1. General

1.1. The conclusion of the contract takes place under the exclusive validity of our General Terms and Conditions (hereinafter: General Terms and Conditions); We do not recognize conflicting or deviating terms and conditions of the contractual partner unless we have expressly agreed to their validity in writing. Our terms and conditions also apply if we fulfill our contractual obligation without reservation in the knowledge of conflicting or deviating terms and conditions of the contractual partner.

1.2. Our terms and conditions only apply to an entrepreneur (§§ 310 I, 14 BGB), a legal entity under public law or a special fund under public law. They also do not apply in these cases if our offer is submitted as part of an invitation to tender in accordance with VOB/A or other award procedures.

1.3. All agreements made between us and the contractual partner to change the contract or for the purpose of executing this contract must be recorded in writing for purposes of proof. This also applies to supplements. The written form agreement can only be canceled in writing for individual cases.

1.4. Our terms and conditions also apply to all future transactions with the contractual partner.

1.5. Our place of business is the exclusive place of jurisdiction; however, we are entitled to sue the contractual partner at the court where the registered office is located.

1.6. Unless otherwise stated in the order confirmation, our place of business is the place of performance.

1.7. The contract is subject to German substantive law to the exclusion of the UN Sales Convention.

2. Offer

2.1. Our offer is non-binding.

2.2. The documents submitted before the offer, such as advertising brochures, etc. as well as the documents belonging to the offer, such as illustrations, drawings, weight and dimensions are subordinate to the service description in our offer, unless they are expressly designated as binding and take precedence. In the event of contradictions between the service description and the documents mentioned, the service description in the offer takes precedence.

2.3. If the contract partner's order qualifies as an offer in accordance with § 145 BGB, we can accept it within 3 weeks, unless a shorter or longer commitment period has been agreed in writing.

2.4. An order is only deemed to have been accepted if it has been confirmed by us in writing or if we have started to carry it out.

2.5. We reserve the property rights and copyrights to cost estimates, drawings and other documents; they may not be made accessible to third parties. This applies in particular to such written documents that are marked as "confidential"; before passing them on to third parties, the customer requires our express written consent. We undertake to only make plans designated as confidential accessible to third parties with the contractual partner's consent.

3. Severability Clause

Should a provision of this contract be or become invalid, the legal validity of the remaining provisions shall not be affected. Insofar as a provision in the individual part of the contract is ineffective, the contracting parties undertake to replace the ineffective provision with an effective one whose purpose comes as close as possible to that of the omitted provision. The same applies if there is a loophole in the contract.

1. Orders and Orders

1.1. Insofar as our order does not expressly contain a binding period, we are bound by it for one week after the date of the order. The receipt of the declaration of acceptance by us is decisive for the timely acceptance.

1.2. We are entitled to change the time and place of delivery as well as the type of packaging at any time by giving written notification at least 7 calendar days before the agreed delivery date.

1.3. Quality requirements If specified in the contract, customers and/or customer representatives as well as representatives of authorities (e.g. Federal Aviation Authority, Federal Maritime and Hydrographic Agency etc.) have the right to carry out verification at the contractor's and organization's site, viz regarding the compliance of the product with the specified requirements. The product-specific quality requirements result from the respective delivery contracts, in particular from the associated technical specifications, technical documentation, drawings, proprietary or third-party forms, samples, etc. The contractor must observe the current quality requirements made available to him.

1.4. Quality audits - The contractor assures the client and end customer of the right to audits, insofar as the audits relate to the QM system and the components to be delivered. The client and the end customer are given access to the QA documents and the quality records after prior notification.

2. Prices, Terms of Payment, Invoice Information

2.1. The price stated in the order is binding.

2.2. Unless otherwise agreed in writing, the price includes delivery and transport to the shipping address specified in the contract, including packaging. At our request, the supplier must take back the packaging at his own expense.

2.3. Unless otherwise agreed, we shall pay the purchase price within 14 days of delivery of the goods and receipt of the invoice with a 2% discount or within 30 days net. The receipt of our transfer order at our bank is sufficient for the timeliness of the payments owed by us, provided that this is accepted and executed by the bank.

2.4. Our order number, article number, delivery quantity and delivery address must be stated in all order confirmations, delivery documents and invoices. If one or more of these details are missing and processing is delayed as a result of our normal business dealings, the payment deadlines specified in paragraph 4 are extended by the period of the delay.

2.5. In the event of a delay in payment, we owe default interest of five percentage points above the base interest rate in accordance with Section 247 of the German Civil Code. A further claim for damages remains unaffected if the delay is due to intent or gross negligence.

2.6. We are entitled to rights of offsetting and retention as well as the defense of non-fulfilment of the contract to the extent permitted by law. In particular, we are entitled to withhold payments that are due as long as we are still entitled to claims from incomplete or defective services against the supplier.

2.7. The supplier only has a right of offsetting or retention due to legally established, recognized or undisputed counterclaims.

3. Delivery time and delivery, performance, transfer of risk - contractual penalty

3.1. The delivery time specified in the order (delivery date or period) is binding. Early deliveries or partial deliveries are only permitted with our written consent.

3.2. The supplier is obliged to inform us immediately in writing if circumstances arise or become apparent that mean that the delivery time cannot be met.

