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Privacy Statement

We are delighted that you are visiting our website www.happich.de and are interested in our company. We attach a great deal of importance to protecting your personal data. Personal data is information about an identified or identifiable natural person’s personal or factual circumstances. This includes details such as the person’s real name, address, phone number and date of birth, as well as all other data which may refer to an identifiable person.
Because personal data is afforded special legal protection, we only collect it insofar as doing so is necessary to making our website available and providing our service. Below, we have provided an outline of what personal information we collect about you during your visit to our website and how we use it.
Our data protection practices comply with legal regulations, particularly those set down in the German Federal Data Protection Act (BDSG), the German Telemedia Act (TMG) and the EU’s General Data Protection Regulation (GDPR). We will only collect, process and store your personal data insofar as doing so is necessary with a view to making this website and our contents and services functionally available, as well as for the purpose of processing enquiries and, if necessary, handling orders / contracts, but only if there is a legitimate interest for doing so under the terms of Art. 6, Para. 1, Clause 1, lit. f of the GDPR or other statutory permission. Your data will also be used for further purposes precisely defined in your consent, e.g. to send advertising information by newsletter, only if you have separately given your consent beforehand. 

1. Controller under the terms of Art. 4, Para. 7 of the GDPR

The controller under the terms of the GDPR, other national data protection legislation of the member states and other provisions under data protection legislation is: 

Happich GmbH
Lise-Meitner-Straße 14
42119 Wuppertal

Email: info@happich.de 
Tel.: +49 (0) 202 / 8703-0
Fax: +49 (0) 202 / 8703-599

2. Name and address of the data protection officer

Dirk-Michael Mülot
a freelance expert in data protection, data security and IT forensics; Westfalenweg 2; 33449 Langenberg

Email: d.muelot@muelot-graf.de 

3. Providing the website and creating log files

Each time our website is accessed, our system automatically records data and information from the accessing computer’s computer system. The following data is collected in this regard:

Extent of data processing

(1) Information about the browser type and the version used
(2) The accessing device’s operating system
(3) The accessing device’s IP address
(4) The date and time of access
(5) Websites and resources (images, files, other page contents) which were accessed on our website
(6) Websites from which the user’s system accessed our website (referrer tracking) 

This data is stored in our system’s log files. This data is not stored together with personal data belonging to a specific user, so individual site visitors are not identified. 

  • Legal basis for personal data processing

    Art. 6, Para. 1, lit. f of the GDPR (legitimate interest). Our legitimate interest is to guarantee achievement of the purpose outlined below.

  • Purpose of data processing

    Logging is carried out to maintain our website’s compatibility for all visitors where possible and to combat misuse and eliminate faults. To this end, it is necessary to log the accessing computer’s technical data, so that we can respond to display errors, attacks on our IT systems and/or functionality errors on our website as early as possible. Additionally, we also use the data to optimise the website and to ensure the general security of our IT systems. 

  • Duration of storage

    The above technical data is deleted as soon as it is no longer needed to guarantee the website’s compatibility for all visitors, but at the latest within three months of our website being accessed.

  • Opportunity to object and remove

    The opportunities to object and remove are based on the general regulations on the right of objection and claim for deletion under data protection legislation which are outlined below in this privacy policy. 

4. Special features of the website

Our site offers you a variety of features which, when used by us, serve to collect, process and save personal data. We have provided an explanation of what happens to this data below: 

  • Contact form(s):
    • Extent of personal data processing
      The data you entered in our contact forms. 
    • Legal basis for personal data processing
      Art. 6, Para. 1, lit. a of the GDPR (consent by means of unequivocal confirmatory act or behaviour) 
    • Purpose of data processing
      We will use the data captured by means of our contact form(s) only to process the specific contact request received through the contact form(s). 
    • Duration of storage
      The data captured is deleted immediately after your request has been processed, provided that there are no statutory retention periods. 
    • Opportunity to object and remove
      The opportunities to object and remove are based on the general regulations on the right of objection and claim for deletion under data protection legislation which are outlined below in this privacy policy. 

