Data privacy statementand and Data privacy notice
1. Contact details of the responsible authority and Data protection officer
1.1 Responsible authority:
Tel.: +49 (7022) 72 0
1.2 Data Protection Officer:
2. Purpose of processing
2.1 Consent (Art. 6 Sec. 1a GDPR)
Your personal data will be processed for specific purposes (e.g. sending our newsletter via E-mail after clicking on the confirmation link that will be sent to you, transfer of data in the group to another third party, evaluation of data for marketing purposes) if you have consented for the same.
2.2 Contractual or pre-contractual obligations (art. 6 Section 1b GDPR)
We process personal data, the information of which is necessary for fulfilling a contract that holds you as the contracting party, or for carrying out pre-contractual measures, which are performed at your request, e.g. using our website contact form. The purposes of data processing are oriented towards the specific contract (e.g. sales contract, delivery contract, work contract) and can include evaluations, consultation and the execution of other actions, among other things. As a part of your application, the information provided by you (e.g. Résumé, certificates) will be processed by the authorities involved in the application process (e.g. Human resources department, Head of Specialist Department). We process personal data of employees for the purpose of employment relationship, if it is necessary to do so for the decision regarding the reason for employment or after the reason for employment for its implementation or termination or for exercising or fulfilling the rights and obligations of the representation of the employees’ interests arising from a law or a collective agreement, a company agreement or a service agreement. Moreover, we process personal data including special categories of personal data of employees, for the purpose of the employment relationship on the basis of collective agreements.
2.3 Statutory provisions (Art. 6 Section 1c GDPR)
Data is processed on the basis of a legal obligation for preventing fraud and money laundering, for fulfilling tax-related inspection and reporting obligations and the information to authorities.
2.4 Balancing of interests (Art. 6 Section 1f GDPR)
In order to maintain our or third party legitimate interests, data is processed for specific reasons after weighing the interests beforehand, e.g. to ensure domiciliary right, to safeguard legal claims, to investigate criminal offences, to determine the risks of non-payment, optimised product development, optimised customer approach for advertising purposes (including sending information by post), optimised requirements planning or to ensure data security. As a part of the weighing of interests, data is passed on in the group (for a current overview of the group, refer to: --> Link)
3. Advanced data processing as a part of the usage of the website
3.1 Active contents
We use active Java Script contents on our websites such as Google Maps from external providers such as Google Inc. These external providers obtain personal information on your visit to our website by opening our website. You can prevent this from happening by installing a Java-Script-Blocker such as the Browser Plugin ‘NoScript’ (www.noscript.net) or by disabling the Java Script in your browser. This can lead to functional limitations on websites visited by you.
3.2 Warranty registration
The processing (e.g. collection, transmission and use) of personal data helps to justify and implement the extended warranty payments (e.g. XXL warranty, All-In-Warranty) or for potential recalls.
3.3 Newsletter and Marketing Automation
You can subscribe to the Metabo newsletter through our website. If you have subscribed to the newsletter, we will send you interesting information, offers and news on Metabo and our products. You can revoke your consent to the use of your data for advertising purposes at any time. We use Newsletter2Go for sending our newsletter, an offer of Newsletter2Go GmbH, Nürnberger Str. 8, D-10787 Berlin. Newsletter2Go provides analytical tools that help to make statements on the success of the newsletter shipments and uses Google Analytics for the same. These analyses are based on each group and are not used by us for assessing the newsletter recipients individually. Refer to the Data protection regulations of Newsletter2Go for more information www.newsletter2go.de/datenschutz. We also use the Marketing Automation Tool ClickDimensions, an offer of ClickDimensions LLC 5901, Peachtree Dunwoody Road, Suite B500, Atlanta GA 30328, USA. This tool can be used to evaluate diverse activities on our website for marketing purposes. Refer to the Data protection regulations of ClickDimensions for more information www.clickdimensions.com/about/privacy-policy/.
We use personal data when organising contests, which is essential for carrying out the contest, for example, for sending prizes, as well as a part of weighing interests according to Point 2.4.
3.5 Online application
You can apply for our job offers by using our online application portal. If our talent pool is interested in applications, we ask the applicants for their permission to save them longer. You can always refuse to save your data further. For the technical implementation of the application, we use the online application portal of Persis GmbH, Theodor-Heuss-Str. 5, 89518 Heidenheim.