3.3. In the event of a delay in delivery, the occurrence of which is based on the statutory provisions, we are entitled to the statutory claims without restriction, including the right of withdrawal and the claim for damages instead of performance after the unsuccessful expiry of a reasonable grace period.

3.4.In the event of culpable delays in delivery, we are entitled to demand a contractual penalty of 0.5%, maximum 5%, of the respective net order value for each week of delay or part thereof after prior written warning to the supplier. In the case of culpable delays in delivery of partial services, a contractual penalty of 0.5% of the net order value attributable to the partial service concerned, a maximum of 5% thereof for each week of delay in delivery started, can be asserted. In total, the sum of various contractual penalties must not exceed 5% of the total net order value. We reserve the right to make further claims for damages, to which the contractual penalty will be offset. If we accept the delayed performance, the contractual penalty must be claimed at the latest with the final payment.

3.5. Without our written consent, the supplier is not entitled to pass the order on to subcontractors in whole or in part or to have it carried out by subcontractors.

3.6. The risk only passes to us, even if shipment has been agreed, when the goods are handed over to us at the agreed destination.

4. Section 19 Replacement Parts

4.1. The supplier is obliged to keep spare parts for the products delivered to us for a period of at least 5 years after delivery.

4.2. If the supplier intends to discontinue the production of spare parts for the products delivered to us, he will notify us of this immediately after the decision to discontinue. Subject to paragraph 1, this decision must be made at least 6 months before the end of production.

5. 20 Guarantee and Warranty Claims

5.1. The supplier guarantees that the items delivered by him fully correspond to the service description in the order. Deviations are also not permitted without our express written consent if the items that the supplier wishes to deliver are functionally identical to the item described in the order.

5.2. In the event of defects, we are entitled to the statutory claims without restriction. The warranty period is 2 years from delivery (§ 438 Para. 1 No. 3 BGB).

5.3. The supplier assumes the quality assurance with regard to the items to be delivered by him. Our obligation to inspect and to give notice of defects is therefore limited to defects that come to light during our incoming goods inspection during an external inspection (e.g. damage in transit, incorrect or short deliveries). If acceptance of the items has been agreed, there is no separate inspection obligation. Deviations in quality and quantity are in any case reported in good time if we notify the supplier within 10 working days of receipt of the goods. In any case, hidden material defects are reported in good time if the notification is made to the supplier within 10 working days after discovery.

5.4. The supplier shall bear the costs incurred for the inspection and supplementary performance even if the request for supplementary performance proves to be unjustified. This does not apply if our request for supplementary performance was made with knowledge or grossly negligent ignorance of the fact that there is no defect.

5.5. We do not waive warranty claims by accepting or approving the samples or specimens submitted.

5.6. The statute of limitations for warranty claims is suspended when the supplier receives our written notification of defects. In the event of a replacement delivery or the elimination of defects, the warranty period for replaced or repaired parts begins anew, unless we see that the measure was only done as a gesture of goodwill and without acknowledgment of a legal obligation.

6. 21 Product Liability

The supplier is responsible for all claims asserted by third parties for personal injury or damage to property that can be traced back to a defective product delivered by him and is obliged to indemnify us from the resulting liability.

7. Section 22 Intellectual Property Rights

7.1. The supplier is responsible for ensuring that no property rights of third parties in countries of the European Union, North America or other countries in which he manufactures the products or has them manufactured are violated in connection with his delivery.

7.2. The supplier is obliged to indemnify us against all claims that third parties raise against us due to the violation of industrial property rights mentioned in paragraph 1, and to reimburse us for all necessary expenses in connection with this claim. This claim exists regardless of whether the supplier is at fault.

1. Prices – Terms of Payment

1.1. Unless otherwise agreed in writing, our prices are ex works Bremerhaven excluding the costs for any packaging and transport; these are to be paid for separately. Statutory value added tax is not included in our prices; it is shown separately on the invoice at the statutory rate on the day of invoicing.

1.2. Unless otherwise agreed, payment must be made within 14 days of receipt of the invoice without any deductions. If the customer is in default, § 288 BGB applies; we reserve the right to claim further damages.

1.3. All of our claims are due immediately if the terms of payment are not met or if we become aware of circumstances that are likely to reduce the customer's creditworthiness. We are then also entitled to carry out outstanding deliveries or services only against advance payment and to withdraw from the contract after a reasonable period of grace or to demand damages instead of performance if the customer is at fault.

1.4. The customer is only entitled to set-off rights if his counterclaims have been legally established, are undisputed or have been recognized by us. Excluded from this are warranty claims for damages from the present contract. Furthermore, he is entitled to exercise a right of retention under the aforementioned conditions insofar as his counterclaim is based on the same contractual relationship.

2. Delivery period and delivery date

2.1. Delivery dates and delivery periods are only binding if this has been expressly agreed in individual cases. The delivery period begins on the day we accept the order, but not before all execution details have been completely clarified.

2.2. The delivery period and delivery date are deemed to have been met once the goods are ready for dispatch and reported in good time if dispatch is impossible for us through no fault of our own.

2.3. The agreed delivery period is extended - without prejudice to our rights arising from the customer's default - by the period by which the customer is in default with his obligations from this or another contract. This applies analogously if a delivery date has been agreed.

