Privacy Policy - www.marbach.com

We are looking forward to your visit to the Marbach website and to your interest in our company and our products. We are committed to keeping your private data safe and secure. In what follows we would like to inform you how your personal data will be processed by Marbach. The website www.marbach.com is an online facility offered to you by Karl Marbach GmbH & Co. KG, Heilbronn and Marbach Werkzeugbau Gmbh, Heilbronn (hereafter called Marbach).

Protection of privacy and confidentiality
The protection of your privacy when processing personal data as well as the security of all business data is an important concern for us, which we consider in our business processes. Data protection and information security are part of our corporate policy. We treat the data collected during your visit to the Marbach website confidentially and process it according to the legal regulations as well as this data protection statement. Please refer to the following chapter.

Marbach websites may contain links to websites of other providers. This privacy statement does not cover the websites of other providers.

 

 

1. An overview of data protection

General information

The following information will provide you with an easy to navigate overview of what will happen with your personal data when you visit this website. The term “personal data” comprises all data that can be used to personally identify you. For detailed information about the subject matter of data protection, please consult our Data Protection Declaration, which we have included beneath this copy.

 

Data recording on this website                                                          

Who is the responsible party for the recording of data on this website (i.e. the “controller”)?

The data on this website is processed by the operator of the website, whose contact information is available under section “Information Required by Law” on this website.

 

How do we record your data?                                                                      

We collect your data as a result of your sharing of your data with us. This may, for instance be information you enter into our contact form.

Other data shall be recorded by our IT systems automatically or after you consent to its recording during your website visit. This data comprises primarily technical information (e.g. web browser, operating system or time the site was accessed). This information is recorded automatically when you access this website.

 

What are the purposes we use your data for?

A portion of the information is generated to guarantee the error free provision of the website. Other data may be used to analyze your user patterns.

 

What rights do you have as far as your information is concerned?

You have the right to receive information about the source, recipients and purposes of your archived personal data at any time without having to pay a fee for such disclosures. You also have the right to demand that your data are rectified or eradicated. If you have consented to data processing, you have the option to revoke this consent at any time, which shall affect all future data processing. Moreover, you have the right to demand that the processing of your data be restricted under certain circumstances. Furthermore, you have the right to log a complaint with the competent supervising agency.

Please do not hesitate to contact us at any time under the address disclosed in section “Information Required by Law” on this website if you have questions about this or any other data protection related issues.

 

Analysis tools and tools provided by third parties

There is a possibility that your browsing patterns will be statistically analyzed when your visit this website. Such analyses are performed primarily with what we refer to as analysis programs.

For detailed information about these analysis programs please consult our Data Protection Declaration below.

 

 

2. Hosting and Content Delivery Networks (CDN)

 

External Hosting

This website is hosted by an external service provider (host). Personal data collected on this website are stored on the servers of the host. These may include, but are not limited to, IP addresses, contact requests, metadata and communications, contract information, contact information, names, web page access, and other data generated through a web site.

The host is used for the purpose of fulfilling the contract with our potential and existing customers (Art. 6 para. 1 lit. b GDPR) and in the interest of secure, fast and efficient provision of our online services by a professional provider (Art. 6 para. 1 lit. f GDPR).

Our host will only process your data to the extent necessary to fulfil its performance obligations and to follow our instructions with respect to such data.

 

We are using the following hosts:
Bradler & Krantz GmbH & Co. KG
Kurt-Schumacher-Platz 8

44787 Bochum

 and

Mittwald CM Service GmbH & Co. KG
Königsberger Straße 4-6
32339 Espelkamp

 

Execution of a contract data processing agreement

In order to guarantee processing in compliance with data protection regulations, we have concluded an order processing contract with our host.

 

3. General information and mandatory information

 

Data protection

The operators of this website and its pages take the protection of your personal data very seriously. Hence, we handle your personal data as confidential information and in compliance with the statutory data protection regulations and this Data Protection Declaration.

Whenever you use this website, a variety of personal information will be collected. Personal data comprises data that can be used to personally identify you. This Data Protection Declaration explains which data we collect as well as the purposes we use this data for. It also explains how, and for which purpose the information is collected.

We herewith advise you that the transmission of data via the Internet (i.e. through e-mail communications) may be prone to security gaps. It is not possible to completely protect data against third-party access.

 

Information about the responsible party (referred to as the “controller” in the GDPR)

The data processing controller on this website is:

Karl Marbach GmbH & Co. KG
Karl-Marbach-Straße 1

D-74080 Heilbronn

Phone: +49(0)7131-918-0
E-mail: info@marbach.com

The controller is the natural person or legal entity that single-handedly or jointly with others makes decisions as to the purposes of and resources for the processing of personal data (e.g. names, e-mail addresses, etc.).

 

Storage duration

Unless a more specific storage period has been specified in this privacy policy, your personal data will remain with us until the purpose for which it was collected no longer applies. If you assert a justified request for deletion or revoke your consent to data processing, your data will be deleted, unless we have other legally permissible reasons for storing your personal data (e.g. tax or commercial law retention periods); in the latter case, the deletion will take place after these reasons cease to apply.

 

Designation of a data protection officer as mandated by law

We have appointed a data protection officer for our company.

