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DATA PRIVACY STATEMENT

PREAMBLE

We take the protection of personal data and, therefore, your privacy very seriously. We would like to take this opportunity to explain how we protect your data and what it means for you when you use our services. To guarantee maximum protection of your privacy, it is a matter of course for us to comply with all legal provisions on data protection. We comply with the provisions of the General Data Protection Regulation (GDPR), the Federal Data Protection Act (BDSG) and other data protection regulations.

Given that legislative amendments or changes to our internal company processes may make it necessary for us to amend our Data Privacy Statement, we kindly ask you to read this Data Privacy Statement regularly. The Data Privacy Statement can be accessed, saved and printed out at any time under Data Privacy Statement.

 

1. SCOPE

This privacy policy applies to the Internet offering of TRACTO-TECHNIK GmbH & Co.KG, Paul-Schmidt-Str. 2, 57368 Lennestadt (hereinafter referred to as "TRACTO"), which can be called up under the domain www.tracto.com as well as the various subdomains (hereinafter referred to as "our website").

 

2. NAME AND ADDRESS OF DATA CONTROLLER

The responsible body and service provider is TRACTO-TECHNIK GmbH & Co.KG, Paul-Schmidt-Strasse 2, 57368 Lennestadt, Germany (hereinafter referred to as "TRACTO").

 

3. NAME AND ADDRESS OF DATA PROTECTION OFFICER

Lawyer Dr. Kasten Kinast, LL.M.
KINAST Rechtsanwaltsgesellschaft mbH
Hohenzollernring 54
50672 Cologne
mail@kinast.eu
www.kinast.eu

 

4. GENERAL INFORMATION ABOUT DATA PROCESSING

In principle, we collect and use our users' personal data only to the extent required to provide a functional website along with our content and services.

 

4.1. PERSONAL DATA

Personal data is information which is associated with you as an individual. This includes your name, e-mail address, residential address, gender, date of birth, telephone number and age. Non-personal data is information such as the number of users of a website.

 

4.2. PROCESSING OF PERSONAL DATA

Processing refers to any process – with or without the assistance of an automated procedure – or any such series of processes executed in relation to personal data, such as the collection, recording, organisation, arrangement, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or making available in some other way, alignment or combination, limitation, deletion or destruction.

We collect personal data via this website if you provide us with it voluntarily, for example, in the context of communication with us by filling out a form or sending us e-mails. We use this data for the specified purposes or those which arise from the enquiry, such as use of your e-mail address to contact you. Transfer to third parties takes place only if it is expressly permitted by law or you have consented to the transfer as part of your application or over the course of an active business relationship. Otherwise, you can use the general information on www.tracto.com without disclosing your personal data.

 

4.3. LEGAL BASIS FOR THE PROCESSING OF PERSONAL DATA

The collection and use of our users' personal data takes place on a regular basis only with the users' consent. Provided that we obtain consent from the data subjects for the processing of personal data, Art. 6 (1) lit. a GDPR serves as a legal basis for the processing of personal data.

An exception is made in such cases where prior consent cannot be obtained for factual reasons and statutory provisions permit the processing of the data. For the processing of personal data which is required for the performance of a contract whose contracting party is the data subject, Art. 6 (1) lit. b GDPR serves as a legal basis. This also applies to processing operations required to take steps prior to entering into a contract.

Insofar as processing of personal data is required for the fulfilment of a legal obligation to which we are subject, Art. 6 (1) lit. c GDPR serves as a legal basis. If the processing is required to protect a legitimate interest of our company or a third party and the interests, fundamental rights and basic freedoms of the data subject outweigh the first-mentioned interest, Art. 6 (1) lit. f GDPR serves as a legal basis for the processing.

 

5. INDIVIDUAL PROCESSING OPERATIONS

5.1. CONTACT FORM

If you use the option of sending us enquiries via our contact form, we ask for the name of your company, your title, first name, surname, street address, telephone number and e-mail address. You can also enter your personal message to us in the message field. It is entirely your decision whether you share the data with us. Without these details, however, we will not be able to respond to your request for contact. So we can make sure that no robots fill out the form automatically, you will be prompted to enter the verification code correctly.

Provision of your personal data enables us to forward your enquiry directly to the right distributor for the best possible processing of your enquiry. Your personal data is not passed on to third parties when you use the contact form.

The data processing described above for the purpose of making contact takes place in accordance with Art. 6 (1) lit. b, Art. 6 (1) lit. f GDPR.

 

5.2. NEWSLETTER

In order to subscribe to our e-mail newsletter, we need your e-mail address in addition to your consent. Without this information we may not be able to send you our newsletter.

