1.) Privacy Policy for Albin Halbritter Getränkeindustriebedarf GmbH
We are very delighted that you have shown interest in our enterprise. Data
protection is of a particularly high priority for the management of the Albin
Halbritter Getränkeindustriebedarf GmbH. The use of the Internet pages of the
Albin Halbritter Getränkeindustriebedarf GmbH is possible without any
indication of personal data; however, if a data subject wants to use special
enterprise services via our website, processing of personal data could become
necessary. If the processing of personal data is necessary and there is no
statutory basis for such processing, we generally obtain consent from the data
subject.
The processing of personal data, such as the name, address, e-mail address,
or telephone number of a data subject shall always be in line with the General
Data Protection Regulation (GDPR), and in accordance with the country-specific
data protection regulations applicable to the Albin Halbritter Getränkeindustriebedarf
GmbH. By means of this data protection declaration, our enterprise would like to
inform the general public of the nature, scope, and purpose of the personal data
we collect, use and process. Furthermore, data subjects are informed, by means
of this data protection declaration, of the rights to which they are entitled.
As the controller, the Albin Halbritter Getränkeindustriebedarf GmbH has
implemented numerous technical and organizational measures to ensure the most
complete protection of personal data processed through this website. However,
Internet-based data transmissions may in principle have security gaps, so
absolute protection may not be guaranteed. For this reason, every data subject
is free to transfer personal data to us via alternative means, e.g. by telephone.
1. Definitions
The data protection declaration of the Albin Halbritter Getränkeindustriebedarf
GmbH is based on the terms used by the European legislator for the adoption of
the General Data Protection Regulation (GDPR). Our data protection declaration
should be legible and understandable for the general public, as well as our
customers and business partners. To ensure this, we would like to first explain
the terminology used.
In this data protection declaration, we use, inter alia, the following terms:
Personal data means any
information relating to an identified or identifiable natural person (“data
subject”). 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.
Data subject is any identified
or identifiable natural person, whose personal data is processed by the
controller responsible for the processing.
Processing is any operation or
set of operations which is performed on personal data or on sets of personal
data, whether or not by automated means, such as collection, recording,
organisation, structuring, storage, adaptation or alteration, retrieval,
consultation, use, disclosure by transmission, dissemination or otherwise making
available, alignment or combination, restriction, erasure or destruction.
Restriction of processing is
the marking of stored personal data with the aim of limiting their processing in
the future.
Profiling means any form of
automated processing of personal data consisting of the use of personal data to
evaluate certain personal aspects relating to a natural person, in particular to
analyse or predict aspects concerning that natural person's performance at work,
economic situation, health, personal preferences, interests, reliability,
behaviour, location or movements.
Pseudonymisation is the
processing of personal data in such a manner 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 to ensure that the personal
data are not attributed to an identified or identifiable natural person.
Controller or controller
responsible for the processing is the natural or legal person, public authority,
agency or other body which, alone or jointly with others, determines the
purposes and means of the processing of personal data; where the purposes and
means of such processing are determined by Union or Member State law, the
controller or the specific criteria for its nomination may be provided for by
Union or Member State law.
Processor is a natural or legal
person, public authority, agency or other body which processes personal data on
behalf of the controller.
Recipient is a natural or legal
person, public authority, agency or another body, to which the personal data are
disclosed, whether a third party or not. However, public authorities which may
receive personal data in the framework of a particular inquiry in accordance
with Union or Member State law shall not be regarded as recipients; the
processing of those data by those public authorities shall be in compliance with
the applicable data protection rules according to the purposes of the processing.
Third party is a natural or
legal person, public authority, agency or body other than the data subject,
controller, processor and persons who, under the direct authority of the
controller or processor, are authorised to process personal data.
Consent of the data subject is
any freely given, specific, informed and unambiguous indication of the data
subject's wishes by which he or she, by a statement or by a clear affirmative
action, signifies agreement to the processing of personal data relating to him
or her.