Karl Marbach GmbH & Co. KG
Datenschutzbeauftragter
Karl-Marbach-Straße 1

74080 Heilbronn

Phone: +49 7131-918-228
E-mail: datenschutz@marbach.com

 

Information on data transfer to the USA

Our website uses, in particular, tools from companies based in the USA. When these tools are active, your personal information may be transferred to the US servers of these companies. We must point out that the USA is not a safe third country within the meaning of EU data protection law. US companies are required to release personal data to security authorities without you as the data subject being able to take legal action against this. The possibility cannot therefore be excluded that US authorities (e.g. secret services) may

process, evaluate and permanently store your data on US servers for monitoring purposes. We have no influence over these processing activities.

 

Revocation of your consent to the processing of data

A wide range of data processing transactions are possible only subject to your express consent. You can also revoke at any time any consent you have already given us. This shall be without prejudice to the lawfulness of any data collection that occurred prior to your revocation.

 

Right to object to the collection of data in special cases; right to object to direct

advertising (Art. 21 GDPR)

IN THE EVENT THAT DATA ARE PROCESSED ON THE BASIS OF ART. 6 SECT. 1 LIT. E OR F GDPR, YOU HAVE THE RIGHT TO AT ANY TIME OBJECT TO THE PROCESSING OF YOUR PERSONAL DATA BASED ON GROUNDS ARISING FROM YOUR UNIQUE SITUATION. THIS ALSO APPLIES TO ANY PROFILING BASED ON THESE PROVISIONS. TO DETERMINE THE LEGAL BASIS, ON WHICH ANY PROCESSING OF DATA IS BASED, PLEASE CONSULT THIS DATA PROTECTION DECLARATION. IF YOU LOG AN OBJECTION, WE WILL NO LONGER PROCESS YOUR AFFECTED PERSONAL DATA, UNLESS WE ARE IN A POSITION TO PRESENT COMPELLING PROTECTION WORTHY GROUNDS FOR THE PROCESSING OF

YOUR DATA, THAT OUTWEIGH YOUR INTERESTS, RIGHTS AND FREEDOMS OR IF THE PURPOSE OF THE PROCESSING IS THE CLAIMING, EXERCISING OR DEFENCE OF LEGAL ENTITLEMENTS (OBJECTION PURSUANT TO ART. 21 SECT. 1 GDPR).

IF YOUR PERSONAL DATA IS BEING PROCESSED IN ORDER TO ENGAGE IN DIRECT ADVERTISING, YOU HAVE THE RIGHT TO AT ANY TIME OBJECT TO THE PROCESSING OF YOUR AFFECTED PERSONAL DATA FOR THE PURPOSES OF SUCH ADVERTISING. THIS ALSO APPLIES TO PROFILING TO THE EXTENT THAT IT IS AFFILIATED WITH SUCH DIRECT ADVERTISING. IF YOU OBJECT, YOUR

PERSONAL DATA WILL SUBSEQUENTLY NO LONGER BE USED FOR DIRECT ADVERTISING PURPOSES (OBJECTION PURSUANT TO ART. 21 SECT. 2 GDPR).

 

Right to log a complaint with the competent supervisory agency

In the event of violations of the GDPR, data subjects are entitled to log a complaint with a supervisory agency, in particular in the member state where they usually maintain their domicile, place of work or at the place where the alleged violation occurred. The right to log a complaint is in effect regardless of any other administrative or court proceedings available as legal recourses.

 

Right to data portability

You have the right to demand that we hand over any data we automatically process on the basis of your consent or in order to fulfil a contract be handed over to you or a third party in a commonly used, machine readable format. If you should demand the direct transfer of the data to another controller, this will be done only if it is technically feasible. SSL and/or TLS encryption For security reasons and to protect the transmission of confidential content, such as purchase orders or inquiries you submit to us as the website operator, this website uses either an SSL or a TLS encryption program. You can recognize an encrypted connection by checking whether the address line of the browser switches from “http://” to “https://” and also by the appearance of the lock icon in the browser line.

If the SSL or TLS encryption is activated, data you transmit to us cannot be read by third parties.

 

Information about, rectification and eradication of data

Within the scope of the applicable statutory provisions, you have the right to at any time demand information about your archived personal data, their source and recipients as well as the purpose of the processing of your data. You may also have a right to have your data rectified or eradicated. If you have questions about this subject matter or any other questions about personal data, please do not hesitate to contact us at any time at the address provided in section “Information Required by Law.”

 

Right to demand processing restrictions                                                  

You have the right to demand the imposition of restrictions as far as the processing of your personal data is concerned. To do so, you may contact us at any time at the address provided in section “Information Required by Law.” The right to demand restriction of processing applies in the following cases:

·        In the event that you should dispute the correctness of your data archived by us, we will usually need some time to verify this claim. During the time that this investigation is ongoing, you have the right to demand that we restrict the processing of your personal data.

·        If the processing of your personal data was/is conducted in an unlawful manner, you have the option to demand the restriction of the processing of your data in lieu of demanding the eradication of this data.

·        If we do not need your personal data any longer and you need it to exercise, defend or claim legal entitlements, you have the right to demand the restriction of the processing of your personal data instead of its eradication.

·        If you have raised an objection pursuant to Art. 21 Sect. 1 GDPR, your rights and our rights will have to be weighed against each other. As long as it has not been determined whose interests prevail, you have the right to demand a restriction of the processing of your personal data.