2.4. If we are in arrears with the delivery, the customer can set us a reasonable grace period and withdraw from the contract after the period has expired.

2.5. Claims for damages due to non-compliance with binding delivery times or due to other delays are excluded, unless the damage was caused intentionally or through gross negligence by our legal representatives or executives; in the case of slightly negligent delay, we are only liable for the foreseeable damage that is typical for the contract.

3. Delivery hindrance

Events of force majeure entitle us to delay the delivery or service for the duration of the hindrance and a reasonable start-up period or to withdraw from the contract because of the part that has not yet been fulfilled. Strikes, lockouts and other circumstances for which we are not responsible are equivalent to force majeure, which make delivery or performance of the service significantly more difficult or otherwise impossible, such as fire, machine damage, lack of raw material, obstruction of the traffic routes, regardless of whether whether these circumstances occur with us or our suppliers. The customer can demand a declaration from us as to whether we are withdrawing or whether we want to deliver or perform within a reasonable period of time. If we do not explain ourselves, the customer can withdraw.

4. Damages due to unauthorized non-acceptance

4.1. If the customer withdraws from the contract without justification or if he does not accept the goods within the agreed period or otherwise a reasonable period set in the notification of readiness for dispatch, we can withdraw from the contract and claim damages. In this case, the risk of accidental loss or accidental deterioration of the goods is transferred to the customer at the point in time at which he is in default of acceptance.

4.2. The customer owes 25% of the net invoice amount as damages; if we can prove that higher damage has occurred, compensation for this damage is owed. The customer is permitted to prove that we have suffered no or less damage.

5. Transfer of risk

The risk passes to the customer when the goods are handed over to the forwarding agent or carrier, but no later than when the goods leave the factory. Insofar as reference is made to Incoterms, the clauses in the current version at the time the contract is concluded are decisive. Goods that have been notified as ready for dispatch must be called off immediately; otherwise we are entitled to store them at our own discretion at the expense and risk of the customer and to charge them as delivered ex works.

6. Retention of title

6.1. We reserve ownership of the goods until receipt of all payments from the delivery contract. If the customer behaves in breach of contract, in particular in the event of default in payment, we are entitled to take back the goods. Taking back the goods by us does not constitute a withdrawal from the contract unless we have expressly declared this in writing. If we seize the goods, this always constitutes a withdrawal from the contract. After taking back the goods, we are authorized to sell them;

6.2. The customer is obliged to treat the goods with care; in particular, he is obliged to insure them adequately at his own expense against fire, water and theft damage at replacement value. If maintenance and inspection work is required, the customer must carry this out in good time at his own expense.

6.3. In the event of attachments or other interventions by third parties, the customer must inform us immediately in writing so that we can file a suit in accordance with § 771 ZPO. Insofar as the third party is not in a position to reimburse us for the court and out-of-court costs of a lawsuit in accordance with § 771 ZPO, the customer shall be liable for the loss incurred by us.

6.4. The customer is entitled to resell the goods in the ordinary course of business; however, he hereby assigns to us all claims in the amount of the final invoice amount agreed with us (including VAT) that accrue to him from the resale against his customers or third parties, regardless of whether the goods are resold without or after processing has been. The customer remains authorized to collect this claim even after the assignment, as long as he meets his payment obligations from the proceeds received, is not in default of payment and, in particular, no application for the opening of insolvency proceedings has been filed or payments have been suspended. If this is the case, however, we can demand that the customer informs us of the assigned claims and their debtors,

6.5. The processing or transformation of the goods by the customer is always carried out for us. The customer's expectant right to the goods continues with the transformed item. If the goods are processed with other items that do not belong to us, we acquire co-ownership of the new item in proportion to the objective value of our goods to the other processed items at the time of processing. The same applies to the item resulting from processing as to the goods delivered subject to reservation.

6.6. If the goods are inseparably connected to other items that do not belong to us, we acquire co-ownership of the new item in proportion to the objective value of our goods to the other items at the time of connection. This does not apply if the new item is to be legally assessed as the main item or as an essential component. If the connection is made in such a way that the customer's item is to be regarded as the main item, it is agreed that the customer transfers proportionate co-ownership to us. The customer keeps the resulting sole ownership or co-ownership for us.

6.7. We undertake to release the securities to which we are entitled at the customer's request insofar as the realizable value of our securities exceeds the claims to be secured by more than 10% or the nominal amount by more than 50%; we are responsible for selecting the securities to be released.

7) Section 10 Impossibility

Insofar as our delivery is impossible for reasons for which we are responsible, the customer can, without prejudice to his right to withdraw from the contract, only demand compensation in the amount of up to 20% of the net price of the delivery part that has become impossible, but at least the damage typical for the contract; this restriction does not apply in the event of intent, gross negligence or injury to life, limb or health. A reversal of the burden of proof at the expense of the customer is not associated with this regulation.

8. Other claims for damages

8.1. Claims for damages and reimbursement of expenses by the customer, for whatever legal reason, in particular from the violation of obligations arising from the contractual relationship that do not constitute warranty claims, do not exist.