2. Name and Address of the
controller
Controller for the purposes of the General Data Protection Regulation (GDPR),
other data protection laws applicable in Member states of the European Union and
other provisions related to data protection is:
Albin
Halbritter Getränkeindustriebedarf GmbH
Güterstraße
11
93142 Maxhütte-Haidhof
Deutschland
Phone: 09471/20504
Email: info@halbritter.eu
Website: www.halbritter.eu
3. Collection of general data
and information
The website of the Albin Halbritter Getränkeindustriebedarf GmbH collects a
series of general data and information when a data subject or automated system
calls up the website. This general data and information are stored in the server
log files. Collected may be (1) the browser types and versions used, (2) the
operating system used by the accessing system, (3) the website from which an
accessing system reaches our website (so-called referrers), (4) the sub-websites,
(5) the date and time of access to the Internet site, (6) an Internet protocol
address (IP address), (7) the Internet service provider of the accessing system,
and (8) any other similar data and information that may be used in the event of
attacks on our information technology systems.
When using these general data and information, the Albin Halbritter Getränkeindustriebedarf
GmbH does not draw any conclusions about the data subject. Rather, this
information is needed to (1) deliver the content of our website correctly, (2)
optimize the content of our website as well as its advertisement, (3) ensure the
long-term viability of our information technology systems and website
technology, and (4) provide law enforcement authorities with the information
necessary for criminal prosecution in case of a cyber-attack. Therefore, the
Albin Halbritter Getränkeindustriebedarf GmbH analyzes anonymously collected
data and information statistically, with the aim of increasing the data
protection and data security of our enterprise, and to ensure an optimal level
of protection for the personal data we process. The anonymous data of the server
log files are stored separately from all personal data provided by a data
subject.
4. Routine erasure and blocking
of personal data
The data controller shall process and store the personal data of the data
subject only for the period necessary to achieve the purpose of storage, or as
far as this is granted by the European legislator or other legislators in laws
or regulations to which the controller is subject to.
If the storage purpose is not applicable, or if a storage period prescribed
by the European legislator or another competent legislator expires, the personal
data are routinely blocked or erased in accordance with legal requirements.
5. Rights of the data subject
Each data subject shall have the right granted by the
European legislator to obtain from the controller the confirmation as to whether
or not personal data concerning him or her are being processed. If a data
subject wishes to avail himself of this right of confirmation, he or she may, at
any time, contact any employee of the controller.
Each data subject shall have the right granted by the
European legislator to obtain from the controller free information about his or
her personal data stored at any time and a copy of this information. Furthermore,
the European directives and regulations grant the data subject access to the
following information:
Furthermore, the data subject shall have a right to
obtain information as to whether personal data are transferred to a third
country or to an international organisation. Where this is the case, the data
subject shall have the right to be informed of the appropriate safeguards
relating to the transfer.
If a data subject wishes to avail himself of this right
of access, he or she may, at any time, contact any employee of the controller.
Each data subject shall have the right granted by the
European legislator to obtain from the controller without undue delay the
rectification of inaccurate personal data concerning him or her. Taking into
account the purposes of the processing, the data subject shall have the right to
have incomplete personal data completed, including by means of providing a
supplementary statement.
If a data subject wishes to exercise this right to
rectification, he or she may, at any time, contact any employee of the
controller.
Each data subject shall have the right granted by the
European legislator to obtain from the controller the erasure of personal data
concerning him or her without undue delay, and the controller shall have the
obligation to erase personal data without undue delay where one of the following
grounds applies, as long as the processing is not necessary:
If one of the aforementioned reasons applies, and a
data subject wishes to request the erasure of personal data stored by the Albin
Halbritter Getränkeindustriebedarf GmbH, he or she may, at any time, contact
any employee of the controller. An employee of Albin Halbritter Getränkeindustriebedarf
GmbH shall promptly ensure that the erasure request is complied with immediately.