 

If you have restricted the processing of your personal data, these data – with the exception of their archiving – may be processed only subject to your consent or to claim, exercise or defend legal entitlements or to protect the rights of other natural persons or legal entities or for important public interest reasons cited by the European Union or a member state of the EU.

 

4. Recording of data on this website

Cookies

Our websites and pages use what the industry refers to as “cookies.” Cookies are small text files that do not cause any damage to your device. They are either stored temporarily for the duration of a session (session cookies) or they are permanently archived on your device (permanent cookies). Session cookies are automatically deleted once you terminate your visit. Permanent cookies remain archived on your device until you actively delete them or they are automatically eradicated by your web browser.

In some cases, it is possible that third-party cookies are stored on your device once you enter our site (thirdparty cookies). These cookies enable you or us to take advantage of certain services offered by the third party (e.g. cookies for the processing of payment services).

Cookies have a variety of functions. Many cookies are technically essential since certain website functions would not work in the absence of the cookies (e.g. the shopping cart function or the display of videos). The purpose of other cookies may be the analysis of user patterns or the display of promotional messages.

Cookies, which are required for the performance of electronic communication transactions (required cookies) or for the provision of certain functions you want to use (functional cookies, e.g. for the shopping cart function) or those that are necessary for the optimization of the website (e.g. cookies that provide measurable insights into the web audience), shall be stored on the basis of Art. 6 Sect. 1 lit. f GDPR, unless a different legal basis is cited. The operator of the website has a legitimate interest in the storage of cookies to ensure the technically error free and optimized provision of the operator’s services. If your consent to the storage of the cookies has been requested, the respective cookies are stored exclusively on the basis of the consent obtained (Art. 6 Sect. 1 lit. a GDPR); this consent may be revoked at any time.

You have the option to set up your browser in such a manner that you will be notified any time cookies are placed and to permit the acceptance of cookies only in specific cases. You may also exclude the acceptance of cookies in certain cases or in general or activate the delete function for the automatic eradication of cookies when the browser closes. If cookies are deactivated, the functions of this website may be limited.

In the event that third-party cookies are used or if cookies are used for analytical purposes, we will separately notify you in conjunction with this Data Protection Policy and, if applicable, ask for your consent.

More information about cookies can be found further down in this policy.

 

Server log files

The provider of this website and its pages automatically collects and stores information in so-called server log files, which your browser communicates to us automatically. The information comprises:

·        The type and version of browser used

·        The used operating system

·        Referrer URL

·        The hostname of the accessing computer

·        The time of the server inquiry

·        The IP address

 

This data is not merged with other data sources.

This data is recorded on the basis of Art. 6 Sect. 1 lit. f GDPR. The operator of the website has a legitimate interest in the technically error free depiction and the optimization of the operator’s website. In order to achieve this, server log files must be recorded.

 

Contact form

If you submit inquiries to us via our contact form, the information provided in the contact form as well as any contact information provided therein will be stored by us in order to handle your inquiry and in the event that we have further questions. We will not share this information without your consent.

The processing of these data is based on Art. 6 para. 1 lit. b GDPR, if your request is related to the execution of a contract or if it is necessary to carry out pre-contractual measures. In all other cases the processing is based on our legitimate interest in the effective processing of the requests addressed to us (Art. 6 Para. 1 lit. f GDPR) or on your agreement (Art. 6 Para. 1 lit. a GDPR) if this has been requested.

The information you have entered into the contact form shall remain with us until you ask us to eradicate the data, revoke your consent to the archiving of data or if the purpose for which the information is being archived no longer exists (e.g. after we have concluded our response to your inquiry). This shall be without prejudice to any mandatory legal provisions – in particular retention periods.

 

Request by e-mail, telephone or fax         

If you contact us by e-mail, telephone or fax, your request, including all resulting personal data (name, request) will be stored and processed by us for the purpose of processing your request. We do not pass these data on without your consent.

These data are processed on the basis of Art. 6 Sect. 1 lit. b GDPR if your inquiry is related to the fulfillment of a contract or is required for the performance of pre-contractual measures. In all other cases, the data are processed on the basis of our legitimate interest in the effective handling of inquiries submitted to us (Art. 6 Sect. 1 lit. f GDPR) or on the basis of your consent (Art. 6 Sect. 1 lit. a GDPR) if it has been obtained.

The data sent by you to us via contact requests remain with us until you request us to delete, revoke your consent to the storage or the purpose for the data storage lapses (e.g. after completion of your request). Mandatory statutory provisions - in particular statutory retention periods - remain unaffected.

 

HubSpot

We use HubSpot for our online marketing activities.

HubSpot is a software company based in the USA with an office in Ireland.
Contact: HubSpot, 2nd Floor 30 North Wall Quay, Dublin 1, Ireland,, Telephone: +353 1 5187500

HubSpot is an integrated software solution that covers various aspects of our online marketing. These include:

E-mail marketing (newsletters and automated mailings, e.g. to provide downloads)

Chat function

Reporting (e.g. traffic sources, access, etc.)

Contact management (e.g. user segmentation & CRM)

This information and the contents of our website are stored on servers of our software partner HubSpot. They can be used by us to contact visitors to our website and to determine which services of our company are of interest to them. All information collected by us is subject to this Privacy Policy. We use all information collected exclusively to optimize our marketing.

 

Contact form by HubSpot

When you use our online contact form, your information will be stored in HubSpot’s servers. While you enter your e-mail-address, it gets sent to HubSpot servers for validation. Like this we can make sure that your entered address is valid, and you receive our reply.

