DATA PROTECTION DECLARATION ACCORDING TO DSGVO

I. Name and address of the person responsible

The person responsible in terms of the basic data protection regulation and other national data protection laws of the member states and other data protection regulations is the:

Haberling GmbH & Co. Int.Sped.KG
Saatwinkler Damm 57
13627 Berlin
Germany
Phone: 030 - 34 99 000
e-mail: haberling@haberling.de
Website: www.haberling.de

II. Name and address of the Data Protection Officer

The data protection officer of the controller is:
Matthias Valentiner
Bernd Eisfeld Management Consulting GmbH
Abendrothsweg 69
20251 Hamburg
Tel: 040 300 315 200
E-mail: datenschutzbeauftragter@haberling.de
Internet: www.beub.de

III. general information on data processing

1. the scope of processing of personal data

As a matter of principle, we collect and use personal data of our users only to the extent necessary to process our contracts. After fulfilment of the contractual obligations, we process data only after consent has been given. An exception is made in cases where prior consent cannot be obtained for factual reasons or where the processing of data is permitted by legal regulations.

2. legal basis for the processing of personal data

Insofar as we obtain the consent of the data subject for the processing of personal data, Art. 6 para. 1 lit. a DSGVO serves as the legal basis. When processing personal data which is necessary for the performance of a contract to which the data subject is a party, Art. 6 para. 1 lit. b DSGVO serves as the legal basis. This also applies to processing operations which are necessary for the implementation of pre-contractual measures. Insofar as the processing of personal data is necessary to fulfil a legal obligation to which our company is subject, Art. 6 para. 1 lit. c DSGVO serves as the legal basis. If the processing is necessary to safeguard a legitimate interest of our company or of a third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh the former interest, Art. 6 para. 1 lit. f DSGVO serves as the legal basis for the processing.

3. data deletion and storage period

The personal data of the person concerned will be deleted or blocked as soon as the purpose of the storage is no longer applicable. Furthermore, data may be stored if this has been provided for by the European or national legislator in Union regulations, laws or other regulations to which the person responsible is subject. Data is also blocked or deleted when a storage period prescribed by the aforementioned standards expires, unless there is a need to continue storing the data for the purpose of concluding or fulfilling a contract.

IV. Provision of the website and creation of log files

1. description and scope of data processing

Whenever you visit our website, our system automatically collects data and information from the computer system of the calling computer. The following data is collected:

Information about the browser type and the version used
The user's operating system
The IP address of the user
2. legal basis for the data processing

The legal basis for the temporary storage of data and log files is Art. 6 para. 1 lit. f DSGVO.

3. purpose of data processing

The temporary storage of the IP address by the system is necessary to enable the website to be delivered to the user's computer. For this purpose, the user's IP address must remain stored for the duration of the session. The storage in log files is done to ensure the functionality of the website. In addition, the data is used to optimise the website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context. These purposes also include our legitimate interest in data processing in accordance with Art. 6 para. 1 lit. f DSGVO.

4. duration of storage

The data will be deleted as soon as they are no longer necessary for the purpose of their collection. In the case of the collection of data for the provision of the website, this is the case when the respective session is ended. In the case of data stored in log files, this is the case after seven days at the latest. Storage beyond this period is possible. In this case, the IP addresses of the users are deleted or alienated, so that an assignment of the calling client is no longer possible.

5. possibility of objection and removal

The collection of the data for the provision of the website and the storage of the data in log files is mandatory for the operation of the website

V. Use of cookies

1. description and scope of data processing

Our website uses cookies. Cookies are text files that are stored in the Internet browser or by the Internet browser on the user's computer system. If a user calls up a website, a cookie can be stored on the user's computer system. This cookie contains a characteristic string of characters that enables the browser to be uniquely identified when the website is called up again. We use cookies to make our website more user-friendly. Some elements of our website require the calling browser to be able to be identified even after a page change. The following data is stored and transmitted in the cookies:

• Language settings
• Articles in a shopping cart
• Log-in information

We also use cookies on our website, which enable us to analyse the surfing behaviour of the users. In this way the following data can be transmitted:

• Entered search terms
• Frequency of page views
• Use of website functions

The user data collected in this way is pseudonymised by technical precautions. Therefore, it is no longer possible to assign the data to the calling user. The data is not stored together with other personal data of the users. When accessing our website, users are informed by an info banner about the use of cookies for analysis purposes and are referred to this data protection declaration. In this context, there is also a note on how the storage of cookies can be prevented in the browser settings. When accessing our website, the user is informed about the use of cookies for analysis purposes and his consent to the processing of the personal data used in this context is obtained. In this context, reference is also made to this data protection declaration.