Where the controller has made personal data public and
is obliged pursuant to Article 17(1) to erase the personal data, the controller,
taking account of available technology and the cost of implementation, shall
take reasonable steps, including technical measures, to inform other controllers
processing the personal data that the data subject has requested erasure by such
controllers of any links to, or copy or replication of, those personal data, as
far as processing is not required. An employees of the Albin Halbritter Getränkeindustriebedarf
GmbH will arrange the necessary measures in individual cases.
Each data subject shall have the right granted by the
European legislator to obtain from the controller restriction of processing
where one of the following applies:
If one of the aforementioned conditions is met, and a
data subject wishes to request the restriction of the processing of personal
data stored by the Albin Halbritter Getränkeindustriebedarf GmbH, he or she may
at any time contact any employee of the controller. The employee of the Albin
Halbritter Getränkeindustriebedarf GmbH will arrange the restriction of the
processing.
Each data subject shall have the right granted by the
European legislator, to receive the personal data concerning him or her, which
was provided to a controller, in a structured, commonly used and
machine-readable format. He or she shall have the right to transmit those data
to another controller without hindrance from the controller to which the
personal data have been provided, as long as the processing is based on consent
pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2)
of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR,
and the processing is carried out by automated means, as long as the processing
is not necessary for the performance of a task carried out in the public
interest or in the exercise of official authority vested in the controller.
Furthermore, in exercising his or her right to data
portability pursuant to Article 20(1) of the GDPR, the data subject shall have
the right to have personal data transmitted directly from one controller to
another, where technically feasible and when doing so does not adversely affect
the rights and freedoms of others.
In order to assert the right to data portability, the
data subject may at any time contact any employee of the Albin Halbritter Getränkeindustriebedarf
GmbH.
Each data subject shall have the right granted by the
European legislator to object, on grounds relating to his or her particular
situation, at any time, to processing of personal data concerning him or her,
which is based on point (e) or (f) of Article 6(1) of the GDPR. This also
applies to profiling based on these provisions.
The Albin Halbritter Getränkeindustriebedarf GmbH
shall no longer process the personal data in the event of the objection, unless
we can demonstrate compelling legitimate grounds for the processing which
override the interests, rights and freedoms of the data subject, or for the
establishment, exercise or defence of legal claims.
If the Albin Halbritter Getränkeindustriebedarf GmbH
processes personal data for direct marketing purposes, the data subject shall
have the right to object at any time to processing of personal data concerning
him or her for such marketing. This applies to profiling to the extent that it
is related to such direct marketing. If the data subject objects to the Albin
Halbritter Getränkeindustriebedarf GmbH to the processing for direct marketing
purposes, the Albin Halbritter Getränkeindustriebedarf GmbH will no longer
process the personal data for these purposes.
In addition, the data subject has the right, on grounds
relating to his or her particular situation, to object to processing of personal
data concerning him or her by the Albin Halbritter Getränkeindustriebedarf GmbH
for scientific or historical research purposes, or for statistical purposes
pursuant to Article 89(1) of the GDPR, unless the processing is necessary for
the performance of a task carried out for reasons of public interest.
In order to exercise the right to object, the data
subject may contact any employee of the Albin Halbritter Getränkeindustriebedarf
GmbH. In addition, the data subject is free in the context of the use of
information society services, and notwithstanding Directive 2002/58/EC, to use
his or her right to object by automated means using technical specifications.
Each data subject shall have the right granted by the
European legislator not to be subject to a decision based solely on automated
processing, including profiling, which produces legal effects concerning him or
her, or similarly significantly affects him or her, as long as the decision (1)
is not is necessary for entering into, or the performance of, a contract between
the data subject and a data controller, or (2) is not authorised by Union or
Member State law to which the controller is subject and which also lays down
suitable measures to safeguard the data subject's rights and freedoms and
legitimate interests, or (3) is not based on the data subject's explicit consent.
If the decision (1) is necessary for entering into, or
the performance of, a contract between the data subject and a data controller,
or (2) it is based on the data subject's explicit consent, the Albin Halbritter
Getränkeindustriebedarf GmbH shall implement suitable measures to safeguard the
data subject's rights and freedoms and legitimate interests, at least the right
to obtain human intervention on the part of the controller, to express his or
her point of view and contest the decision.