8.2. This does not apply if the liability is based on mandatory standards, in particular under the Product Liability Act, in the event of intent or gross negligence, in the event of injury to life, limb or health, in the event of a breach of essential contractual obligations. Essential contractual obligations are those that are expressly agreed as such. In addition, the delivery and, if applicable, installation of the subject of the contract that is free of significant defects, as well as the duties of advice, protection and care, which are intended to enable the customer to use the subject of the delivery in accordance with the contract, are essential to the contract. In the event of a breach of essential contractual obligations, the claim for damages is limited to the contractually typical, foreseeable damage, unless there is intent, gross negligence or injury to life, of the body or health. A reversal of the burden of proof at the expense of the customer is not associated with this regulation.

9. Acceptance

If acceptance of the purchased item has been expressly agreed or if we manufacture the item to be delivered or carry out repairs on an item, this shall be deemed accepted if

9.1. the delivery and, if we are also responsible for the installation, the installation has been completed,

9.2. we have informed the customer of this with reference to the acceptance fiction according to this § 12 and have requested him to accept,

9.3. 14 working days have passed since delivery or installation or the customer has started using the item and in this case seven working days have passed since delivery or installation, or

9.4. the customer has failed to accept the item within this period for a reason other than a defect notified to us which makes it impossible or significantly impairs the use of the item.

10. Quality

10.1. The advertising brochures submitted prior to the offer are subordinate to the service description in our offer, unless they are expressly designated as binding and take precedence. In the event of contradictions between the service description and the documents mentioned, the service description in the offer takes precedence. Section 13 (2) applies to plan drawings and other visual representations specific to the order.

10.2. Insofar as the production or delivery is based on drawings and plans, the visual representation (drawings, plans, etc.) shall take precedence in the event of any contradictions between the visual and the textual description of the subject matter of the contract. In remaining cases of doubt, the parties must jointly resolve any ambiguities.

10.3. The customer must notify us of subsequent changes to the quality requirements as early as possible; we will then make an offer for any additional compensation. If the customer does not accept this and the parties do not agree on the price, we can withdraw from the contract and demand part of the remuneration corresponding to the work performed.

11. Warranty

11.1. Only the description of the service contained in the order confirmation or the contract is relevant for determining the contractual quality of the goods. We only assume a guarantee if this has been expressly agreed in writing and the promise is designated as a "guarantee".

11.2. The customer's warranty rights presuppose that he has duly fulfilled his obligations to examine and give notice of defects according to § 377 HGB. Obvious defects must be reported within one week of receipt of the goods by the customer and non-obvious defects within one week of their discovery.

11.3. If there is a defect in the goods, we are entitled to supplementary performance (at our choice: elimination of the defect or delivery of a defect-free item). Without our prior consent, the customer may not carry out work to remedy defects himself or through third parties; We will not bear the costs for such work. In the event that we rectify the defect, we are obliged to bear all expenses necessary for the purpose of rectifying the defect, in particular transport, travel, labor and material costs, provided these are not increased by the fact that the goods have been taken to a different location than that to which we have delivered the goods or which is named in the contract as the place of destination.

11.4. If the remedy of the defect fails or is refused by us, or if we refuse to deliver a defect-free item, the customer is entitled to choose to withdraw from the contract or to demand a corresponding reduction in the purchase price (reduction).

11.5. Unless otherwise stated below (paragraph 6), further claims of the customer - regardless of the legal grounds - are excluded. We are therefore not liable for damage that has not occurred to the delivery item itself; in particular, we are not liable for lost profits or other financial losses of the customer.

11.6. If the cause of the damage is based on intent or gross negligence or if the damage affects life, limb or health, we are liable in accordance with the statutory provisions. If we breach an essential contractual obligation through slight negligence (§ 11 Para. 2), liability is limited to the damage that is typical for the contract; otherwise it is excluded according to paragraph (5).

11.7. The warranty period is 1 year from the transfer of risk. This does not apply in the case of a delivery that was used as intended for installation in a building and caused its defectiveness.

12. Engagement of third parties

We are entitled to engage subcontractors for the partial or full provision of services that are required in connection with the production of the subject matter of the contract.

(Datenschutzerklärung / Datenschutz-Grundverordnung (DS-GVO))

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 “Ludolph Bremerhaven GmbH”. The use of the Internet pages of the “Ludolph Bremerhaven 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 “Ludolph Bremerhaven 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 “Ludolph Bremerhaven 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 “Ludolph Bremerhaven 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:

1.1. Personal data - 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.

1.2. Data subject - Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.

1.3. 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.

1.4. Restriction of processing - Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.

1.5. Profiling - 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.

1.6. Pseudonymisation - 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.

1.7. Controller or controller responsible for the processing - 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.

1.8. Processor - Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

1.9. Recipient - 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.

1.10. Third party - 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.

1.11. Consent - 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:

Ludolph Bremerhaven GmbH
Seeborg 5
27572 Bremerhaven, Germany
info@ludolph.de
+49 (0)471 94408-0
ludolph.de

3. Cookies

The Internet pages of the “Ludolph Bremerhaven GmbH” use cookies. Cookies are text files that are stored in a computer system via an Internet browser.

Many Internet sites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a character string through which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This allows visited Internet sites and servers to differentiate the individual browser of the dats subject from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified using the unique cookie ID.