This storage and processing of your information is based on Art. 6 (1) (f) of GDPR, our legitimate interest to receive business communication and to provide an easy to use contact form on our website. As the contact form is only intended for B2B communication, it generally processes contact information on business partners and contact persons with potential customers. As you give us your contact data willingly, we rely on your reasonable expectation that we will use the data as intended for answering your questions and requests. Using our service provider, we can tailor our response to your needs and quickly reply to your requests concerning our products.

 

Web-Analysis by HubSpot

When you use our Website, your browser may transmit certain information to HubSpot servers automatically to enable an analysis of your usage of our website.

HubSpot only makes anonymized information available to us, including dates of access, visited subpages, referrer, country of origin or retention time. We are not able to correlate your access to you individually. HubSpot does not retain your IP-address persistently. After analyzing the rough geographical location of your access, the address is deleted.

We only use the web-analysis by HubSpot based on your explicit consent, which you can give via the consent banner on our website. In such case, the legal grounds for the processing is Art. 6 (1) (a) of GDPR, your consent.

We have entered into a data processing agreement with HubSpot. This includes the Standard Contractual Clauses by the European Commission to ensure an adequate level of data protection.

 

Hubspot CRM

We use Hubspot CRM on this website. The provider is Hubspot Inc. 25 Street, Cambridge, MA 02141 USA (hereafter Hubspot CRM).

Hubspot CRM enables us, among other things, to manage existing and potential customers and customer contacts, to communicate with you and to plan and execute marketing activities in line with your interests. Hubspot CRM enables us to capture, sort and analyze customer interactions via email, social media, or phone across multiple channels. The personal data collected in this way can be evaluated and used for communication with the potential customer or marketing measures (e.g. newsletter mailings). Hubspot CRM also enables us to collect and analyze the user behavior of our contacts on our website.

The use of Hubspot CRM is based on Art. 6(1)(f) GDPR. The website operator has a legitimate interest in the most efficient customer management and customer communication. If consent has been requested, the processing is carried out exclusively on the basis of Art. 6(1)(a) GDPR; consent may be revoked at any time.

For details, please refer to Hubspot’s privacy policy: https://legal.hubspot.com/de/privacy-policy.

Data transmission to the US is based on the standard contractual clauses of the EU Commission. Details can be found here: https://www.hubspot.de/data-privacy/privacy-shield.

 

Cookies

You can find more information about the cookies used by HubSpot here: 
https://knowledge.hubspot.com/articles/kcs_article/reports/what-cookies-does-hubspot-set-in-a-visitor-s-browser
and here: https://knowledge.hubspot.com/articles/kcs_article/account/hubspot-cookie-security-and-privacy 

 

Contract data processing agreement

We have concluded an order processing contract with Hubspot CRM. This is a contract that is required by data protection law and ensures that Hubspot CRM processes the personal data of our website visitors only according to our instructions and in compliance with the GDPR.

 

Registration on this website

You have the option to register on this website to be able to use additional website functions. We shall use the data you enter only for the purpose of using the respective offer or service you have registered for. The required information we request at the time of registration must be entered in full. Otherwise we shall reject the registration.</p> <p>To notify you of any important changes to the scope of our portfolio or in the event of technical modifications, we shall use the e-mail address provided during the registration process.

We shall process the data entered during the registration process on the basis of your consent (Art. 6 Sect. 1 lit. a GDPR).

The data recorded during the registration process shall be stored by us as long as you are registered on this website. Subsequently, such data shall be deleted. This shall be without prejudice to mandatory statutory retention obligations.

 

 

5. Analysis tools and advertising

 

Google Analytics

This website uses functions of the web analysis service Google Analytics. The provider of this service is Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland.

Google Analytics enables the website operator to analyze the behavior patterns of website visitors. To that end, the website operator receives a variety of user data, such as pages accessed, time spent on the page, the utilized operating system and the user’s origin. Google may consolidate these data in a profile that is allocated to the respective user or the user’s device.

Google Analytics uses technologies that make the recognition of the user for the purpose of analyzing the user behavior patterns (e.g. cookies or device fingerprinting). The website use information recorded by Google is, as a rule transferred to a Google server in the United States, where it is stored.

This analysis tool is used on the basis of Art. 6 Sect. 1 lit. f GDPR. The operator of this website has a legitimate interest in the analysis of user patterns to optimize both, the services offered online and the operator’s advertising activities. If a corresponding agreement has been requested (e.g. an agreement to the storage of cookies), the processing takes place exclusively on the basis of Art. 6 para. 1 lit. a GDPR; the agreement can be revoked at any time.

Data transmission to the US is based on the Standard Contractual Clauses (SCC) of the European Commission. Details can be found here:

https://privacy.google.com/businesses/controllerterms/mccs/.

 

IP anonymization

On this website, we have activated the IP anonymization function. As a result, your IP address will be abbreviated by Google within the member states of the European Union or in other states that have ratified the Convention on the European Economic Area prior to its transmission to the United States. The full IP address will be transmitted to one of Google’s servers in the United States and abbreviated there only in exceptional cases. On behalf of the operator of this website, Google shall use this information to analyze

your use of this website to generate reports on website activities and to render other services to the operator of this website that are related to the use of the website and the Internet. The IP address transmitted in conjunction with Google Analytics from your browser shall not be merged with other data in Google’s possession.