b) Legal basis for data processing

The legal basis for the processing of personal data using cookies is Art. 6 para. 1 lit. f DSGVO. The legal basis for the processing of personal data using technically necessary cookies is Art. 6 para. 1 lit. f DSGVO. The legal basis for the processing of personal data using cookies for analysis purposes is Art. 6 para. 1 lit. a DSGVO if the user has given his or her consent.

c) Purpose of data processing

The purpose of using technically necessary cookies is to simplify the use of websites for users. Some functions of our website cannot be offered without the use of cookies. For these, it is necessary that the browser is recognized even after a change of pages. We require cookies for the following applications:

• Shopping cart
• Transfer of language settings
• Memorizing search terms

The user data collected through technically necessary cookies is not used to create user profiles. The analysis cookies are used for the purpose of improving the quality of our website and its contents. Through the analysis cookies we learn how the website is used and can thus constantly optimise our offer. These purposes also include our legitimate interest in processing personal data in accordance with Art. 6 Para. 1 lit. f DSGVO.

e) Duration of storage, possibility of objection and removal

Cookies are stored on the user's computer and transmitted by the user to our site. Therefore, you as a user also have full control over the use of cookies. By changing the settings in your Internet browser, you can deactivate or restrict the transmission of cookies. Cookies already stored can be deleted at any time. This can also be done automatically. If cookies for our website are deactivated, it is possible that not all functions of the website can be used to their full extent.

You can also change your cookie consent here: Cookie Zustimmungsänderung

VI. rights of the data subject

If personal data is processed by you, you are a data subject within the meaning of the DSGVO and you are entitled to the following rights in relation to the person responsible:

1. right of information

You can request confirmation from the person responsible as to whether personal data concerning you is being processed by us. If such processing is carried out, you may request information from the data controller on the following:

• the purposes for which the personal data are processed;
• the categories of personal data which are processed;
• the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;
• the planned duration of storage of the personal data concerning you or, if it is not possible to give specific details, criteria for determining the duration of storage;
• the existence of a right of rectification or erasure of personal data concerning you, a right to have the processing limited by the controller or a right to object to such processing;
• the existence of a right of appeal to a supervisory authority;
• any available information as to the source of the data where the personal data are not collected from the data subject;
• the existence of automated decision-making, including profiling, in accordance with Art. 22, paragraphs 1 and 4 DPA and, at least in these cases, meaningful information on the logic involved and the scope and intended consequences of such processing for the data subject.
• You have the right to request information as to whether the personal data concerning you is transferred to a third country or to an international organisation. In this context, you may request to be informed of the appropriate safeguards pursuant to Art. 46 DPA in connection with the transfer.

2. right of rectification

You have the right to obtain from the data controller the rectification and/or integration of any personal data processed concerning you if it is incorrect or incomplete. The data controller shall make the correction without delay.

3. the right to limit processing

Under the following conditions, you may request that the processing of personal data concerning you be restricted:

• if you dispute 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 deletion of the personal data and instead request 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 in order to assert, exercise or defend legal claims; or
• if you have lodged an objection to the processing in accordance with Art. 21 Para. 1 DSGVO and it is not yet clear whether the legitimate reasons of the controller outweigh your reasons.

If the processing of personal data relating to you has been restricted, such data - apart from being stored - may be processed only with your consent or for the purpose of asserting, exercising or defending legal claims or protecting the rights of another natural or legal person or on grounds of an important public interest of the Union or a Member State. If the restriction on processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.

4. right of cancellation

a. Obligation to delete

You may request the controller to delete personal data concerning you without delay and the controller is obliged to delete such data without delay if one of the following reasons applies:

• the personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed
• you revoke your consent on which the processing was based in accordance with Article 6 paragraph 1 letter a or Article 9 paragraph 2 letter a of the DPA and there is no other legal basis for the processing.
• You submit an objection to the processing pursuant to Art. 21 Para. 1 DSGVO and there are no overriding legitimate reasons for the processing, or you submit an objection to the processing pursuant to Art. 21 Para. 2 DSGVO.
• The personal data concerning you have been processed unlawfully.
• The deletion of personal data concerning you is necessary to comply with a legal obligation under Union law or the law of the Member States to which the controller is subject.
• The personal data concerning you have been collected in relation to information society services provided in accordance with Article 8(1) of the DPA.