If the data subject wishes to exercise the rights
concerning automated individual decision-making, he or she may, at any time,
contact any employee of the Albin Halbritter Getränkeindustriebedarf GmbH.
Each data subject shall have the right granted by the
European legislator to withdraw his or her consent to processing of his or her
personal data at any time.
If the data subject wishes to exercise the right to
withdraw the consent, he or she may, at any time, contact any employee of the
Albin Halbritter Getränkeindustriebedarf GmbH.
6. Legal basis for the processing
Art.
6(1) lit. a GDPR serves as the legal basis for processing operations for 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 the data
subject is party, as is the case, for example, when processing operations are
necessary for the supply of goods or to provide any other service, the
processing is based on Article 6(1) lit. b GDPR. The same applies to such
processing operations which are necessary for carrying out pre-contractual
measures, for example in the case of inquiries concerning our products or
services. Is our company subject to a legal obligation by which processing of
personal data is required, such as for the fulfillment of tax obligations, the
processing is based on Art. 6(1) lit. c GDPR. In rare cases, the processing of
personal data may be necessary to protect the vital interests of the data
subject or of another natural person. This would be the case, for example, if a
visitor were injured in our company and his name, age, health insurance data or
other vital information would have to be passed on to a doctor, hospital or
other third party. Then the processing would be based on Art. 6(1) lit. d GDPR.
Finally, processing operations could be based on Article 6(1) lit. f GDPR. This
legal basis is used for processing operations which are not covered by any of
the abovementioned legal grounds, if processing is necessary for the purposes of
the legitimate interests pursued by our company or by a third party, except
where such interests are overridden by the interests or fundamental rights and
freedoms of the data subject which require protection of personal data. Such
processing operations are particularly permissible because they have been
specifically mentioned by the European legislator. He considered that a
legitimate interest could be assumed if the data subject is a client of the
controller (Recital 47 Sentence 2 GDPR).
7. The legitimate interests pursued by the controller
or by a third party
Where
the processing of personal data is based on Article 6(1) lit. f GDPR our
legitimate interest is to carry out our business in favor of the well-being of
all our employees and the shareholders.
8. Period for which the personal data will be stored
The
criteria used to determine the period of storage of personal data is the
respective statutory retention period. After expiration of that period, the
corresponding data is routinely deleted, as long as it is no longer necessary
for the fulfillment of the contract or the initiation of a contract.
9. Provision of personal data as statutory or
contractual requirement; Requirement necessary to enter into a contract;
Obligation of the data subject to provide the personal data; possible
consequences of failure to provide such data
We
clarify that the provision of personal data is partly required by law (e.g. tax
regulations) or can also result from contractual provisions (e.g. information on
the contractual partner). Sometimes it may be necessary to conclude a contract
that the data subject provides us with personal data, which must subsequently be
processed by us. The data subject is, for example, obliged to provide us with
personal data when our company signs a contract with him or her. The
non-provision of the personal data would have the consequence that the contract
with the data subject could not be concluded. Before personal data is provided
by the data subject, the data subject must contact any employee. The employee
clarifies to the data subject whether the provision of the personal data is
required by law or contract or is necessary for the conclusion of the contract,
whether there is an obligation to provide the personal data and the consequences
of non-provision of the personal data.
10. Existence of automated decision-making
As
a responsible company, we do not use automatic decision-making or profiling.
This
Privacy Policy has been generated by the Privacy Policy Generator of the External Data
Protection Officers
that was developed in cooperation with the Media Law
Lawyers from WBS-LAW.