 

Browser plug-in

You can prevent the recording and processing of your data by Google by downloading and installing the browser plugin available under the following link: https://tools.google.com/dlpage/gaoptout?hl=en.

For more information about the handling of user data by Google Analytics, please consult Google’s Data Privacy Declaration at: https://support.google.com/analytics/answer/6004245?hl=en.

 

Contract data processing

We have executed a contract data processing agreement with Google and are implementing the stringent provisions of the German data protection agencies to the fullest when using Google Analytics.

 

Archiving period

Data on the user or incident level stored by Google linked to cookies, user IDs or advertising IDs (e.g. DoubleClick cookies, Android advertising ID) will be anonymized or deleted after 38 month. For details please click the following link:

https://support.google.com/analytics/answer/7667196?hl=en

 

Matomo (formerly called Piwik) 

This website uses the open source web analysis service Matomo. Matomo uses technologies that make it possible to recognize the user across multiple pages with the aim of analyzing the user patterns (e.g. cookies or device fingerprinting). The information recorded by Matomo about the use of this website will be stored on our server. Prior to archiving, the IP address will first be anonymized.

Through Matomo, we are able to collect and analyze data on the use of our website by website visitors. This enables us to find out, for instance, when which page views occurred and from which region they came. In addition, we collect various log files (e.g. IP address, referrer, browser and operating system used) and can measure whether our website visitors perform certain actions (e.g. clicks, purchases, etc.).

The use of this analysis tool is based on Art. 6 Sect. 1 lit. f GDPR. The website operator has a legitimate interest in the analysis of user patterns, in order to optimize the operator’s web offerings and advertising. If a corresponding agreement has been requested (e.g. an agreement to the storage of cookies), the processing takes place exclusively on the basis of Art. 6 para. 1 lit. a GDPR; the agreement can be revoked at any time.

 

Hosting

We host Matomo exclusively on our own servers so that all analysis data remains with us and is not passed on.

 

Google Ads

The website operator uses Google Ads. Google Ads is an online promotional program of Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland.

Google Ads enables us to display ads in the Google search engine or on third-party websites, if the user enters certain search terms into Google (keyword targeting). It is also possible to place targeted ads based on the user data Google has in its possession (e.g. location data and interests; target group targeting). As the website operator, we can analyze these data quantitatively, for instance by analyzing which search terms resulted in the display of our ads and how many ads led to respective clicks.

The use of Google Ads is based on Art. 6 Sect. 1 lit. et seq. GDPR. The website operator has a legitimate interest in marketing the operator’s services and products as effectively as possible.

Data transmission to the US is based on the Standard Contractual Clauses (SCC) of the European Commission. Details can be found here:

https://privacy.google.com/businesses/controllerterms/mccs/.

 

Google DoubleClick

This website uses features of Google DoubleClick. The provider is Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland, (hereinafter “DoubleClick”).

DoubleClick is used to show you interest-based ads across the Google Network. Advertisements can be tailored to the interests of the viewer using DoubleClick. For example, our ads may appear in Google search results or in banners associated with DoubleClick.

To be able to display interest adequate promotional content to users, DoubleClick must recognize the respective visitor so that it can allocate the websites visited, the clicks and other user pattern information to the user. To do this, DoubleClick deploys cookies or comparable recognition technologies (e.g. device fingerprinting). The recorded information is consolidated into a pseudonym user profile so that the respective user can be shown interest adequate advertising.

The use of Google DoubleClick takes place in the interest of targeted advertising measures. This constitutes a legitimate interest within the meaning of Art. 6 para. 1 lit. f GDPR. If a corresponding agreement has been requested (e.g. an agreement to the storage of cookies), the processing takes place exclusively on the basis of Art. 6 para. 1 lit. a GDPR; the agreement can be revoked at any time.

 

For further information on how to object to the advertisements displayed by Google, please see the following links:

https://policies.google.com/technologies/ads and

https://adssettings.google.com/authenticated.

 

6. Newsletter

Newsletter data

If you would like to subscribe to the newsletter offered on this website, we will need from you an e-mail address as well as information that allow us to verify that you are the owner of the e-mail address provided and consent to the receipt of the newsletter. No further data shall be collected or shall be collected only on a voluntary basis. We shall use such data only for the sending of the requested information and shall not share such data with any third parties.

The processing of the information entered into the newsletter subscription form shall occur exclusively on the basis of your consent (Art. 6 Sect. 1 lit. a GDPR). You may revoke the consent you have given to the archiving of data, the e-mail address and the use of this information for the sending of the newsletter at any time, for instance by clicking on the “Unsubscribe” link in the newsletter. This shall be without prejudice to the lawfulness of any data processing transactions that have taken place to date.

The data deposited with us for the purpose of subscribing to the newsletter will be stored by us until you unsubscribe from the newsletter or the newsletter service provider and deleted from the newsletter distribution list after you unsubscribe from the newsletter. Data stored for other purposes with us remain unaffected.

After you unsubscribe from the newsletter distribution list, your e-mail address may be stored by us or the newsletter service provider in a blacklist to prevent future mailings. The data from the blacklist is used only for this purpose and not merged with other data. This serves both your interest and our interest in complying with the legal requirements when sending newsletters (legitimate interest within the meaning of Art. 6 para. 1 lit. f GDPR). The storage in the blacklist is indefinite. You may object to the storage if your interests outweigh our legitimate interest.