When you sign up to the newsletter, your e-mail address is used for our own promotional purposes until you unsubscribe from the newsletter. To unsubscribe, you can either send us an informal e-mail to:  info@TRACTO.com or use the link at the end of the newsletter to cancel your subscription.

We use the so-called double opt-in method for sending the newsletter, i.e. we will only send you the newsletter if you confirm your subscription via a link in the confirmation e-mail sent to you for this purpose. In doing so, we want to ensure that only you, as owner of the specified e-mail address, can subscribe to the newsletter. Your confirmation must be submitted soon after receipt of the confirmation e-mail as otherwise your newsletter subscription is automatically deleted from our database.

The legal basis for data processing after the user has subscribed to the newsletter is consent from the user, Art. 6 (1) lit. a GDPR.

 

5.3. INSIDER

If you are interested in our INSIDER, you can send an informal e-mail to info@TRACTO.com. We assure you that we will only process the personal data you provide for the purpose of sending INSIDER. Your data is stored for as long as you are subscribed to INSIDER. On unsubscribing, your data is erased. To unsubscribe, you can send an informal e-mail to info@TRACTO.com. Continued storage may take place on a case-by-case basis if this is prescribed by law.

The data processing described above takes place in accordance with Art. 6 (1) lit. b, Art. 6 (1) lit. f GDPR.

 

5.4. ONLINE PRODUCT REQUEST

If you would like to submit an online product enquiry on our website (e.g. about a pipe bending machine), you will need to specify, in addition to technical data, the name of your company, the telephone number, an e-mail address and a contact person. It is entirely your decision whether you share the data with us. Without these details, however, we will not be able to respond to your product enquiry. The details enable us to answer your enquiry as best we can, in particular to establish contact with a contact person. Your personal data is not forwarded to third parties when you submit a product enquiry.

This data processing for the purpose of answering your online product enquiry takes place in accordance with Art. 6 (1) lit. b, Art. 6 (1) lit. f GDPR.

 

5.5. E-LEARNING PLATFORM

We provide an e-learning platform on our website. Within the framework of this platform we offer seminars, webinars and training on different topics. We process the following personal data: surname, first name, address (street, postcode, town/city, country) (business), telephone / mobile number (business) / e-mail address (business), system user name (incl. staff number), registration data, education and training details (courses attended, test results, development planning), interests (e.g. preferred topics), forum details (e.g. course assessment, forum discussion), specific usage data (e.g. status of registration/initial login, logging of entries and changes, services used, downloads, reports), general usage data (e.g. data on ensuring functionality, security and control against misuse, access authorisation concept), statistics (e.g. aggregated information without individual user reference) and your IP address. Your personal data is generally collected directly from you when you use the e-learning platform.

The processing of employee data within the framework of the e-learning platform serves for justifying, conducting and terminating the employment relationship. The legal basis for this is Art. 88 (1) GDPR, § 26 (1) Clause 1 BDSG.

Insofar as our e-learning platform is offered within the framework of providing our contractual services to you (e.g. within the framework of our consulting service or customer relationship), Art. 6 (1) lit. b GDPR is the legal basis.

 

For the technical provision of the e-learning platform we use the service of imc information multimedia communication AG, Scheer Tower, Uni-Campus Nord, 66123 Saarbrücken, Germany. We concluded a contract on order processing with imc information multimedia communication AG in accordance with Art. 28 GDPR.

 

6. PROCESSING OF PERSONAL DATA IN THE TRACTO GROUP

Where necessary we share your data within the TRACTO Group for the purpose of corporate management, or similar. The legal basis for this is Art. 6 (1) lit. f GDPR. Our legitimate interest lies in ensuring smooth operation.

If we want to process your personal data for a purpose not mentioned above, we will inform you in advance about the manner and the underlying legal basis.

Provided you are in an employment relationship with us, we shall delete your personal data as soon as it is no longer required for the above purposes. Your personal data in relation to evidence of your participation is stored until the termination of the employment relationship. Continued storage may take place on a case-by-case basis if this is prescribed by law, e.g., statutory limitation periods of three years.

If you are in a customer relationship with us, the data required for the performance of the contract is stored until the full execution of the contract and settlement of all mutual claims. Continued storage may take place on a case-by-case basis if this is prescribed by law, e.g., statutory limitation periods from commercial and tax law of 6 or 10 years.

 

7. COOKIES

The following describes in detail data processing operations within the framework of cookies, sessions and logfiles.