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2.) Terms of Service
Contracting parties
On the basis of these terms and conditions (AGB) a contract is made between the customer and Albin Halbritter Getränkeindustriebedarf GmbH represented by Erich Halbritter Address: Güterstraße 11 93142 Maxhütte-Haidhof Phone: 09471/20504 Mobile: 0175/5261395 Fax: 09471/20546 E-mail address: info@halbritter.eu Commercial Register: Amberg Commercial register number: HRB 798 Sales tax identification number: DE 220249009, hereinafter referred to as provider Contract This agreement concerns the sale of new and used goods and services in the beverage industry of the
seller. Conclusion The contract is concluded by contract of sale, invoicing or by means of
communication such as telephone and e-mail. All
contracts (purchase, sale),
with the exception of invoices for payment in advance,
have a term of 3 years (except earlier termination).
The
validity of all pre-paid invoices and invoices issued by us are
limited to the time limits or payment periods
specified on the invoice.
Thereafter,
the goods are again available
to all customers and
the interim sale possible. The recipient of the invoice then has no claims for replacement
or compensation. Retention of title Until full payment, the delivered goods remain the property of the provider. Reservations The provider reserves the right not to provide in the case of unavailability of the promised service. Prices, shipping costs, return costs All prices are net prices and do not include VAT. In addition to these prices, additional costs could arise, depending on the shipping method. These costs will be displayed before invoicing. If there is made use of a right of withdrawal, the customer bears the cost of the return. Terms of payment The customer has only the following
options for payment: payment in advance via bank transfer or payment in cash before loading. Terms of delivery The goods will be shipped or provided for collection as soon as possible after confirmed receipt of payment on our bank account. Shipping is on average after 14 days at the latest. The entrepreneur undertakes to deliver on the 42th day after receipt of the order. The normal delivery time is 14 days unless otherwise stated in the item description. The provider usually ships the order from its own warehouse as soon as the entire order is in stock. The customer will be informed about delays immediately. If the supplier is not responsible for a permanent impediment to delivery, in particular force majeure or non-delivery by own suppliers, although a corresponding cover transaction was made in good time, the supplier has the right to withdraw from a contract with the customer. The customer will be informed immediately and any services received, in particular payments, will be refunded. Warranty If the customer is an entrepreneur, the warranty is excluded for second-hand goods. The used goods are sold from location Maxhütte, as available, without further guarantee for quality and condition, excluding any warranty. If the customer is a consumer, the warranty period for used goods is limited to one year. There is no warranty period for goods that are sold as defective or for the removal of spare parts. This does not apply to claims for damages of the customer due to injury to life, limb, health or essential contractual obligations, which must necessarily be fulfilled in order to achieve the contract objective. Likewise, this does not apply to claims for damages after grossly negligent or intentional breach of duty by the provider or his legal representative or vicarious agent. Otherwise, the statutory provisions apply. Right of withdrawal and customer service Cancellation We can refuse the refund until we get the goods back. You have the goods immediately and in any event not later than fourteen days
from the date on which you inform us of the cancellation of this contract
to: Disclaimer Claims for damages of the customer are excluded, unless otherwise stated for the following reasons. This also applies to the representative and vicarious agents of the provider, if the customer raises these claims for damages. Excluded are claims for damages of the customer due to injury to life, limb, health or essential contractual obligations, which must necessarily be fulfilled in order to achieve the contractual objective. Likewise, this does not apply to claims for damages after grossly negligent or intentional breach of duty by the provider or his legal representative or vicarious agent. Assignment and pledge ban Claims or rights of the customer against the provider may not be assigned or pledged without his consent, unless the customer has demonstrated a legitimate interest in the assignment or pledging. Language, jurisdiction and applicable law The contract is written in German. The further implementation of the contractual relationship takes place in German. It exclusively applies the law of the Federal Republic of Germany. For consumers, this applies only insofar as this does not restrict any statutory provisions of the state in which the customer has his domicile or habitual residence. The place of jurisdiction for disputes with customers who are not consumers, legal entities of public law or special funds under public law is the domicile of the provider. Severability clause The invalidity of any provision of these Terms
and Conditions has no effect on the validity of the remaining provisions. These Terms
of Service were partly made by use of the generator of the Deutschen Anwaltshotline AG. |
Copyright © 2002 Albin Halbritter GmbH. Alle Rechte vorbehalten.
Stand: 25. Mai 2018