 

CleverReach

This website uses CleverReach for the sending of newsletters. The provider is the CleverReach GmbH & Co. KG, Mühlenstr. 43, 26180 Rastede, Germany. CleverReach is a service that can be used to organize and analyze the sending of newsletters. The data you have entered for the purpose of subscribing to our newsletter (e.g. e-mail address) are stored on servers of CleverReach in Germany or in Ireland.

Newsletters we send out via CleverReach allow us to analyze the user patterns of our newsletter recipients. Among other things, in conjunction with this, it is possible how many recipients actually opened the newsletter e-mail and how often which link inside the newsletter has been clicked. With the assistance of a tool called Conversion Tracking, we can also determine whether an action that has been predefined in the newsletter actually occurred after the link was clicked (e.g. purchase of a product on this website). For more

information on the data analysis services by CleverReach newsletters, please go to:

https://www.cleverreach.com/en/features/reporting-tracking/.

The data is processed based on your consent (Art. 6 Sect. 1 lit. a GDPR). You may revoke any consent you have given at any time by unsubscribing from the newsletter. This shall be without prejudice to the lawfulness of any data processing transactions that have taken place prior to your revocation.

If you do not want to permit an analysis by CleverReach, you must unsubscribe from the newsletter. We provide a link for you to do this in every newsletter message. Moreover, you can also unsubscribe from the newsletter right on the website.

The data deposited with us for the purpose of subscribing to the newsletter will be stored by us until you unsubscribe from the newsletter or the newsletter service provider and deleted from the newsletter distribution list after you unsubscribe from the newsletter. Data stored for other purposes with us remain unaffected.

After you unsubscribe from the newsletter distribution list, your e-mail address may be stored by us or the newsletter service provider in a blacklist to prevent future mailings. The data from the blacklist is used only for this purpose and not merged with other data. This serves both your interest and our interest in complying with the legal requirements when sending newsletters (legitimate interest within the meaning of Art. 6 para. 1 lit. f GDPR). The storage in the blacklist is indefinite. You may object to the storage if your interests outweigh our legitimate interest.

For more details, please consult the Data Protection Provisions of CleverReach at:

https://www.cleverreach.com/en/privacy-policy/.

 

Execution of a contract data processing agreement

We have entered into a contract data processing agreement with the provider of CleverReach and implement the strict provisions of the German data protection agencies to the fullest when using CleverReach.

 

 

7. Plug-ins and Tools

 

YouTube

This website embeds videos of the website YouTube. The website operator is Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland.

If you visit a page on this website into which a YouTube has been embedded, a connection with YouTube’s servers will be established. As a result, the YouTube server will be notified, which of our pages you have visited.

Furthermore, YouTube will be able to place various cookies on your device or comparable technologies for recognition (e.g. device fingerprinting). In this way YouTube will be able to obtain information about this website’s visitors. Among other things, this information will be used to generate video statistics with the aim of improving the user friendliness of the site and to prevent attempts to commit fraud.

If you are logged into your YouTube account while you visit our site, you enable YouTube to directly allocate your browsing patterns to your personal profile. You have the option to prevent this by logging out of your YouTube account.

The use of YouTube is based on our interest in presenting our online content in an appealing manner. Pursuant to Art. 6 Sect. 1 lit. f GDPR, this is a legitimate interest. If a corresponding agreement has been requested, the processing takes place exclusively on the basis of Art. 6 para. 1 lit. a GDPR; the agreement can be revoked at any time.

For more information on how YouTube handles user data, please consult the YouTube Data Privacy Policy under: https://policies.google.com/privacy?hl=en.

 

Google Maps

This website uses the mapping service Google Maps. The provider is Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland.

To enable the use of the Google Maps features, your IP address must be stored. As a rule, this information is transferred to one of Google’s servers in the United States, where it is archived. The operator of this website has no control over the data transfer.

We use Google Maps to present our online content in an appealing manner and to make the locations disclosed on our website easy to find. This constitutes a legitimate interest as defined in Art. 6 Sect. 1 lit. f GDPR. If a respective declaration of consent has been obtained, the data shall be processed exclusively on the basis of Art. 6 Sect. 1 lit. a GDPR. This declaration of consent may be revoked at any time.

Data transmission to the US is based on the Standard Contractual Clauses (SCC) of the European Commission. Details can be found here:

https://privacy.google.com/businesses/gdprcontrollerterms/ and

https://privacy.google.com/businesses/gdprcontrollerterms/sccs/.

For more information on the handling of user data, please review Google’s Data Privacy Declaration under: https://policies.google.com/privacy?hl=en.

 

Social media
We also provide you with extensive personal support and the possibility to stay in touch with us through our social media pages (Facebook, Instagram, YouTube, Google Plus, Xing, LinkedIn). These social media services themselves collect personal data, e.g. via your profile created there or via so-called social plug-ins, which are implemented in websites of third parties.

If you send us a request through one of these social media channels, we forward that request to the responsible department. The data will only be used to answer that request.

In order to be able to contact us via social media, you must first register with these services. For this purpose, the company responsible for the respective service collects and uses personal data. We have no influence on the nature, extent and processing of that data. This also applies to images / videos uploaded in social media. Please note that the rights may be transferred to the social media services. The details can be found in the data protection and usage conditions of the respective providers.

