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TRACTO-TECHNIK 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 OF APPLICATION

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

2. NAME AND ADDRESS OF THE RESPONSIBLE PARTY

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 THE DATA PROTECTION OFFICER

Lawyer Dr. Kasten Kinast, LL.M.
KINAST Rechtsanwaltsgesellschaft mbH
Hohenzollernring 54
50672 Cologne, Germany
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 on 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 activities

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

Before you can subscribe to our e-mail newsletter, we need, in addition to your consent, your e-mail address, first name, surname, postcode and country of residence. This personal data is processed to address you personally in e-mails and tailor the content of the newsletter to you individually. It is entirely your decision whether you share the data with us. Without this information, however, 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 send us an informal e-mail to: info@TRACTO.com or click on the unsubscribe link at the end of the newsletter.

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 enquiry

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. In doing so, we process the following personal data: surname, first name, address (street, postcode, town/city, country) (business), telephone / mobile phone number (business) / e-mail address (business), system user name (incl. staff number), registration data, educational details (courses attended, test results, development planning, fields of interest (e.g. preferred topics)), forum details (e.g. course assessment, forum discussion), specific usage data (e.g. login status/first login, logging of inputs and changes, services used, downloads, reports), general usage data (e.g. data for assuring functional capability, security and monitoring of misuse, access authorisation concept), statistical data (e.g. aggregate 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.

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.

Should we want to process your personal data for a purpose not mentioned above, we shall notify you thereof in advance.

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 privacy agreement with imc information multimedia communication AG in accordance with Art. 28 GDPR.

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.

6. COOKIES

In the following section, we describe in detail data processing operations in the context of using cookies, sessions and log files.

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: Essential cookies

These cookies are required for technical reasons so that you can visit our website and use the features offered by us. They relate to the following applications, for example: CookieConsent of provider, which stores the consent status of the user. These cookies also help ensure secure and proper usage of the website.

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.

This data is not linked to other personal data which we possess.

The legal basis for processing so-called strictly necessary cookies is our legitimate interest in processing personal data in accordance with Art. 6 (1) lit. f GDPR.

We require your consent for cookies that are not strictly necessary or so-called third-party cookies (more information about this type of cookie can be found below). 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 of partners, e.g., Google, have a maximum life of 18 months.

6.1. 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 different browsers may function differently, we ask you to make use of the relevant help menu in your browser for the configuration options.

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

6.2. TRACKING AND ANALYSIS TOOLS (PERFORMANCE COOKIES)

We use tracking and analysis tools to guarantee the ongoing 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.

6.3. 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. In order to prevent Google Analytics recording information about your usage and sending it to Google Analytics, you can download and install a plug-in for your browser under 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 end device (smartphone or tablet). When 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. At Google Analytics we store information between 9 to 18 months. As long as Google stores your data before it is deleted.

General information about Google Analytics and data protection can be found here: https://policies.google.com/

6.4. 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. Where possible and practical, this usage profile is completely anonymous. 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 contain personal data, is transferred to WiredMinds or collected directly by WiredMinds. WiredMinds may use information that is left during a visit to the websites 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.

7. SOCIAL-MEDIA-FANPAGES

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. You can find further information about the data processing that takes place on these fan pages on our fan page itself and in the privacy policy of the respective social media provider:

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/ 

8. SECURITY MEASURES TO PROTECT THE DATA WE STORE

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.

9. USE OF SERVICE PROVIDERS TO PROCESS PERSONAL DATA/PROCESSING OF 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.

10. STORAGE PERIOD

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.

11. RIGHTS OF THE DATA SUBJECT

11.1. 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.

11.2. 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. To do so, send an e-mail to datenschutz@tracto.com or write to TRACTO-TECHNIK GmbH & Co. KG, Paul-Schmidt-Strasse 2, 57368 Lennestadt, Germany.

11.3. RIGHT TO RECTIFICATION

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

11.4. RIGHT TO ERASURE AND BLOCKING

You have the right to blocking and erasure of the data we store about you. Erasure of your personal data is usually completed within two working days of exercising this right of the data subject. 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.

11.5. 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.

11.6. RIGHT TO OBJECT

You have the right to object to the data processing at any time without stating your 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.

11.7. Automated decision-making

Automated decision-making including profiling does not take place.

11.8. 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.

12. RIGHT OF APPEAL TO A 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 authorities responsible for us is:

The State Official for Data Privacy and Freedom of Information North Rhine-Westfalia
Postfach 20 04 44
40102 Düsseldorf
poststelle@ldi.nrw.de

Status: January 2022

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