5. Automatic credit check / scoring

If we deliver any goods or services prior to receiving payment, if necessary we reserve the right to obtain an automatic credit report based on mathematical / statistical methods from the following company (companies) so as to protect our legitimate interests. We obtain information from the following service providers on the statistical probability of a default on payment. The credit report may include probability values (score values), which are calculated based on scientifically recognised mathematical / statistical methods. Conclusions are thereby drawn as to the customer’s future risk of payment default using a wide range of features, such as income, address data, occupation, marital status and previous payment history. The result is expressed in the form of a payment value (“score”). The information obtained in this way forms the basis of our decision on whether to establish, execute or terminate a contractual relationship. However, selection of one of the payment methods offered does not depend on such information. The opportunities to object and remove are based on the general regulations on the right of objection and claim for deletion under data protection legislation which are outlined below in this privacy policy. Specific details: 

Creditsafe Deutschland GmbH:

Creditsafe Deutschland GmbH, Schreiberhauer Straße 30, 10317 Berlin (www.creditsafe.com): Our company regularly checks your credit rating when concluding contracts and in certain cases where there is a legitimate interest for doing so, this applies to existing customers too.  To this end, we work together with Creditsafe Deutschland GmbH, Schreiberhauer Straße 30, 10317 Berlin, from which we receive the necessary data. We send your name and contact details to Creditsafe Deutschland GmbH for this purpose.

Creditreform Wuppertal Brodmerkel & Kötting KG:

Our company regularly checks your credit rating when concluding contracts and in certain cases where there is a legitimate interest for doing so, this applies to existing customers too. To this end, we work together with Creditreform Wuppertal Brodmerkel & Kötting KG, Werth 91+93, 42275 Wuppertal (www.creditreform-wuppertal.de), from which we receive the necessary data. On behalf of Creditreform Wuppertal Brodmerkel & Kötting KG, we would like to share the following information with you in advance according to Art. 14 of the EU GDPR:
Creditreform Wuppertal Brodmerkel & Kötting KG is a consumer credit agency. It maintains a database in which creditworthiness information about private individuals is saved. Creditreform Wuppertal Brodmerkel & Kötting KG provides its customers with credit reports on this basis. Its customers include credit institutions, leasing companies, insurance companies, telecommunications companies, receivables management companies, shipping, wholesale and retail companies as well as other companies which supply goods and provide services. In the context of the legal provisions, some of the data available in the information database is also used for supplying other company databases, e.g. for use for address trading purposes, among other things. In particular, information about people’s name, address, date of birth, email address if necessary, payment behaviour and shareholdings is saved in the Creditreform Wuppertal Brodmerkel & Kötting KG database. The saved data is processed to provide information about the queried person’s creditworthiness.  The legal basis for processing is Art. 6, Para. 1, lit. f of the EU GDPR. Information about this data may only be provided if a customer has proven a legitimate interest in knowledge of this information. Where data is sent to states outside of the EU, this takes place on the basis of what are referred to as the “standard contractual clauses. You can view these or request to have these sent to you via the following link: http://eur-lex.europa.eu/legal-content/DE/TXT/PDF/?uri=CELEX:32001D0497&from=DE. This data will be saved as long as is necessary to fulfil the purpose for which it was stored in the first place. Knowledge is generally necessary for a storage period of three years initially.  Once this period of time has elapsed, a further check is made to see whether the data still needs to be stored, otherwise it is deleted three years to the day it was stored.  If a situation is being dealt with, the data will be deleted three years to the day following completion of the same.  Entries in the debtor’s register are deleted, as per Section 882e of the German Code of Civil Procedure (ZPO), once three years to the day have elapsed since the entry was arranged.  Legitimate interests under the terms of Art. 6, Para. 1, lit. f of the EU GDPR may be:  a credit decision, initiation of business, shareholdings, a claim, a credit check, an insurance contract and enforcement information. You have a right of access vis-à-vis Creditreform Wuppertal Brodmerkel & Kötting KG with regard to the data concerning you that it has saved.  If the data saved about you is incorrect, you are entitled to have the same corrected or deleted.  If it cannot be immediately determined whether the data is incorrect or correct, you are entitled to have the respective data blocked until the same is clarified.  If your data is incomplete, you can request that it be completed. If you have given your consent to processing of the data saved by Creditreform Wuppertal Brodmerkel & Kötting KG, you have the right to revoke this consent at any time. Revocation does not affect the lawfulness of the processing of your data carried out based on your consent up until the same is revoked. If you have objections, requests or complaints regarding data protection, you can contact the Creditreform Wuppertal Brodmerkel & Kötting KG data protection officer at any time.  He or she will provide you with fast and reliable assistance in all data protection concerns. You can also complain about data processing by Creditreform Wuppertal Brodmerkel & Kötting KG to the competent state representative for data protection in your state. The data that Creditreform Wuppertal Brodmerkel & Kötting KG saves in relation to you comes from publicly accessible sources, from debt collection companies and their customers. To describe your creditworthiness, Creditreform Wuppertal Brodmerkel & Kötting KG forms a score value from your data.  Data concerning your age and gender, address details and sometimes payment experience data is incorporated into the score value.  We incorporate this data in the score calculation process with different weighting. Creditreform Wuppertal Brodmerkel & Kötting KG customers use the scores as an aid when making their own lending decisions. Right of objection:  The processing of the data held by Creditreform Wuppertal Brodmerkel & Kötting KG takes place on the compelling and legitimate grounds of creditor and credit protection which regularly outweigh your interests, rights and freedoms or serve to assert, exercise or defend legal claims. You may only object to the processing of your data on grounds relating to an exceptional situation applicable to you, of which evidence must be provided. If you can provide evidence that such special reasons apply, this data will cease to be processed. If you object to your data being processed for advertising and marketing purposes, this data will no longer be processed for these purposes. The controller under the terms of Art. 4, Para. 7 of the EU GDPR is Creditreform Wuppertal Brodmerkel & Kötting KG, Werth 91+93, 42275 Wuppertal (www.creditreform-wuppertal.de). You can contact Creditreform Wuppertal Brodmerkel & Kötting KG with any questions using the following contact details: tel.:  +49 (0) 202 / 2 55 66-0, +49 (0) 202 / 59 40 20, email:  info@wuppertal.creditreform.de You can contact the relevant data protection officer using the following contact details: Creditreform Wuppertal Brodmerkel & Kötting KG, Data Protection Officer, Werth 91+93, 42275 Wuppertal, datenschutz@wuppertal.creditreform.de.

Bisnode Deutschland GmbH:

Bisnode Deutschland GmbH, Robert-Bosch-Straße 11, 64293 Darmstadt (www.bisnode.de): Our company regularly checks your credit rating when concluding contracts and in certain cases where there is a legitimate interest for doing so, this applies to existing customers too. To this end, we work together with Bisnode Deutschland GmbH, Robert-Bosch-Straße 11, 64293 Darmstadt, from which we receive the necessary data. We send your name and contact details to Bisnode Deutschland GmbH for this purpose.

6. Statistical evaluation of visits to this website - web trackers

When this website or individual files on the website is / are called up, we collect, process and save the following data: IP address, web page from which the file was retrieved, name of the file, the retrieval date and time, the data volume transmitted and the retrieval success notification (so-called web log). We only use this access data in a non-personalised form with a view to continuously improving our website and for statistical purposes.
We also use the following web trackers to analyse visits to this website: 

  • Google Analytics
    • Extent of personal data processing
      On our site we use the web tracking service provided by the company Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland (hereinafter referred to as “Google Analytics”). As part of its web-tracking services Google Analytics uses cookies which are saved on your computer and enable an analysis of the use of our website and your surfing behaviour (referred to as tracking). We conduct this analysis based on the tracking service provided by Google Analytics with a view to continually optimising our web presence and improving its availability. By using our website your data, specifically your IP address and your user activity, will be transmitted to servers of the company Google Ireland Limited and processed and stored outside of the European Union, e.g. in the USA.
      The EU Commission has established that an appropriate level of privacy can be deemed to exist in the USA provided the company processing the data has agreed to the terms of the US-EU Privacy Shield Framework, thus rendering the export of data to the USA permissible. By enabling IP anonymisation within the Google Analytics tracking code for this website, your IP address will be anonymised by Google Analytics before transmission. This website uses a Google Analytics tracking code which has been given the extension gat._anonymizeIp(); to allow only for the anonymised collection of IP addresses (referred to as IP Masking). 