These are the following companies:
Facebook Inc. (1601 Willow Road, Menlo Park, CA 94025, USA)
Google Inc. (1600 Amphitheater Parkway, Mountain View, CA 94043, USA)
YouTube, LLC (901 Cherry Ave., San Bruno, CA 94066, USA)
XING AG (Dammtorstrasse 30, 20354 Hamburg, Germany)
LinkedIn Corporation (1000 West Maude Avenue, Sunnyvale, CA 94085, USA)

For the purpose and scope of data collection and the further processing and use of the data by these companies, as well as your rights and settings for the protection of your privacy, please refer to the privacy policy of:
Facebook & Instagram: http://www.facebook.com/policy.php
Google: https://www.google.com/intl/en/policies/privacy/
YouTube: https://www.google.com/intl/en/policies/privacy/
Xing: https://www.xing.com/privacy
LinkedIn: https://www.linkedin.com/legal/privacy-policy

 

8. Online-based Audio and Video Conferences (Conference tools) 

Data processing

We use online conference tools, among other things, for communication with our customers. The tools we use are listed in detail below. If you communicate with us by video or audio conference using the Internet, your personal data will be collected and processed by the provider of the respective conference tool and by us. The conferencing tools collect all information that you provide/access to use the tools (email address and/or your phone number). Furthermore, the conference tools process the duration of the conference, start and end (time) of participation in the conference, number of participants and other “context information” related to the communication process (metadata).

Furthermore, the provider of the tool processes all the technical data required for the processing of the online communication. This includes, in particular, IP addresses, MAC addresses, device IDs, device type, operating system type and version, client version, camera type, microphone or loudspeaker and the type of connection.

Should content be exchanged, uploaded or otherwise made available within the tool, it is also stored on the servers of the tool provider. Such content includes, but is not limited to, cloud recordings, chat/ instant messages, voicemail uploaded photos and videos, files, whiteboards and other information shared while using the service.

Please note that we do not have complete influence on the data processing procedures of the tools used. Our possibilities are largely determined by the corporate policy of the respective provider. Further information on data processing by the conference tools can be found in the data protection declarations of the tools used, and which we have listed below this text.

 

Purpose and legal bases

The conference tools are used to communicate with prospective or existing contractual partners or to offer certain services to our customers (Art. 6 para. 1 sentence 1 lit. b GDPR). Furthermore, the use of the tools serves to generally simplify and accelerate communication with us or our company (legitimate interest in the meaning of Art. 6 para. 1 lit. f GDPR). Insofar as consent has been requested, the tools in question will be used on the basis of this consent; the consent may be revoked at any time with effect from that date.

 

Duration of storage

Data collected directly by us via the video and conference tools will be deleted from our systems immediately after you request us to delete it, revoke your consent to storage, or the reason for storing the data no longer applies. Stored cookies remain on your end device until you delete them. Mandatory legal retention periods remain unaffected.

We have no influence on the duration of storage of your data that is stored by the operators of the conference tools for their own purposes. For details, please contact directly the operators of the conference tools.

 

Conference tools used

We employ the following conference tools:

 

Zoom

We use Zoom. The provider of this service is Zoom Communications Inc, San Jose, 55 Almaden Boulevard, 6th Floor, San Jose, CA 95113, USA. For details on data processing, please refer to Zoom’s privacy policy: https://zoom.us/en-us/privacy.html.

Data transmission to the US is based on the Standard Contractual Clauses (SCC) of the European Commission. Details can be found here: https://zoom.us/de-de/privacy.html.

 

Use of "Zoom" to conduct webinars

*Please note: This is a translation. The information about the usage of “Zoom” in German language is legally binding.*

For our webinars we use the software "Zoom Meetings", a solution of the company Zoom Video Communications, Inc.

With the current decision of the European Court of Justice ("Schrems II ruling" C- 311/18), the transfer of personal data via servers that are not operated within the EU is declared unsafe due to the ineffectiveness of the previous EU-US Privacy Shield. 

However, according to the principles of the EU Data Protection Basic Regulation, any processing of personal data requires a legal basis. Therefore, if a legal data transfer to the USA is to take place, the legal basis for this, according to Art. 49 para. 1 letter a DSGVO, is your consent according to Art. 6 para. 1 letter a DSGVO in connection with Art. 7 DSGVO

Therefore we need your consent to use "Zoom" for the webinar.

 

For your information

Despite the agreement concluded by us with Zoom Video Communications, Inc. on the data protection obligations for order data processing, including standard data protection clauses, it is possible that these regulations may not represent a sufficient means of ensuring the effective protection of personal data transmitted to the USA in practice.  

This is particularly the case because the U.S. authorities are permitted to carry out surveillance activities, which in practice take the form of mass surveillance of communications by secret services.  

 

Voluntary nature of your consent

Your consent to use "Zoom" is given on a voluntary basis. There will be no additional costs and no further consequences if you do not agree.

 

Revocability of your consent

You can revoke your consent at any time and without giving reasons with effect for the future. Your revocation has the consequence that upcoming webinars to which you have already given your consent will not take place via "zoom". Your revocation must be in text form (an e-mail to web-session@marbach.com is sufficient).    

 

Your rights  

As a person affected by data processing in connection with the use of "Zoom" and the implementation of webinars, you have extensive rights. These can be found in detail in our data protection declaration.  

 

Notes on the use of Zoom

In the following we would like to give you some information about our webinar software Zoom and hints for its use. Please read the information carefully and take it into account when planning, conducting and/or participating in zoom meetings.

 

What is Zoom?

Zoom Video Communications is a U.S.-based company based in San Jose, California that provides video conferencing, online meetings, chat and mobile collaboration. Marbach uses this solution to conduct online trainings / webinars.

 

Which data does Zoom collect?

Zoom collects the following technical data on devices, network and Internet connection

  • IP address, MAC address, other device IDs (UDID), device type, operating system type and version, client version, camera type, microphone or speaker, type of connection, 
  • Approximate position (no exact location information), nearest city
  • User behavior (no content from meetings and chats)
  • VoIP or phone call, mobile client or desktop
  • Selected settings in Zoom
  • Participation without video, request meeting password 
  • Duration of the meeting, e-mail address, name or other data that a participant enters to identify him or herself in the meeting, 
  • Start and end time of participants' participation, name of the meeting, planned date / time of the meeting, 
  • Chat status and content (unless the user actively selects a setting)

 

Where is this data transmitted and stored?

Zoom Video Communications, Inc. https://zoom.us/, which operates the Zoom video conferencing platform, processes personal data on our behalf.  This means that Zoom may only use it in accordance with our instructions and not for its own purposes, i.e. neither for advertising nor to pass it on to third parties. The data is stored on systems in the USA

 

Are recordings in zoom allowed?

Recordings are only allowed by Marbach as webinar provider and host. Recording is only allowed with the consent of the participants. As soon as the host starts a recording, the participants will receive an automated pop-up notification asking for the consent of the participants. The host is responsible for the recordings.

Participants who do not agree with the recording are recommended to leave the zoom meeting without giving reasons. Recordings are stored on the host's local computer and not in the Zoom Cloud.

 

What do you have to consider when using Zoom?

Meeting passwords are used and if a recording of the webinar is planned, this will be communicated to participants when they register.

Participants of Zoom meetings can also deactivate their video image for better performance. Participants must not be required to activate the video image.

We have generally deactivated the "attention tracking" function for all participants.

Due to the recently published security vulnerabilities in Zoom, we do not recommend its use on smartphones as the end-to-end encryption does not yet work for phone calls.

Zoom Privacy Policy: https://zoom.us/privacy

 

Execution of a contract data processing agreement

We have entered into a contract data processing agreement with the provider of Zoom and implement the strict provisions of the German data protection agencies to the fullest when using Zoom.

 

9. Custom Services

 

Job Applications

We offer website visitors the opportunity to submit job applications to us (e.g. via e-mail, via postal services on by submitting the online job application form). Below, we will brief you on the scope, purpose and use of the personal data collected from you in conjunction with the application process. We assure you that the collection, processing and use of your data will occur in compliance with the applicable data privacy rights and all other statutory provisions and that your data will always be treated as strictly confidential.

Scope and purpose of the collection of data

If you submit a job application to us, we will process any affiliated personal data (e.g. contact and communications data, application documents, notes taken during job interviews, etc.), if they are required to make a decision concerning the establishment or an employment relationship. The legal grounds for the aforementioned are § 26 New GDPR according to German Law (Negotiation of an Employment Relationship), Art. 6 Sect. 1 lit. b GDPR (General Contract Negotiations) and – provided you have given us your consent – Art. 6 Sect. 1 lit. a GDPR. You may revoke any consent given at any time. Within our company, your personal data will only be shared with individuals who are involved in the processing of your job application.

If your job application should result in your recruitment, the data you have submitted will be archived on the grounds of § 26 New GDPR and Art. 6 Sect. 1 lit. b GDPR for the purpose of implementing the employment relationship in our data processing system.

Data Archiving Period

If we are unable to make you a job offer or you reject a job offer or withdraw your application, we reserve the right to retain the data you have submitted on the basis of our legitimate interests (Art. 6 para. 1 lit. f GDPR) for up to 6 months from the end of the application procedure (rejection or withdrawal of the application). Afterwards the data will be deleted, and the physical application documents will be destroyed. The storage

serves in particular as evidence in the event of a legal dispute. If it is evident that the data will be required after the expiry of the 6-month period (e.g. due to an impending or pending legal dispute), deletion will only take place when the purpose for further storage no longer applies.

Longer storage may also take place if you have given your agreement (Article 6 (1) (a) GDPR) or if statutory data retention requirements preclude the deletion.

 

Marbach Webshop

Personal data is data that allows identification of your person. When registering a customer account, e.g. entering the following personal data: company name, title, first name and last name, street & house number, postal code, city, country, telephone number, fax number, website, VAT ID, e-mail address and e-mail retry, password and password repeat. These data are processed by us only if legal regulations allow it or after prior consent.

We use personal data if this is necessary for establishing and designing the contract, provision of services or invoicing. The information is used by us for order processing, delivery and provision of services as well as for payment processing. We also use your information to communicate with you about orders, products and services, and to update and maintain our records of your customer account with us.

Otherwise, your personal data will not be passed on to other companies outside the Marbach Group, unless we are obliged to provide such data, for example on the basis of a court order or an official order. When transferring your personal data to the extent described above and to countries outside the European Economic Area (EEA), we ensure that the information is passed on in accordance with this data protection statement and German data protection laws.

 

Please understand that the use of our webshop as well as the use of our services are not possible if you do not agree to the above regulations in whole or in part.

 

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