3.6 Shopping portal for Metabo specialist dealers
You have the option of registering with us as a Metabo specialist dealer using our form. After inspecting your given details, you will be contacted by our Sales team and will be released for the purchase portal, where necessary. The portal itself is an offer of nexMart GmbH & Co. KG, Gropiusplatz 10, 70563 Stuttgart.
3.7 Supplier portal
Suppliers registered with us will get access to the stocks after logging in through this portal.
3.8 Google Analytics
This website uses Google Analytics, a web-analysis service of Google Inc. (hereinafter known as Google). Google Analytics uses so-called ‘Cookies’, which are text files that are saved on your computer and which analyse your usage of the website. The information generated by the cookie regarding your usage of this website is usually transmitted to a Google server in the USA and is saved there. If the IP-anonymisation is activated on this website, your IP address will be shortened by Google beforehand within the member states of the European Union or in other contracting states of the agreement across the European Economic Area. Only in exceptional cases will the full IP address be sent to a Google server in USA and will be shortened there. Google will use this information on behalf of the operator of this website to evaluate your usage of the website to assemble reports on the website activities and to provide other services associated with the use of the website and of the internet to the website operator. Google ensures that the IP address transmitted by your browser is not compiled with other Google data, as a part of Google Analytics.
You can prevent the saving of cookies by activating the specific setting of your browser-software; we would like to point out to you that you may not be able to use all the functions of this website.
Moreover, you can prevent the collection of the data generated by the cookie and the data based on your usage of the website (incl. your IP address) to Google as well as the processing of this data by Google. For this purpose, download the Browser-Add-on from the following link (http://tools.google.com/dlpage/gaoptout?hl=de) and install it.
Refer to http://www.google.com/intl/de/analytics/privacyoverview.html for more information (general information on Google Analytics and data protection).
We would like to point out that Google Analytics is expanded by the gat._anonymizeIp(); code on this website in order to ensure an anonymised collection of IP addresses (so-called IP Masking).
3.9 Use of Social Plugins from Facebook, Twitter, Google+, Instagram, XING and LinkedIn
Social Plugins (“Plugins”) of social networks are used on our website.
The Plugins are not unrestricted, but are integrated into the page only by using a HTML link so as to increase the protection of your data when visiting our website. This integration ensures that no connection is established with the servers of the respective social network provider when opening a page of our website. Click on one of the buttons, a new window of your browser opens and the page of the relevant service provider opens, where (where necessary, after entering your Login data) you can activate the Like or Share button. Please follow the providers’ data privacy notice to know the purpose and scope of data collection and the further processing and the use of the data by the providers on their pages as well as your rights regarding this and setting options for protecting your privacy.
3.10 Use of YouTube Plugins
So-called Social Plugins (“Plugins”) of the video portal YouTube are used on our website, which are operated by YouTube LLC, 901 Cherry Avenue, San Bruno, CA 94066, USA (“YouTube”). Refer to https://developers.google.com/youtube/terms/branding-guidelinesfor obtaining an overview of the plugins of YouTube and their appearance.
If you open a page of our website, which contains such a plugin, then your browser establishes a direct connection to the YouTube servers. The content of the plugin is sent directly by YouTube to your browser and is integrated into the page. The integration helps YouTube to obtain information that your browser has opened the corresponding page of our website, even if you do not have a Twitter profile or have not logged on to Twitter. This information (including your IP address) is directly sent by your browser to a YouTube server in USA and is saved there. If you have logged on to YouTube, it can immediately link the visit to our website to your YouTube account. If you interact with the plugins, for example, if you activate the “Play” button, then the corresponding information is directly sent to a YouTube server and is saved there. Moreover, the information is published on your YouTube account and your contacts are displayed there. Please follow YouTube’s data privacy notice to know the purpose and scope of data collection and the further processing and the use of the data by YouTube as well as your rights regarding this and setting options for protecting your privacy.
If you do not want Twitter to immediately assign the data collected by our website to your
YouTube account, you must log out of YouTube before visiting
our website. You can completely prevent the loading of YouTube plugins even with Add-Ons for your browser,
e.g. with the Script blocker “NoScript” (https://noscript.net/).