b. Information to third parties

If the controller has made public the personal data concerning you and is obliged to delete them in accordance with Art. 17 para. 1 DPA, he shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform data controllers who process the personal data that you, as a data subject, have requested them to delete all links to these personal data or copies or replications of these personal data.

c. Exceptions

The right of cancellation does not exist insofar as the processing is necessary

• on the exercise of the right to freedom of expression and information;
• to comply with a legal obligation requiring processing under Union or national law to which the controller is subject, or to carry out a task carried out in the public interest or in the exercise of official authority vested in the controller;
• for reasons of public interest in the field of public health pursuant to Art. 9 para. 2 lit. h and i as well as Art. 9 para. 3 DSGVO;
• for archiving, scientific or historical research purposes in the public interest or for statistical purposes pursuant to Art. 89 para. 1 DSGVO, insofar as the law referred to in a) is likely to render impossible or seriously prejudice the attainment of the objectives of such processing, or to assert, exercise or defend legal claims.

5. right to information

If you have exercised the right to rectify, erase or limit the processing, the controller is obliged to notify all recipients to whom the personal data concerning you have been disclosed of this rectification, erasure or limitation of processing, unless this proves impossible or involves a disproportionate effort. You have the right to be informed of these recipients by the controller.

6. right to data transferability

You have the right to receive the personal data concerning you that you have provided to the data controller in a structured, common and machine-readable format. You also have the right to have this data communicated to another controller without interference from the controller to whom the personal data has been made available, provided that

• the processing is based on a consent pursuant to Art. 6 para. 1 letter a DSGVO or Art. 9 para. 2 letter a DSGVO or on a contract pursuant to Art. 6 para. 1 letter b DSGVO and
• the processing is carried out using automated procedures.

In exercising this right, you also have the right to obtain that the personal data concerning you be transferred directly from one controller to another controller, in so far as this is technically feasible. The freedoms and rights of other persons must not be affected by this. The right to data transferability shall not apply to 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.

7. right of objection

You have the right to object at any time, for reasons arising from your particular situation, to the processing of personal data concerning you which is carried out on the basis of Article 6 paragraph 1 letter e or f of the DPA; this also applies to profiling based on these provisions. The controller no longer processes the personal data concerning you, unless he can demonstrate compelling reasons for processing which are worthy of protection and which outweigh your interests, rights and freedoms, or unless the processing serves to assert, exercise or defend legal claims. Where personal data relating to you are processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data relating to you for the purpose of such marketing, including profiling, insofar as it relates to such direct marketing. If you object to processing for the purposes of direct marketing, the personal data concerning you will no longer be processed for those purposes. You have the possibility to exercise your right of objection in relation to the use of information society services, without prejudice to Directive 2002/58/EC, by means of automated procedures using technical specifications.

8. right to withdraw your data protection consent

You have the right to revoke your data protection declaration of consent at any time. Revocation of your consent does not affect the legality of the processing that has taken place on the basis of your consent until revocation.

9. automated decision in individual cases including profiling

You have the right not to be subject to a decision based solely on automated processing, including profiling, which has legal effect on you or which significantly affects you in a similar way. This shall not apply if the decision

• is necessary for the conclusion or fulfilment of a contract between you and the person responsible,
• is authorised by Union or national legislation to which the person responsible is subject and that legislation provides for appropriate measures to safeguard your rights and freedoms and your legitimate interests, or
• with your express consent.

However, these decisions may not be based on special categories of personal data in accordance with Art. 9 Para. 1 DSGVO, unless Art. 9 Para. 2 lit. a or g DSGVO applies and appropriate measures have been taken to protect your rights and freedoms and your legitimate interests. With regard to the cases referred to in (1) and (3), the controller shall take appropriate measures to safeguard the rights and freedoms and your legitimate interests, which shall include at least the right to obtain the intervention of a person from the controller, to express his or her point of view and to contest the decision.

10. right to appeal to a supervisory authority

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority if you believe that the processing of personal data concerning you is in breach of the DPA. The supervisory authority to which the complaint has been lodged shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Art. 78 DSGVO.

The competent supervisory authority in matters of data protection law is the State Data Protection Commissioner of the federal state in which our Company has its registered office. Since we have our registered office in Berlin, the supervisory authority is the

Berlin Commissioner for Data Protection and Freedom of Information
Friedrichstrasse 219
10969 Berlin
49 (30) 138890
https://www.datenschutz-berlin.de