Through the use of cookies, the “Ludolph Bremerhaven GmbH” can provide the users of this website with more user-friendly services that would not be possible without the cookie setting.

By means of a cookie, the information and offers on our website can be optimized with the user in mind. Cookies allow us, as previously mentioned, to recognize our website users. The purpose of this recognition is to make it easier for users to utilize our website. The website user that uses cookies, e.g. does not have to enter access data each time the website is accessed, because this is taken over by the website, and the cookie is thus stored on the user’s computer system. Another example is the cookie of a shopping cart in an online shop. The online store remembers the articles that a customer has placed in the virtual shopping cart via a cookie.

The data subject may, at any time, prevent the setting of cookies through our website by means of a corresponding setting of the Internet browser used, and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be entirely usable.

4. Collection of general data and information

The website of the “Ludolph Bremerhaven 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 “Ludolph Bremerhaven 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 “Ludolph Bremerhaven 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.

5. Contact possibility via the website

The website of the “Ludolph Bremerhaven GmbH” contains information that enables a quick electronic contact to our enterprise, as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the controller by e-mail or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the data controller are stored for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third parties.

6. 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.

7. Rights of the data subject

7.1. Right of confirmation - 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.

7.2. Right of access - 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:

a) the purposes of the processing;

b) the categories of personal data concerned;

c) the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;

d) where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;

e) the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing;

f) the existence of the right to lodge a complaint with a supervisory authority;

g) where the personal data are not collected from the data subject, any available information as to their source;

h) the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.

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.

7.3. Right to rectification - 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.

7.4. Right to erasure (Right to be forgotten) - 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:

The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.

The data subject withdraws consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.

The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.

The personal data have been unlawfully processed.

The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.

The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.

If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by the “Ludolph Bremerhaven GmbH”, he or she may, at any time, contact any employee of the controller. An employee of “Ludolph Bremerhaven 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 “Ludolph Bremerhaven GmbH” will arrange the necessary measures in individual cases.

7.5. Right of restriction of processing - 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:

The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.

The processing is unlawful and the data subject opposes the erasure of the personal data and requests instead the restriction of their use instead.

The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.

The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.

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 “Ludolph Bremerhaven GmbH”, he or she may at any time contact any employee of the controller. The employee of the “Ludolph Bremerhaven GmbH” will arrange the restriction of the processing.

7.6. Right to data portability - 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 “Ludolph Bremerhaven GmbH”.

7.7. Right to object - 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 “Ludolph Bremerhaven 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 “Ludolph Bremerhaven 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 “Ludolph Bremerhaven GmbH” to the processing for direct marketing purposes, the “Ludolph Bremerhaven 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 “Ludolph Bremerhaven 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 “Ludolph Bremerhaven 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.

7.8. Automated individual decision-making, including profiling

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 “Ludolph Bremerhaven 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 “Ludolph Bremerhaven GmbH”.

i) Right to withdraw data protection consent

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 “Ludolph Bremerhaven GmbH”.

8. Data protection for applications and the application procedures

The data controller shall collect and process the personal data of applicants for the purpose of the processing of the application procedure. The processing may also be carried out electronically. This is the case, in particular, if an applicant submits corresponding application documents by e-mail or by means of a web form on the website to the controller. If the data controller concludes an employment contract with an applicant, the submitted data will be stored for the purpose of processing the employment relationship in compliance with legal requirements. If no employment contract is concluded with the applicant by the controller, the application documents shall be automatically erased two months after notification of the refusal decision, provided that no other legitimate interests of the controller are opposed to the erasure. Other legitimate interest in this relation is, e.g. a burden of proof in a procedure under the General Equal Treatment Act (AGG).

9. Data protection provisions about the application and use of Affilinet

On this website, the controller has integrated components of the enterprise Affilinet. Affilinet is a German affiliate network, which offers affiliate marketing.

Affiliate marketing is a web-based form of distribution, which allows commercial operators of Internet sites, the so-called merchants or advertisers, to show advertising, which will be paid mostly through click or sale commissions, on third-party Internet sites that are also called affiliates or publishers. The Merchant provides through the affiliate network an advertising medium, such as an advertising banner or other suitable means of Internet advertising, which is subsequently integrated by an affiliate on its own Internet pages or via other channels such as keyword advertising or e-mail marketing.

The operating company of Affilinet is the affilinet GmbH, Sapporobogen 6-8, 80637 München, Germany.

Affilinet sets a cookie on the information technology system of the data subject. The definition of cookies is explained above. The tracking cookie by Affilinet stores no personal data. Only the identification number of the affiliate, that is, the partner mediating the potential customer, as well as the ordinal number of the visitor of a website and the clicked advertising medium are stored. The purpose of this data storage is the processing of commission payments between a merchant and affiliate, which are processed through the affiliate network, that is Affilinet.

The data subject may, as stated above, prevent the setting of cookies through our website at any time by means of a corresponding adjustment of the Internet browser used and, thus, permanently deny the setting of cookies. Such an adjustment to the Internet browser used would also prevent Affilinet from setting a cookie on the information technology system of the data subject. In addition, cookies already in use by Affilinet may be deleted at any time via a web browser or other software programs.