Social Media Data Privacy
3.12 Anonymous or pseudonymous options for use
You can visit our websites without sharing your personal data. Pseudonymised usage data is not compiled with the data of the pseudonym holder. Pseudonymous usage profiles are not created.
4. Categories of recipients
In order to fulfil the planned purposes, different departments can access the required data in our company. The data processors appointed by us can obtain data for certain purposes, e.g. for IT services, for destructing files and marketing. In addition, public authorities, credit and finance service institutes, lawyers and tax consultants or credit agencies can be other recipients of personal data.
5. Transmission to a third country or to an international organisation
Data is transmitted to third countries only if this is essential or required by law to execute a contract, if you have given us your consent or if this results from the collective agreement or from the company agreement, e.g. as a part of a group data transfer. In addition, it must not be ruled out that an IT service provider from a third country (e.g. USA) could gain access to personal data in rare cases. Otherwise, no personal data will be transmitted to third countries or to an international organisation.
6. Duration of storing data
We save personal data for the duration of the contractual relationship. Moreover, the legal limitation periods are usually of three years. After the selection procedure for applicants is over, we usually delete your data within three months, if no employment takes place in our company. The different retention and documentation obligations arising from the Commercial Code (HGB) and the Tax Code (AO) are applicable, which are up to ten years.
You have the Right of Access by the Data Subject according to Art. 15 GDPR, Right to Rectification according to Art. 16 GDPR, Right to Erasure according to Art. 17 GDPR, Right to Restriction of Processing according to Art. 18 GDPR, and the Right to Data Portability according to Art. 20 GDPR. The limitations according to §§ 34 and 35 Federal Data Protection Act (BDSG) apply to the right of access and right to erasure.
You can revoke a granted consent at any given time. You can oppose the sending of our newsletter by clicking on the unsubscribe link in the newsletter. Please note that your revocation works only for the future.
9. Existence of a Right to lodge a complaint
Moreover, you have the right to lodge a complaint with a Data Protection supervisory authority (Art. 77 GDPR in conjunction with § 19 BDSG).
10. Obligation to provide data
You must provide only that information, which is essential for creating, implementing and terminating a contract or that we are required to collect by law. If you do not provide the essential information and documents to us, we may not commence or continue the business relationship you have requested.
11. Automated decision-making in an individual case
We primarily do not use any fully-automatic decision-making for commencing and implementing the business relationship. If we use these procedures in individual cases, we will inform you about the same, if this is prescribed by law.
We process a part of your data automatically with the objective of evaluating certain personal aspects (profiling), e.g. evaluation for target-oriented customer approach, need-based advertising including market and opinion research and scoring or rating. The evaluation may include data on the payment history (e.g. account turnovers, accounting balance) as well as criteria such as industry membership and experiences from the previous business relationship.
13. Categories of personal data
For example, we process the following categories of personal data: Person master data, contract master data, contract implementation and contract termination data, order data, data for fulfilling legal obligations, data on credit-worthiness, scoring data/rating data, advertising data and sales data, data on your usage of our offered tele-media (e.g. time of opening our websites, apps or newsletter, pages clicked by us or entries) as well as other data that is equivalent to the stated categories.
14. Data sources
We process the data obtained from you as a part of our business relationship in the same way as the data transmitted permissibly to us by other third parties. On the other hand, we collect data from publicly accessible sources (e.g. yellow pages and list of debtors, commercial register, press).
Information on your Right to Object Art. 21 General Data Protection Regulation (GDPR)
Right to object related to an individual case
You have the right to file an objection against the processing of personal data concerning you on grounds resulting from your particular situation, which is carried out on the basis of Article 6 Section 1e GDPR (Processing of data in public interest) and Article 6 Section 1f GDPR (Processing of data based on the weighing of interests); this also applies to a profiling based on this provision. If you file an objection, we will no longer process your personal data, unless we can prove compelling legitimate grounds for processing, which outweigh the interests, rights and liberties or if the processing helps to assert, exercise or defend legal claims.
Right to object processing of data for the purpose of direct advertising
We process your personal data to operate direct advertising. You are entitled to file an objection against processing of personal data concerning you at all times for the purpose of such advertisement; this also applies to profiling, as far as it is directly related to such direct advertising. If you object to the processing for purposes of direct advertisement, then we will no longer process your personal data on such grounds. The objection can be filed informally and should be preferably addressed to: