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

8. receiver
A recipient is a natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not a third party. However, public authorities that may receive personal data in the context of a specific investigative task under Union or Member State law shall not be considered as recipients.

9. third party
Third party means a natural or legal person, public authority, agency or other body other than the data subject, the controller, the processor and the persons authorised to process the personal data under the direct responsibility of the controller or the processor.

10. consent
Consent means any freely given and informed indication of the data subject's wishes in the form of a statement or other unambiguous affirmative act by which the data subject signifies his or her agreement to the processing of personal data relating to him or her.

5. legal basis of the processing
Art. 6 para. 1 lit. a GDPR (in conjunction with § 15 para. 3 TMG) serves our company as the legal basis for processing operations in which we obtain consent for a specific processing purpose.

If the processing of personal data is necessary for the performance of a contract to which you are a party, as is the case, for example, with processing operations that are necessary for the delivery of goods or the provision of another service or consideration, the processing is based on Art. 6 (1) lit. b GDPR. The same applies to processing operations that are necessary for the implementation of pre-contractual measures, for example in the case of enquiries about our products or services.

If our company is subject to a legal obligation by which the processing of personal data becomes necessary, such as for the fulfilment of tax obligations, the processing is based on Art. 6 (1) lit. c GDPR.

In rare cases, the processing of personal data might be necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were to be injured on our premises and as a result his or her name, age, health insurance details or other vital information had to be passed on to a doctor, hospital or other third party. In this case, the processing would be based on Art. 6 para. 1 lit. d GDPR.

Ultimately, processing operations could be based on Art. 6 (1) lit. f GDPR. Processing operations which are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary for the protection of a legitimate interest of our company or a third party, provided that the interests, fundamental rights and freedoms of the data subject are not overridden. Such processing operations are permitted to us in particular because they were specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if you are a customer of our company (recital 47 sentence 2 GDPR).

6. transmission of data to third parties
Your personal data will not be transferred to third parties for purposes other than those listed below.

We will only share your personal information with third parties if:

1. you have given your express consent to this in accordance with Art. 6 (1) p. 1 lit. a GDPR,
2. the disclosure is permissible under Art. 6 (1) sentence 1 lit. f GDPR to protect our legitimate interests and there is no reason to assume that you have an overriding interest worthy of protection in not having your data disclosed,
3. in the event that there is a legal obligation for the disclosure pursuant to Art. 6 (1) sentence 1 lit. c GDPR, as well as
4. this is legally permissible and necessary according to Art. 6 para. 1 p. 1 lit. b GDPR for the processing of contractual relationships with you.

To protect your data and allow us to transfer data to third countries (outside the EU/EEA) where appropriate, we have entered into commissioned processing agreements based on the European Commission's standard contractual clauses.

7. technology
7.1 SSL/TLS encryption
This site uses SSL or TLS encryption to ensure the security of data processing and to protect the transmission of confidential content, such as orders, login data or contact enquiries that you send to us as the operator. You can recognise an encrypted connection by the fact that there is a "https://" instead of a "http://" in the address line of the browser and by the lock symbol in your browser line.

We use this technology to protect your transmitted data.

7.2 Data collection when visiting the website
When you use our website for information purposes only, i.e. if you do not register or otherwise transmit information to us, we only collect data that your browser transmits to our server (in so-called "server log files"). Our website collects a series of general data and information each time you or an automated system access a page. This general data and information is stored in the server log files. The following can be recorded

1. Browser types and versions used,
2. the operating system used by the accessing system,
3. the website from which an accessing system arrives at our website (so-called referrer),
4. the sub-websites which are accessed via an accessing system on our website,
5. the date and time of access to the website,
6. an Internet Protocol (IP) address,
7. the Internet service provider of the accessing system.

When using this general data and information, we do not draw any conclusions about your person. Rather, this information is required in order to

1. to deliver the contents of our website correctly,
2. to optimise the content of our website,
3. to ensure the permanent operability of our IT systems and the technology of our website, and
4. to provide law enforcement authorities with the information necessary for prosecution in the event of a cyber attack.

Therefore, the data and information collected will be used by us for statistical purposes only and for the purpose of increasing the data protection and data security of our enterprise so as to ensure an optimal level of protection for the personal data we process. The data of the server log files are stored separately from any personal data provided by a data subject.

The legal basis for data processing is Art. 6 para. 1 p. 1 lit. f GDPR. Our legitimate interest follows from the data collection purposes listed above.

8. cookies
8.1 General information about cookies
We use cookies on our website. These are small files that are automatically created by your browser and stored on your IT system (laptop, tablet, smartphone or similar) when you visit our site.

Information is stored in the cookie that arises in connection with the specific end device used. However, this does not mean that we gain direct knowledge of your identity.

The use of cookies serves, on the one hand, to make the use of our offer more pleasant for you. We use so-called session cookies to recognise that you have already visited individual pages of our website. These are automatically deleted after you leave our site.