The applicable data protection provisions of Affilinet may be accessed under https://www.affili.net/uk/footeritem/privacy-policy.

10. Data protection provisions about the application and use of Facebook

On this website, the controller has integrated components of the enterprise Facebook. Facebook is a social network.

A social network is a place for social meetings on the Internet, an online community, which usually allows users to communicate with each other and interact in a virtual space. A social network may serve as a platform for the exchange of opinions and experiences, or enable the Internet community to provide personal or business-related information. Facebook allows social network users to include the creation of private profiles, upload photos, and network through friend requests.

The operating company of Facebook is Facebook, Inc., 1 Hacker Way, Menlo Park, CA 94025, United States. If a person lives outside of the United States or Canada, the controller is the Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.

With each call-up to one of the individual pages of this Internet website, which is operated by the controller and into which a Facebook component (Facebook plug-ins) was integrated, the web browser on the information technology system of the data subject is automatically prompted to download display of the corresponding Facebook component from Facebook through the Facebook component. An overview of all the Facebook Plug-ins may be accessed under https://developers.facebook.com/docs/plugins/. During the course of this technical procedure, Facebook is made aware of what specific sub-site of our website was visited by the data subject.

If the data subject is logged in at the same time on Facebook, Facebook detects with every call-up to our website by the data subject—and for the entire duration of their stay on our Internet site—which specific sub-site of our Internet page was visited by the data subject. This information is collected through the Facebook component and associated with the respective Facebook account of the data subject. If the data subject clicks on one of the Facebook buttons integrated into our website, e.g. the “Like” button, or if the data subject submits a comment, then Facebook matches this information with the personal Facebook user account of the data subject and stores the personal data.

Facebook always receives, through the Facebook component, information about a visit to our website by the data subject, whenever the data subject is logged in at the same time on Facebook during the time of the call-up to our website. This occurs regardless of whether the data subject clicks on the Facebook component or not. If such a transmission of information to Facebook is not desirable for the data subject, then he or she may prevent this by logging off from their Facebook account before a call-up to our website is made.

The data protection guideline published by Facebook, which is available at https://facebook.com/about/privacy/, provides information about the collection, processing and use of personal data by Facebook. In addition, it is explained there what setting options Facebook offers to protect the privacy of the data subject. In addition, different configuration options are made available to allow the elimination of data transmission to Facebook. These applications may be used by the data subject to eliminate a data transmission to Facebook.

11. Data protection provisions about the application and use of Google AdSense

On this website, the controller has integrated Google AdSense. Google AdSense is an online service which allows the placement of advertising on third-party sites. Google AdSense is based on an algorithm that selects advertisements displayed on third-party sites to match with the content of the respective third-party site. Google AdSense allows an interest-based targeting of the Internet user, which is implemented by means of generating individual user profiles.

The operating company of Google’s AdSense component is Google Ireland Limited, Gordon House, Barrow Street, Dublin, D04 E5W5, Ireland.

The purpose of Google’s AdSense component is the integration of advertisements on our website. Google AdSense places a cookie on the information technology system of the data subject. The definition of cookies is explained above. With the setting of the cookie, Alphabet Inc. is enabled to analyze the use of our website. With each call-up to one of the individual pages of this Internet site, which is operated by the controller and into which a Google AdSense component is integrated, the Internet browser on the information technology system of the data subject will automatically submit data through the Google AdSense component for the purpose of online advertising and the settlement of commissions to Alphabet Inc. During the course of this technical procedure, the enterprise Alphabet Inc. gains knowledge of personal data, such as the IP address of the data subject, which serves Alphabet Inc., inter alia, to understand the origin of visitors and clicks and subsequently create commission settlements.

The data subject may, as stated above, prevent the setting of cookies through our website at any time by means of a corresponding adjustment of the web browser used and thus permanently deny the setting of cookies. Such an adjustment to the Internet browser used would also prevent Alphabet Inc. from setting a cookie on the information technology system of the data subject. Additionally, cookies already in use by Alphabet Inc. may be deleted at any time via a web browser or other software programs.

Furthermore, Google AdSense also uses so-called tracking pixels. A tracking pixel is a miniature graphic that is embedded in web pages to enable a log file recording and a log file analysis through which a statistical analysis may be performed. Based on the embedded tracking pixels, Alphabet Inc. is able to determine if and when a website was opened by a data subject, and which links were clicked on by the data subject. Tracking pixels serve, inter alia, to analyze the flow of visitors on a website.

Through Google AdSense, personal data and information—which also includes the IP address, and is necessary for the collection and accounting of the displayed advertisements—is transmitted to Alphabet Inc. in the United States of America. These personal data will be stored and processed in the United States of America. The Alphabet Inc. may disclose the collected personal data through this technical procedure to third parties.

Google AdSense is further explained under the following link https://www.google.com/intl/en/adsense/start/.

12. Data protection provisions about the application and use of Google-AdWords

On this website, the controller has integrated Google AdWords. Google AdWords is a service for Internet advertising that allows the advertiser to place ads in Google search engine results and the Google advertising network. Google AdWords allows an advertiser to pre-define specific keywords with the help of which an ad on Google’s search results only then displayed, when the user utilizes the search engine to retrieve a keyword-relevant search result. In the Google Advertising Network, the ads are distributed on relevant web pages using an automatic algorithm, taking into account the previously defined keywords.