A cookie is a small text file that is stored in the cache of your browser. Some of the features of our website cannot be provided without the use of cookies necessary from a technical standpoint. Whereas other cookies enable us to perform various analyses of your use of our website. This allows us to welcome you personally when you visit our website the next time or display information tailored to your interests. Cookies are also placed by our contract partners for the purpose of evaluating the usage pattern for advertising optimisation (so-called Social Targeting). A session is an individual session which is stored on our server for a short period of time. Log files are created by the server and stored by us. They contain automatically generated logs of all or certain actions of processes on a computer system.

Different types of cookies are used on our website, whose type and function are explained in more detail below.

 

FUNCTION 1: NECESSARY COOKIES

These cookies are required for technical reasons so that you can visit our website and use the features offered by us. This refers to the following applications, for example: CookieConsent of the provider, which stores the user's consent status. In addition, these cookies contribute to the safe and compliant use of the website. This category does not require consent under applicable law. The legal basis for the use of technically necessary cookies for the linked storage of information on your end device and their subsequent reading is § 25 (2) No. 2 TTDSG. The following processing of your personal data is based on our legitimate interest according to Art. 6 (1) lit. f GDPR. If you block cookies that are strictly necessary, we may not be able to display our website in full.

 

FUNCTION 2: STATISTICS COOKIES

Statistics cookies help website owners to understand how visitors interact with websites by collecting and reporting information anonymously.

 

FUNCTION 3: MARKETING COOKIES

Advertising cookies (third-party provider) allow us to show you different offers that match your interests. Via these cookies the web activities of the users can be recorded for a longer period. You recognise the cookies on different end devices used by you.

With the exception of your IP address, no personal data relevant to security is stored in the cookies, sessions and log files. In addition, these files cannot transmit any viruses, spy on data on your computer or send e-mails invisibly. Every web server can also only read the cookies which it placed itself.

The following data is automatically recorded by our computer system when you call up our website and is required for technical reasons:

  • Your Interest address (IP address)/hostname,
  • Agent/browser type and version,
  • Website from where you visited us (referrer URL),
  • Operating system used,
  • Website from where you are forwarded to other websites,
  • Page visits on our website,
  • Date and time of access,
  • Session and session ID.


There is no linking of this data with other data of yours that we hold.

The legal basis for the processing of so-called technically necessary cookies is our legitimate interest in processing personal data according to Art. 6 (1) lit. f GDPR.

For cookies that are not technically necessary or so-called third-party cookies (more on this below), we require your consent. If you have granted us your consent to the use of cookies based on the information provided on the website ("cookie banner"), the legitimacy of use is also based on Art. 6 (1) lit. a GDPR. You may revoke this consent at any time by deactivating the cookies in your browser settings for future effect.

When the browser is closed session cookies are deleted again with immediate effect, all other cookies about your person are automatically deleted after four weeks. Cookies from partners, e.g. Google, have a maximum duration of 18 months.

 

7.1. PREVENTING THE STORAGE OF COOKIES

The management of the cookie settings is possible for you through the configuration of your browser settings.

Most browsers are preset in such a way that they accept cookies as standard. However, you can configure your respective browser in such a way that it only accepts certain cookies or no longer accepts cookies at all. However, you must bear in mind that you may no longer be able to make full use of all of the features of our website if you deactivate cookies via your browser settings on our website. You can also use your browser settings to delete cookies that have already been stored on your browser or display the storage period. Furthermore, it is possible to set your browser in such a way that you are notified before cookies are stored. Since the various browsers may differ in their respective modes of operation, we ask you to use the respective help menu of your browser for the configuration options.

Further information on the cookies used in detail can be found in our cookie banner. You can also manage your consent there.  

 

7.2. TRACKING AND ANALYSIS TOOLS (PERFORMANCE COOKIES)

We use tracking and analysis tools to ensure continuous optimisation and needs-based design of our website. Using tracking measures, we are able to record statistics about the use of our website by visitors and further develop our online services with the help of the knowledge gained as a result. If you have granted us your consent to the use of performance cookies based on the information provided on the website ("cookie banner"), the legitimacy of use is also based on Art. 6 (1) lit. a GDPR. As soon as the data that is transmitted to us via the cookies is no longer required in order to achieve the above-mentioned purposes, this information is erased. Continued storage may take place on a case-by-case basis if this is prescribed by law.

 

7.3. GOOGLE ANALYTICS

This website uses Google Analytics, a web analysis service provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (hereinafter referred to as "Google"). Google Analytics uses so-called cookies, which are text files that are stored on your computer and make it possible to analyse how you use the website.

The data generated by these cookies, for example, about the time, location and frequency of your use of this website, is normally sent to a Google server in the USA, where it is stored. When using Google Analytics, the possibility cannot be excluded that the cookies set by Google Analytics will collect other personal data besides the IP address. Please note that Google may transfer this information to third parties where required by law or insofar as third parties process this data on behalf of Google.