In addition, we also use temporary cookies to optimise user-friendliness, which are stored on your end device for a certain fixed period of time. If you visit our site again to use our services, it is automatically recognised that you have already been with us and which entries and settings you have made so that you do not have to enter them again.

On the other hand, we use cookies to statistically record the use of our website and to evaluate it for the purpose of optimising our offer for you. These cookies enable us to automatically recognise that you have already been to our website when you visit it again. These cookies are automatically deleted after a defined period of time.

8.2 Legal basis for the use of cookies
The data processed by cookies, which are required for the proper functioning of the website, are thus necessary to protect our legitimate interests as well as those of third parties in accordance with Art. 6 (1) sentence 1 lit. f GDPR.

For all other cookies, you must have given your consent to this within the meaning of Art. 6 (1) lit. a GDPR via our opt-in cookie banner.

9. contents of our website
9.1 Contact / Contact form
Personal data is collected when contacting us (e.g. via contact form or e-mail). Which data is collected in the case of a contact form can be seen from the respective contact form. This data is stored and used exclusively for the purpose of answering your request or for contacting you and the associated technical administration. The legal basis for processing the data is our legitimate interest in responding to your request in accordance with Art. 6 Para. 1 lit. f GDPR. If your contact aims at the conclusion of a contract, the additional legal basis for the processing is Art. 6 (1) lit. b GDPR. Your data will be deleted after final processing of your request; this is the case if it can be inferred from the circumstances that the matter in question has been conclusively clarified and provided that there are no statutory retention obligations to the contrary.

9.2 Application management / job exchange
We collect and process the personal data of applicants for the purpose of processing the application procedure. The processing may also take place electronically. This is particularly the case if an applicant sends us the relevant application documents electronically, for example by e-mail or via a web form on the website. If we conclude an employment contract with an applicant, the transmitted data will be stored for the purpose of processing the employment relationship in compliance with the statutory provisions. If we do not conclude an employment contract with the applicant, the application documents are automatically deleted two months after notification of the rejection decision, provided that no other legitimate interests on our part oppose deletion. Other legitimate interest in this sense is, for example, a duty to provide evidence in proceedings under the General Equal Treatment Act (AGG).

The legal basis for processing your data is Art. 88 GDPR in conjunction with. § 26 para. 1 BDSG.

10. your rights as a data subject
10.1 Right to confirmation
You have the right to request confirmation from us as to whether personal data relating to you is being processed.

10.2 Right of access Art. 15 GDPR
You have the right to receive information from us at any time and free of charge about the personal data stored about you, as well as a copy of this data in accordance with the statutory provisions.

10.3 Right of rectification Art. 16 GDPR
You have the right to request the rectification of inaccurate personal data concerning you. You also have the right to request that incomplete personal data be completed, taking into account the purposes of the processing.

10.4 Deletion Art. 17 GDPR
You have the right to demand that we delete the personal data concerning you without delay, provided that one of the reasons provided for by law applies and insofar as the processing or storage is not necessary.

10.5 Restriction of processing Art. 18 GDPR
You have the right to demand that we restrict processing if one of the legal requirements is met.

10.6 Data portability Art. 20 GDPR
You have the right to receive the personal data concerning you, which has been provided to us by you, in a structured, common and machine-readable format. You also have the right to transfer this data to another controller without hindrance from us to whom the personal data has been provided, provided that the processing is based on consent pursuant to Article 6 (1) (a) of the GDPR or Article 9 (2) (a) of the GDPR or on a contract pursuant to Article 6 (1) (b) of the GDPR and the processing is carried out with the aid of automated procedures, unless the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in us.

Furthermore, when exercising your right to data portability pursuant to Article 20(1) of the GDPR, you have the right to have the personal data transferred directly from one controller to another controller, insofar as this is technically feasible and provided that this does not affect the rights and freedoms of other persons.

10.7 Objection Art. 21 GDPR
You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data relating to you which is carried out on the basis of Article 6(1)(e) (data processing in the public interest) or (f) (data processing on the basis of a balance of interests) of the GDPR.

This also applies to profiling based on these provisions within the meaning of Art. 4 No. 4 GDPR.

If you object, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.

In individual cases, we process personal data in order to carry out direct advertising. You may object to the processing of personal data for the purpose of such advertising at any time. This also applies to profiling, insofar as it is connected with such direct advertising. If you object to us processing your personal data for direct marketing purposes, we will no longer process the personal data for these purposes.

In addition, you have the right to object, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out by us for scientific or historical research purposes or for statistical purposes pursuant to Article 89(1) of the Data Protection Regulation, unless such processing is necessary for the performance of a task carried out in the public interest.

You are free to exercise your right to object in connection with the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures using technical specifications.

10.8 Revocation of consent under data protection law
You have the right to revoke consent to the processing of personal data at any time with effect for the future.

10.9 Complaint to a supervisory authority
You have the right to complain about our processing of personal data to a supervisory authority responsible for data protection.