The operating company of Google AdWords is Google Ireland Limited, Gordon House, Barrow Street, Dublin, D04 E5W5, Ireland.

The purpose of Google AdWords is the promotion of our website by the inclusion of relevant advertising on the websites of third parties and in the search engine results of the search engine Google and an insertion of third-party advertising on our website.

If a data subject reaches our website via a Google ad, a conversion cookie is filed on the information technology system of the data subject through Google. The definition of cookies is explained above. A conversion cookie loses its validity after 30 days and is not used to identify the data subject. If the cookie has not expired, the conversion cookie is used to check whether certain sub-pages, e.g, the shopping cart from an online shop system, were called up on our website. Through the conversion cookie, both Google and the controller can understand whether a person who reached an AdWords ad on our website generated sales, that is, executed or canceled a sale of goods.

The data and information collected through the use of the conversion cookie is used by Google to create visit statistics for our website. These visit statistics are used in order to determine the total number of users who have been served through AdWords ads to ascertain the success or failure of each AdWords ad and to optimize our AdWords ads in the future. Neither our company nor other Google AdWords advertisers receive information from Google that could identify the data subject.

The conversion cookie stores personal information, e.g. the Internet pages visited by the data subject. Each time we visit our Internet pages, personal data, including the IP address of the Internet access used by the data subject, is transmitted to Google in the United States of America. These personal data are stored by Google in the United States of America. Google may pass these personal data collected through the technical procedure to third parties.

The data subject may, at any time, prevent the setting of cookies by our website, as stated above, by means of a corresponding setting of the Internet browser used and thus permanently deny the setting of cookies. Such a setting of the Internet browser used would also prevent Google from placing a conversion cookie on the information technology system of the data subject. In addition, a cookie set by Google AdWords may be deleted at any time via the Internet browser or other software programs.

The data subject has a possibility of objecting to the interest based advertisement of Google. Therefore, the data subject must access from each of the browsers in use the link www.google.de/settings/ads and set the desired settings.

Further information and the applicable data protection provisions of Google may be retrieved under https://www.google.com/intl/en/policies/privacy/.

13. Data protection provisions about the application and use of Instagram

On this website, the controller has integrated components of the service Instagram. Instagram is a service that may be qualified as an audiovisual platform, which allows users to share photos and videos, as well as disseminate such data in other social networks.

The operating company of the services offered by Instagram is Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2 Ireland.

With each call-up to one of the individual pages of this Internet site, which is operated by the controller and on which an Instagram component (Insta button) was integrated, the Internet browser on the information technology system of the data subject is automatically prompted to the download of a display of the corresponding Instagram component of Instagram. During the course of this technical procedure, Instagram becomes aware of what specific sub-page of our website was visited by the data subject.

If the data subject is logged in at the same time on Instagram, Instagram detects with every call-up to our website by the data subject—and for the entire duration of their stay on our Internet site—which specific sub-page of our Internet page was visited by the data subject. This information is collected through the Instagram component and is associated with the respective Instagram account of the data subject. If the data subject clicks on one of the Instagram buttons integrated on our website, then Instagram matches this information with the personal Instagram user account of the data subject and stores the personal data.

Instagram receives information via the Instagram component that the data subject has visited our website provided that the data subject is logged in at Instagram at the time of the call to our website. This occurs regardless of whether the person clicks on the Instagram button or not. If such a transmission of information to Instagram is not desirable for the data subject, then he or she can prevent this by logging off from their Instagram account before a call-up to our website is made.

Further information and the applicable data protection provisions of Instagram may be retrieved under https://help.instagram.com/155833707900388 and https://www.instagram.com/about/legal/privacy/.

14. Data protection provisions about the application and use of Twitter

On this website, the controller has integrated components of Twitter. Twitter is a multilingual, publicly-accessible microblogging service on which users may publish and spread so-called ‘tweets,’ e.g. short messages, which are limited to 280 characters. These short messages are available for everyone, including those who are not logged on to Twitter. The tweets are also displayed to so-called followers of the respective user. Followers are other Twitter users who follow a user’s tweets. Furthermore, Twitter allows you to address a wide audience via hashtags, links or retweets.

The operating company of Twitter is Twitter International Company, One Cumberland Place, Fenian Street Dublin 2, D02 AX07, Ireland.

With each call-up to one of the individual pages of this Internet site, which is operated by the controller and on which a Twitter component (Twitter button) was integrated, the Internet browser on the information technology system of the data subject is automatically prompted to download a display of the corresponding Twitter component of Twitter. Further information about the Twitter buttons is available under https://about.twitter.com/de/resources/buttons. During the course of this technical procedure, Twitter gains knowledge of what specific sub-page of our website was visited by the data subject. The purpose of the integration of the Twitter component is a retransmission of the contents of this website to allow our users to introduce this web page to the digital world and increase our visitor numbers.

If the data subject is logged in at the same time on Twitter, Twitter detects with every call-up to our website by the data subject and for the entire duration of their stay on our Internet site which specific sub-page of our Internet page was visited by the data subject. This information is collected through the Twitter component and associated with the respective Twitter account of the data subject. If the data subject clicks on one of the Twitter buttons integrated on our website, then Twitter assigns this information to the personal Twitter user account of the data subject and stores the personal data.