    • Legal basis for personal data processing
      Art. 6 Para.1 lit.a of the GDPR (consent), either by registering with Google (opening a Google account and accepting the privacy notices in place there) or, if you have not registered with Google, by explicit consent when entering our website. 

    • Purpose of data processing
      Google uses this information on our behalf to analyse your visit to this website, to generate reports about your website activity and to provide us with further services associated with website use and internet use. The IP address transmitted by your browser as part of the Google Analytics service will not be linked with any other information held by Google Ireland Limited. 

    • Duration of storage
      Google will save the relevant data for providing web tracking as long as is necessary to provide the web service which has been booked. Data will be collected and stored anonymously. However, if any reference to persons should become apparent, this data will be deleted immediately provided these are not subject to any statutory retention obligations. The data will be deleted upon expiry of the retention obligation in any case. 

    • Opportunity to object and remove
      You can prevent your personal data from being collected and forwarded to Google (in particular your IP address) and your data from being processed by Google by disabling the running of script code in your browser, installing a script blocker in your browser (you can find these at www.noscript.net or www.ghostery.com ) or enabling the “Do not track” setting in your browser. You can also prevent the data generated by the Google cookie in relation to your use of the website (including your IP address) from being registered and processed by Google by downloading and installing the browser plug-in available under the following link (http://tools.google.com/dlpage/gaoptout?hl=de ). You can find Google’s security and privacy policies at https://policies.google.com/privacy 

  • Google Tag Manager
    • Extent of personal data processing
      On our site we use the service provided by the company Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland (hereinafter referred to as “Google Tag Manager”). Google Tag Manager offers a technical platform for running and jointly managing other web services and web tracking programs using what are referred to as “tags”. Google Tag Manager saves cookies to your computer in connection with this and analyses your surfing behaviour, insofar as web tracking tools are run using Google Tag Manager (referred to as tracking). This data transmitted by the individual tags integrated within Google Tag Manager is pooled, saved and processed by Google Tag Manager under one common user interface. All integrated “tags” are listed again separately in this privacy statement. You can find out more about the privacy of the tools integrated in Google Tag Manager in the respective section of this privacy statement. By using our website with the integration of Google Tag Manager tags enabled, your data, specifically your IP address and your user activity, will be transmitted to servers of the company Google Ireland Limited and processed and stored outside of the European Union, e.g. in the USA.
      The EU Commission has established that an appropriate level of privacy can be deemed to exist in the USA provided the company processing the data has agreed to the terms of the US-EU Privacy Shield Framework, thus rendering the export of data to the USA permissible. This is the case with Google Ireland Limited. The provisions in the respective section of this privacy statement apply with regard to the web services integrated by Google Tag Manager. The tracking tools used in Google Tag Manager ensure through source code IP anonymisation that the IP address is anonymised by Google Tag Manager before transmission. Here Google Tag Manager can only collect IP addresses in anonymised form (referred to as IP masking). 

    • Legal basis for personal data processing
      Art. 6 Para.1 lit.a of the GDPR (consent), either by registering with Google (opening a Google account and accepting the privacy notices in place there) or, if you have not registered with Google, by explicit consent when entering our website. 

    • Purpose of data processing
      Google uses this information on our behalf to analyse your visit to this website, to generate reports about your website activity and to provide us with further services associated with website use and internet use. The IP address transmitted by your browser as part of the Google Analytics service will not be linked with other information held by Google Ireland Limited. 

    • Duration of storage
      Google will save the relevant data for providing web tracking as long as is necessary to provide the web service which has been booked. Data will be collected and stored anonymously. However, if any reference to persons should become apparent, this data will be deleted immediately provided these are not subject to any statutory retention obligations. The data will be deleted upon expiry of the retention obligation in any case. 