11. routine storage, deletion and blocking of personal data
We process and store your personal data only for the period of time necessary to achieve the purpose of storage or if this has been provided for by the legal provisions to which our company is subject.

If the purpose of storage no longer applies or if a prescribed storage period expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.

12. duration of the storage of personal data
The criterion for the duration of the storage of personal data is the respective statutory retention period. After expiry of the period, the corresponding data is routinely deleted if it is no longer required for the fulfilment or initiation of the contract.

13. up-to-dateness and amendment of the data protection notices
This data protection notice is currently valid and has the status: 22 June 2021.

Due to the further development of our Internet pages and offers or due to changed legal or official requirements, it may become necessary to change this data protection notice. You can access and print out the current data protection information on the website at any time.

14. Matomo

We have integrated the Matomo component of the provider InnoCraft Ltd, 150 Willis St, 6011 Wellington, New Zealand, on this website. Matomo is a software tool for web analysis, i.e. for collecting, collating and evaluating data on the behavior of visitors to websites. Among other things, data is collected about the website from which a data subject has accessed a website (so-called referrer), which subpages of the website have been accessed or how often and for how long a subpage has been viewed. This is used to optimize the website and for cost-benefit analysis of Internet advertising.

The software is operated on the server of the controller, and the log files, which are sensitive under data protection law, are stored exclusively on this server.

Matomo sets a cookie on your IT system. The setting of the cookie enables us to analyze the use of our website. Each time one of the individual pages of this website is called up, the Internet browser on your IT system is automatically prompted by the Matomo component to transmit data to our server for the purpose of online analysis. As part of this technical procedure, we obtain knowledge of personal data, such as the IP address of the person concerned, which we use, among other things, to trace the origin of visitors and clicks.

By means of the cookie, personal information, for example the access time, the place from which an access originated and the frequency of visits to our website are stored. Each time you visit our website, this personal data, including the IP address of the Internet connection you are using, is transmitted to our server. This personal data is stored by us. We do not pass on this personal data to third parties.

You can prevent the setting of cookies by our website at any time by means of an appropriate setting of the Internet browser used and thus permanently object to the setting of cookies. Such a setting of the Internet browser used would also prevent Matomo from setting a cookie on your IT system. In addition, a cookie already set by Matomo can be deleted at any time via an Internet browser or other software programs.

Furthermore, you have the option to object to and prevent the collection of data generated by Matomo related to a use of this website. To do this, you must set an opt-out cookie. If your IT system is deleted, formatted or reinstalled at a later time, the data subject must set an opt-out cookie again. However, with the setting of the opt-out cookie, there is the possibility that our Internet pages are no longer fully usable for you.

These processing operations are carried out exclusively when explicit consent is given in accordance with Art. 6 (1) lit. a GDPR.

Further information and the applicable data protection provisions of Matomo can be found at https://matomo.org/privacy.

15. Newsletter 

15.1 Newsletter dispatch to existing customers

If you have provided us with your e-mail address when purchasing goods or services, we reserve the right to regularly send you e-mail offers for similar goods or services to those you have already purchased from our range. In accordance with Section 7 (3) of the German Unfair Competition Act (UWG), we do not need to obtain your separate consent for this. In this respect, the data processing is carried out solely on the basis of our legitimate interest in personalized direct advertising in accordance with Art. 6 Para. 1 lit. f GDPR.

If you have initially objected to the use of your e-mail address for this purpose, no e-mails will be sent by us. You are entitled to object to the use of your e-mail address for the aforementioned advertising purpose at any time with effect for the future by notifying the responsible person named at the beginning. For this, you will only incur transmission costs according to the prime rates. After receipt of your objection, the use of your e-mail address for advertising purposes will cease immediately.

15.2 Newsletter tracking

Our newsletters contain so-called tracking pixels. A tracking pixel is a miniature graphic that is embedded in such emails that are sent in HTML format to enable log file recording and log file analysis. This enables a statistical evaluation of the success or failure of online marketing campaigns. Based on the embedded tracking pixel, the Company may see if and when an e-mail was opened by you, and which links in the e-mail were called up by you.

Such personal data collected via the tracking pixels contained in the newsletters, are stored and evaluated by us in order to optimize the newsletter dispatch and to better adapt the content of future newsletters to your interests. This personal data will not be passed on to third parties. Data subjects are entitled at any time to revoke the separate declaration of consent given in this regard via the double opt-in procedure. After a revocation, this personal data will be deleted by us. We automatically interpret an unsubscription from the receipt of the newsletter as a revocation.

Such an evaluation is carried out in particular in accordance with Art. 6 Para. 1 lit.f GDPR on the basis of our legitimate interests in the insertion of personalized advertising, market research and/or needs-based design of our website.

Contact

Do you have questions?

Call us at (423) 915 0472, write to us at info@goesslingusa.com or simply use the contact form below. We are looking forward to your message!

 

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