Twitter receives information via the Twitter component that the data subject has visited our website, provided that the data subject is logged in on Twitter at the time of the call-up to our website. This occurs regardless of whether the person clicks on the Twitter component or not. If such a transmission of information to Twitter is not desirable for the data subject, then he or she may prevent this by logging off from their Twitter account before a call-up to our website is made.

The applicable data protection provisions of Twitter may be accessed under https://twitter.com/privacy?lang=en.

15. Data protection provisions about the application and use of YouTube

On this website, the controller has integrated components of YouTube. YouTube is an Internet video portal that enables video publishers to set video clips and other users free of charge, which also provides free viewing, review and commenting on them. YouTube allows you to publish all kinds of videos, so you can access both full movies and TV broadcasts, as well as music videos, trailers, and videos made by users via the Internet portal.

The operating company of YouTube is Google Ireland Limited, Gordon House, Barrow Street, Dublin, D04 E5W5, Ireland.

With each call-up to one of the individual pages of this Internet site, which is operated by the controller and on which a YouTube component (YouTube video) was integrated, the Internet browser on the information technology system of the data subject is automatically prompted to download a display of the corresponding YouTube component. Further information about YouTube may be obtained under https://www.youtube.com/yt/about/en/. During the course of this technical procedure, YouTube and Google gain knowledge of what specific sub-page of our website was visited by the data subject.

If the data subject is logged in on YouTube, YouTube recognizes with each call-up to a sub-page that contains a YouTube video, which specific sub-page of our Internet site was visited by the data subject. This information is collected by YouTube and Google and assigned to the respective YouTube account of the data subject.

YouTube and Google will receive information through the YouTube component that the data subject has visited our website, if the data subject at the time of the call to our website is logged in on YouTube; this occurs regardless of whether the person clicks on a YouTube video or not. If such a transmission of this information to YouTube and Google is not desirable for the data subject, the delivery may be prevented if the data subject logs off from their own YouTube account before a call-up to our website is made.

YouTube’s data protection provisions, available at https://www.google.com/intl/en/policies/privacy/, provide information about the collection, processing and use of personal data by YouTube and Google.

16. Data protection provisions about the application and use of DoubleClick

On this website, the controller has integrated components of DoubleClick by Google. DoubleClick is a trademark of Google, under which predominantly special online marketing solutions are marketed to advertising agencies and publishers.

The operating company of DoubleClick by Google is Google Ireland Limited, Gordon House, Barrow Street, Dublin, D04 E5W5, Ireland.

DoubleClick by Google transmits data to the DoubleClick server with each impression, clicks, or other activity. Each of these data transfers triggers a cookie request to the data subject’s browser. If the browser accepts this request, DoubleClick uses a cookie on the information technology system of the data subject. The definition of cookies is explained above. The purpose of the cookie is the optimization and display of advertising. The cookie is used, inter alia, to display and place user-relevant advertising as well as to create or improve reports on advertising campaigns. Furthermore, the cookie serves to avoid multiple display of the same advertisement.

DoubleClick uses a cookie ID that is required to execute the technical process. For example, the cookie ID is required to display an advertisement in a browser. DoubleClick may also use the Cookie ID to record which advertisements have already been displayed in a browser in order to avoid duplications. It is also possible for DoubleClick to track conversions through the cookie ID. For instance, conversions are captured, when a user has previously been shown a DoubleClick advertising ad, and he or she subsequently makes a purchase on the advertiser’s website using the same Internet browser.

A cookie from DoubleClick does not contain any personal data. However, a DoubleClick cookie may contain additional campaign IDs. A campaign ID is used to identify campaigns that the user has already been in contact with.

With each call-up to one of the individual pages of this website, which is operated by the controller and on which a DoubleClick component was integrated, the Internet browser on the information technology system of the data subject is automatically prompted by the respective DoubleClick component to send data for the purpose of online advertising and billing of commissions to Google. During the course of this technical procedure, Google gains knowledge of any data that Google may use to create commission calculations. Google may, inter alia, understand that the data subject has clicked on certain links on our website.

The data subject may, as stated above, prevent the setting of cookies through our website at any time by means of a corresponding adjustment of the web browser used and thus permanently deny the setting of cookies. Such an adjustment to the Internet browser used would also prevent Google from setting a cookie on the information technology system of the data subject. In addition, cookies already in use by Google may be deleted at any time via a web browser or other software programs.

Further information and the applicable data protection provisions of DoubleClick may be retrieved under DoubleClick by Google https://www.google.com/intl/en/policies/.

17. 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).

18. 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.

19. 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.

20. 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.

21. Existence of automated decision-making

As a responsible company, we do not use automatic decision-making or profiling.

Developed by the specialists for LegalTech at Willing & Able that also developed the system for Records of Processing Activities. The legal texts contained in our privacy policy generator have been provided and published by Prof. Dr. h.c. Heiko Jonny Manieroor have been provided and published by Prof. Dr. h.c. Heiko Jonny Maniero from the German Association for Data Protection and Christian Solmecke from WBS law.