    • Opportunity to object and remove
      You can prevent your personal data from being collected and forwarded to Google (in particular your IP address) and your data from being processed by Google by disabling the running of script code in your browser, installing a script blocker in your browser (you can find these at www.noscript.net or www.ghostery.com ) or enabling the “Do not track” setting in your browser. You can also prevent the data generated by the Google cookie in relation to your use of the website (including your IP address) from being registered and processed by Google by downloading and installing the browser plug-in available under the following link (http://tools.google.com/dlpage/gaoptout?hl=de ). You can find Google’s security and privacy policies at https://policies.google.com/privacy 

7. Integration of external web services and data processing outside the EU

We use active JavaScript contents from external providers (“web services”) on our website. When you access our website, these external providers may receive personal information about your visit to our website. Data may be processed outside the EU in this regard. You can prevent this from happening by installing a JavaScript blocker, such as the ‘NoScript’ browser plugin (www.noscript.net), or by disabling JavaScript in your browser. This can lead to functional restrictions on websites you visit.
We use the following external web services: 

Cookie Consent

Our website downloads a web service provided by Silktide Ltd, Brunel Parkway Pride Park, UK (hereinafter referred to as “Cookie Consent”). We use this data to ensure the full functionality of our website. Your browser may transmit personal data to Cookie Consent in connection with this. The legal basis for data processing is Art. 6, Para. 1, lit. f of the GDPR.  The legitimate interest is to ensure error-free operation of the website.  The data is deleted as soon as the purpose of its collection has been fulfilled.  You will find further information about how the transmitted data is handled in the Cookie Consent privacy policy: silktide.com/privacy-policy/ . You can prevent your data from being recorded and processed by Cookie Consent by disabling the running of script code in your browser or installing a script blocker in your browser (you can find these at www.noscript.net or www.ghostery.com ).

Google Fonts

Our website downloads a service provided by the company Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland (hereinafter referred to as “Google Fonts”). We use this data to ensure the full functionality of our website. Your browser may transmit personal data to Google Fonts in connection with this. The legal basis for data processing is Art. 6, Para. 1, lit. f of the GDPR. The legitimate interest is to ensure error-free operation of the website. Google Fonts has itself undergone certification under the EU-US Privacy Shield Framework (cf. www.privacyshield.gov/list ). The data is deleted as soon as the purpose of its collection has been fulfilled. You will find further information about how the transferred data is handled in the Google Fonts privacy policy: policies.google.com/privacy . You can prevent your data from being recorded and processed by Google Fonts by disabling the running of script code in your browser or installing a script blocker in your browser (you can find these at www.noscript.net or www.ghostery.com ).

Google Apis

Our site downloads a service provided by the company Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland (hereinafter referred to as “Google Apis”). We use this data to ensure the full functionality of our website. Your browser may transmit personal data to Google Apis in connection with this. The legal basis for data processing is Art. 6, Para. 1, lit. f of the GDPR. The legitimate interest is to ensure error-free operation of the website. Google Apis has itself undergone certification under the EU-US Privacy Shield Framework (cf. www.privacyshield.gov/list ). The data is deleted as soon as the purpose of its collection has been fulfilled. You will find further information about how the transmitted data is handled in the Google-Apis privacy policy: policies.google.com/privacy . You can prevent your data from being recorded and processed by Google Apis by disabling the running of script code in your browser or installing a script blocker in your browser (you can find these at www.noscript.net or www.ghostery.com ).

website-check.de

A seal of approval provided by the company Website-Check GmbH, Beethovenstraße 24, 66111 Saarbrücken, Germany (hereinafter referred to as “website-check.de”) is downloaded on our site. We have integrated this seal of approval to show that we take the subject of privacy very seriously. The integration of the Website-Check seal of approval prompts the transmission of non-personally identifiable information to Website-Check GmbH, the issuer of the seal of approval. It receives only your IP address in this connection, which enables it to send out the seal of approval. Your IP address contains no reference to persons for Website-Check GmbH. The legal basis for data processing is Art. 6, Para. 1, lit. f of the GDPR (legitimate interest).  The legitimate interest is to ensure the error-free display of the Website-Check seal of approval on the website. You will find further information about how the transmitted data is handled in the website-check.de privacy policy: www.website-check.de/datenschutzerklaerung/. You can prevent the Website-Check seal of approval from being downloaded and thus the transmission of your IP address (anonymous to Website-Check GmbH) to Website-Check GmbH by disabling the running of Website-Check GmbH’s script code in your browser or installing a script blocker in your browser (you can find these at www.noscript.net or www.ghostery.com ). 