Google will use the information generated by cookies on our behalf to analyse your use of the website, to compile reports on website activities, and to provide other services related to the use of the website and the Internet. Google states that it does not link the IP address relayed by your browser within the scope of Google Analytics to other Google data.

The possibility cannot be excluded that the cookies set by Google Analytics will collect other personal data besides the IP address. To prevent information about your use of the website from being collected by Google Analytics and transmitted to Google Analytics, you can download and install a plug-in for your browser at the following link: http://tools.google.com/dlpage/gaoptout?hl=de.

This plug-in prevents information about your visit to the website being transmitted to Google Analytics. This plug-in does not prevent any other analyses. Clicking on this link will set an opt-out cookie in your browser. This opt-out cookie prevents information about your visit to the website being transmitted to Google Analytics. Please note that the opt-out cookie is only valid for this browser and only for this domain. If you erase the cookies in this browser, the opt-out cookie will also be erased. To continue to prevent Google Analytics from recording data, you must click the link again. Use of the opt-out cookie is also possible as an alternative to the above plug-in when using the browser on your computer.

Please note that you cannot use the above-mentioned browser plug-in when visiting our website via the browser on a mobile device (smartphone or tablet). If you are using a mobile device, you can prevent the collection of your usage data by Google Analytics by clicking on the following link: Deactivate Google Analytics.

To guarantee the best possible protection of your personal data, Google Analytics has been expanded on this website to include the code "anonymizeIp". This code causes the last eight bits of the IP addresses to be erased so that your IP address is recorded anonymously (IP masking). In principle, Google will shorten and thereby anonymise your IP address before transferring it within the member states of the European Union or to other contracting states to the Agreement on the European Economic Area. Only in exceptional cases is the full IP address sent to a Google server in the USA and abbreviated there.

When using Google Analytics personal data may be transferred to countries outside the EU/EEA, particularly to the USA. The European Court of Justice considers the USA a country with an inadequate data protection level according to EU standards. Due to the lack of a decision on appropriateness and no suitable guarantees, there is the risk that your data may be processed by US authorities for control and monitoring processes, possibly also without legal remedies. In order to be able to guarantee an appropriate level of protection for the transfer of personal data to a so-called third-party country, we concluded EU-US standard contractual clauses. Furthermore, we are constantly exchanging information with Google in order to ensure the protection of your personal data with additional measures required if necessary.

The legal basis for the use is express consent issued in accordance with Art. 6 (1) lit. a GDPR. You may revoke this consent at any time by deactivating the cookies in your browser settings or within the framework of the cookie banner for future effect. However, please bear in mind that in this case you may not be able to make full use of all the features on this website if you do so. The storage period for information at Google Analytics is between 9 and 18 months. This is how long Google stores your data before it is deleted. 

For general information on Google Analytics and data protection, please visit: https://policies.google.com/

 

7.4. WIREDMINDS

Our website uses tracking pixel technology provided by wiredminds GmbH to analyse visitor behaviour. Where necessary, data is collected, processed, stored and then used to create usage profiles under a pseudonym. These usage profiles are completely anonymised where possible and appropriate. Cookies may be used for this purpose. Cookies are small text files which are stored on the visitor's Internet browser and used to recognise the Internet browser. The collected data, which may also include personal data, is transferred to wiredminds or collected directly by wiredminds. wiredminds may use information left behind by visits to the websites in order to create anonymised usage profiles. The data collected is not used to identify the visitor to this website personally without the specific consent of the individual concerned, and is not combined with personal data pertaining to the bearer of the pseudonym. If IP addresses are collected, they are immediately anonymised by way of deleting the last block of numbers.

 

8. SOCIAL MEDIA FAN PAGES

You can use our website to access our social media fan pages on Facebook, Twitter, Xing, LinkedIn and YouTube by clicking on the relevant social media button. When you click on one of these buttons, you will be immediately redirected to the website of the social media provider. No data is therefore processed on our website. However, as the operator of these fan pages, we are also responsible and must guarantee that your data is processed lawfully via these fan pages. Further information on data processing on these fan pages can be found on our fan page itself and in the data protection notices of the respective social media providers:

Facebook:
https://www.facebook.com/policy.php
https://www.facebook.com/help/186325668085084 

Twitter:
https://twitter.com/privacy?lang=de

XING:
https://www.xing.com/app/share?op=data_protection
http://www.xing.com/privac

LinkedIn:
http://www.linkedin.com/static?key=privacy_policy&trk=hb_ft_priv

YouTube:
https://policies.google.com/privacy

Instagram:
https://www.instagram.com/tracto.official/ 

 

9. SECURITY MEASURES FOR PROTECTING THE DATA HELD BY US

We have set up organisational and technical security precautions to protect your data, in particular against loss, manipulation or unauthorised access. We regularly adapt our security precautions to ongoing technical developments. Intensive information and training of our employees as well as their obligation to data secrecy ensure that your data is treated confidentially. Our security measures also include occasionally asking for proof of your identity, particularly when you contact our customer service by phone. The use of recognised encryption methods is described here. Please note that due to the structure of the Internet, it is possible that the data protection regulations and aforementioned security measures will not be observed by other individuals or organisations outside our sphere of responsibility.