8. Information about the use of cookies

  • Extent of personal data processing
    We use cookies on various pages to enable the use of certain functions on our website. The so-called ‘cookies’ are small text files which your browser can save on your computer. These text files contain a distinctive character string which allows for the unique identification of the browser if the website is accessed again. The process of saving a cookie file is also known as ‘setting a cookie’. 
  • Legal basis for personal data processing
    Art. 6, Para. 1, lit. f of the GDPR (legitimate interest). Our legitimate interest is to maintain the full functionality of our website, to increase usability and to enable more individual customer contact. We can only identify individual site visitors using the cookie technology if said site visitors sent us corresponding personal data based on separate consent beforehand.
  • Purpose of data processing
    The cookies are set by our website to maintain the full functionality of our website and to improve usability. The cookie technology also enables us to recognise individual visitors using pseudonyms, e.g. an individual, arbitrary ID, so we can offer more individual services.
  • Duration of storage
    Our cookies are stored until they are deleted from your browser or, if the cookie is a session cookie, until the session is ended.
  • Opportunity to object and remove
    You can configure your browser yourself to reject all cookies. You can then decide on a case by case basis whether or not to accept cookies or to accept cookies generally. Cookies can be used for different purposes, e.g. to detect if your PC has already connected to our web presence before (permanent cookies) or to save the last offers viewed (session cookies). We use cookies to offer you increased user comfort. We advise that you accept cookies for our website to use our convenience functions. The opportunities to object and remove are additionally based on the general regulations on the right of objection and claim for deletion under data protection legislation which are outlined below in this privacy policy.

9. Data security and data protection, communication by email

When it is collected, saved and processed, your personal data is protected by means of technical and organisational measures to ensure that it is inaccessible to third parties. Since we cannot guarantee complete data security on the transmission path to our IT systems during unencrypted communication by email, we advise sending highly confidential information using encrypted communication or by post.

10. Revocation of consent – data information and change requests – deleting and blocking data

You have the right to obtain free information concerning the data saved about you at reasonable intervals as well as the right to correct, block or delete your data at any time. We will delete your data when first prompted unless legal regulations are opposed. You can therefore revoke any consent granted to us to use your personal data at any time. You are more than welcome to send any information, deletion and correction requests concerning your data, as well as any suggestions, to the following address at any time: 

Happich GmbH
Lise-Meitner-Straße 14
42119 Wuppertal

Email: info@happich.de 
Tel.: +49 (0) 202 / 8703-0
Fax: +49 (0) 202 / 8703-599

11. Right to data portability

You are entitled to demand that we provide you with data relating to you which has been transmitted to us by you in a structured, conventional and machine-readable format. You can also request that we send this data to a third party without delay, on your first instruction, provided that processing is based on consent according to Art. 6, Para. 1, lit. a of the GDPR or Art. 9, Para. 2, lit. a of the GDPR or on a contract according to Art. 6, Para. 1, lit. b of the GDPR, and our processing forms part of an automated data processing operation.
When exercising this right of data portability you also have the right to have us transmit the relevant personal data directly to another data controller provided this is technically feasible. The rights and freedoms of others must not be adversely affected by the exercising of this right.
The right to data portability does not apply to the processing of personal data which is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

12. Right to lodge a complaint with the supervisory authority according to Art. 77, Para. 1 of the GDPR

If you suspect that your data is being processed unlawfully on our site, you can naturally obtain judicial clarification of the issue at any time. Regardless of this, you have the option of contacting a supervisory authority. You have a right to lodge a complaint in the EU member state of your place of residence, your workplace and/or the place of the suspected violation, i.e. you can choose the supervisory authority you wish to contact from the aforementioned locations. The supervisory authority with whom the complaint was lodged then informs you of the status and results of your petition, including the possibility of a judicial remedy according to Art. 78 of the GDPR.
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© IT law firm DURY – www.dury.de
© Website-Check GmbH – www.website-check.de