 

10. USE OF SERVICE PROVIDERS FOR PROCESSING PERSONAL DATA/PROCESSING DATA IN COUNTRIES OUTSIDE THE EUROPEAN ECONOMIC AREA

If we use service providers to perform services and to process your data regarding our services and products, those service providers process the data exclusively in accordance with our instructions and have been obliged to comply with the applicable data protection regulations. All processors have been carefully selected and will only have access to your data required to provide the services to the extent and for the period required, or to the extent to which you have consented to the processing and use of the data.

Service providers in countries such as the USA or in countries outside the European Economic Area are subject to data protection which in general does not protect personal data to the same extent as that of the member states of the European Union. If your information is processed in a country which does not have a recognised high level of data protection similar to that of the European Union, we will use contractual regulations or other recognised means to ensure that your personal data is adequately protected.

 

11. STORAGE DURATION

We store your personal data only for as long as permitted by law. The stored personal data will be deleted if the user revokes their consent to its storage, if access to this data is no longer required to fulfil the purpose served by its storage, in particular if the user account is deleted, or if its storage is inadmissible for other legal reasons. Applicable statutory retention periods from the German Commercial Code or the German Fiscal Code remain unaffected by this. During the statutory retention period, your personal data will be blocked and not transferred for any other data processing. 

 

12. RIGHTS OF THE DATA SUBJECT 

12.1. RIGHT OF ACCESS BY THE DATA SUBJECT

You have the right to request information from us at any time about the data we store about you, as well as the origin, recipients or categories of recipients to whom this data is transferred and the purpose of the storage. 

 

12.2. RIGHT TO WITHDRAW CONSENT

If you have given consent to the use of data, you can withdraw it at any time without stating reasons with future effect. For this purpose, an e-mail to: datenschutz@tracto.com or a written notification to: TRACTO-TECHNIK GmbH & Co KG, Paul-Schmidt-Str. 2, 57368 Lennestadt suffices.

 

12.3. RIGHT TO RECTIFICATION

You may request the rectification of inaccurate data or the completion of data stored with us without undue delay

 

12.4. RIGHT TO ERASURE AND BLOCKING

You have the right to blocking and erasure of the data we store about you. The deletion of your personal data is carried out in accordance with the time period set in Art. 12 (3) GDPR after the assertion of this data subject right. If the deletion is contrary to statutory, contractual or fiscal and commercial retention obligations or other statutory grounds, your data may only be blocked rather than erased. After the deletion of your data, information can no longer be provided.

 

12.5. RIGHT TO DATA PORTABILITY

In the event that you request the personal data you have given us, we will provide you or another responsible person, if you wish, with the data in a structured, commonly used and machine-readable format. The latter, however, only if it is technically possible. 

 

12.6. RIGHT TO OBJECT

You have the right to object at any time to processing of data without giving reasons. It may be the case, however, that once the right to object is exercised, we can no longer provide our services in full, because the processing of specific personal data is essential for certain services. 

 

12.7. AUTOMATED DECISION-MAKING

Automated decision-making including profiling does not take place.

 

12.8. CONTACT FOR EXERCISING THE RIGHTS OF THE DATA SUBJECT

When you contact us by e-mail at datenschutz@tracto.com or by post at TRACTO-TECHNIK GmbH & Co. KG, Paul-Schmidt-Str. 2, 57368 Lennestadt, Germany, we store the data you share (your e-mail address, name and telephone number if applicable) so we can respond to your questions or request. We erase the data that arises in this context once storage is no longer required, or restrict the processing if there are statutory retention requirements

 

13. RIGHT OF APPEAL TO SUPERVISORY AUTHORITY

You have the option to file a complaint with the above data protection officer or data protection supervisory authorities. The data protection supervisory authority responsible for us is:

The State Commissioner for Data Protection and Freedom of Information of North Rhine-Westphalia
P.O. Box 20 04 44
40102 Düsseldorf
Germany
poststelle@ldi.nrw.de

As at: March 2023