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Privacy Policy

This privacy policy explains the type, scope and purpose of the processing of personal data (hereinafter referred to as “data”) within the context of our online offerings and associated websites, functions and contents as well as external online offerings, such as our social media profiles (hereinafter collectively referred to as “online content”). We refer to the definitions in Art. 4 of the General Data Protection Regulation (GDPR) with regard to the terms used, such as “processing” or “controller.”

Privacy Policy

Last updated May 2018

I. Name and address of the controller

The controller within the meaning of the General Data Protection Regulation and other national data protection laws of the EU Member States as well as other data protection regulations is:

Mahlwerck Porzellan GmbH
An der Alten Spinnerei 1
83059 Kolbermoor
Germany

Tel.: +49(0) 80 31 27 47 0
Mail: info@nullmahlwerck.de
Web.: www.mahlwerck.de

II. Name and address of the data protection officer:

The data protection officer for the controller is:

DataCo GmbH
Dr. Patrick Schweisthal
Siegfriedstraße 8
80803 Munich
Germany

Tel.: +49 89 740045840
Mail: datenschutz@nulldataguard.de
Web.: www.dataguard.de

III. Rights of data subjects

If your personal data is processed, you are a data subject within the meaning of the GDPR and you have the following rights with vis-à-vis the controller:

1. Right to information

You can ask the controller to confirm whether we process your personal data. If such processing takes place, you can request the following information from the controller:

(1) The purposes for which personal data is processed;
(2) The categories of personal data subject to processing;
(3) The recipients or categories of recipients to whom the personal data has been or is still being disclosed, in particular recipients in third countries or international organisations;
(4) The period for which the personal data will be retained, or if that is not possible, the criteria used to determine that period;
(5) The existence of a right to rectification or erasure of the personal data concerning you, a right to restrict processing by the controller, or the right to object to such processing;
(6) The existence of the right to lodge a complaint with a supervisory authority;
(7) If personal data is not collected from the data subject, all available information on the origin of the data;
(8) The existence of automated decision-making, including profiling, referred to in Art. 22(1) and (4) GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject. You also have the right to know whether your personal data has been transmitted to a third country or to an international organization. In this context, you can request to be informed of the appropriate guarantees in accordance with Art. 46 GDPR in connection with the transfer of such data.

2. Right to rectification

You have a right of rectification and/or completion with respect to controller if the personal data processed concerning you is incorrect or incomplete. The controller is required to rectify incorrect or incomplete data without undue delay.

3. Right to restriction of processing

You may request that the processing of your personal data be restricted under the following conditions:

(1) You contest the accuracy of your personal data, for a period that enables the controller to verify the accuracy of the personal data;
(2) The processing is unlawful and you refuse to erase the personal data and instead request that the use of the personal data be restricted;
(3) The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims; or
(4) You have objected to processing pursuant to Art. 21(1) GDPR pending verification of whether the legitimate grounds of the controller override those of the data subject. Where processing personal data concerning you has been restricted, such personal data shall, with the exception of retention, only be processed with the data subject’s consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State. If processing has been restricted as provided above, you will be informed by the controller before the restriction of processing is lifted.

4. Right to erasure

a) Obligation to erase

You have the right to obtain from the controller the erasure of personal data concerning you without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies:

(1) The personal data concerning you is no longer necessary for the purposes for which it was collected or otherwise processed;
(2) You withdraw your consent on which the processing is based according to Art. 6(1)(a) GDPR, or Art. 9(2)(a) GDPR, and where there is no other legal ground for the processing.
(3) You object to processing pursuant to Art. 21(1) GDPR and there are no overriding legitimate reasons for the processing, or you object to processing pursuant to Art. 21(2) GDPR.
(4) Personal data concerning you has been processed unlawfully.
(5) Personal data concerning you has to be erased for compliance with a legal obligation under Union or Member State law to which the controller is subject.
(6) Personal data concerning you has been collected in relation to the offer of information society services referred to in Art. 8(1) GDPR.

b) Notice to third parties

Where the controller has made personal data public and is obliged pursuant to Art. 17(1) GDPR to erase the personal data, the controller, taking account available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, such personal data to the extent such data is not required for processing.

c) Exceptions

The right to erasure does not apply insofar as processing is necessary

(1) To exercise the right of freedom of expression and information;
(2) For compliance with a legal obligation which requires processing under Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
(3) For reasons of public interest in the area of public health in accordance with points Art. 9(2)(h) and (i) as well as Art. 9(3) GDPR;
(4) For archiving purposes in the interest of public, scientific or historical research purposes or for statistical purposes in accordance with Art. 89(1) GDPR in so far as the right referred to in point a) is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
(5) To establish, exercise, or defend legal claims.

5. Right to notification

If you have exercised your right to rectification, erasure or restriction of processing vis-à-vis the controller, they are obliged to inform all recipients to whom the personal data that concerns you has been disclosed of the rectification or erasure of the data or restriction on processing, unless this proves impossible or involves a disproportionate effort. It is your right to have the controller inform you regarding such recipients.

6. Right to data portability

You have the right to receive personal data concerning you, which you have provided to a controller, in a structured, commonly used and machine-readable format. You also have the right to transmit this data to another controller without hindrance from the controller to which the personal data have been provided, where:

(1) Processing is based on consent in accordance with Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR or based on a contract pursuant to Art. 6(1)(b) GDPR and
(2) Processing is carried out by automated means. In exercising this right, you also have the right to request that the personal data concerning you be transferred directly from one controller to another controller, insofar as this is technically feasible. The exercise of this right may not adversely affect the rights and freedoms of others. The right to data portability does not apply to the processing of personal data necessary for the performance of a task in the public interest or in the exercise of official authority vested in the controller.

7. Right t object

You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on Art. 6(1)(e) or (f) GDPR, including profiling based on those provisions. The controller shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims. Where personal data concerning you are processed for direct marketing purposes, you have the right to object at any time to processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing. If you object to the processing of your personal data for direct marketing purposes, we will no longer process your personal data for these purposes. In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you may exercise your right to object by automated means using technical specifications.

8. Right to withdraw consent

You have the right to withdraw your consent at any time. The withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.

9. Automated individual decision-making, including profiling

You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision:
(1) Is necessary for entering into, or performance of, a contract between you and a data controller;
(2) Is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interests; or
(3) Is based on your explicit consent. However, such decisions cannot be based on special categories of personal data referred to in Art. 9(1) GDPR, unless Art. 9(2)(a) or (g) GDPR applies and suitable measures to safeguard your rights and freedoms and legitimate interests are in place. In the cases referred to in (1) and (3), the controller is required to implement suitable measures to safeguard your rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express your point of view and to contest the decision.

10. Right to lodge a complaint with a supervisory authority

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you infringes the GDPR. The supervisory authority to which the complaint has been lodged shall inform the complainant of the state and outcome of the complaint, including the possibility of a judicial remedy under Art. 78 GDPR.

IV. General information about data processing

1. Scope of personal data processing

We process our users’ personal data only insofar as this is necessary to provide a functional website as well as our contents and services. As a rule, collection and utilisation of our users’ personal data is only undertaken with the user’s consent. An exception applies in those cases where prior consent cannot be obtained for legal or factual reasons and the processing of the data is permitted by law.

2. Legal basis for processing personal data

In cases where we have obtained your consent to process personal data, Art. 6(1)(a) of the General Data Protection Regulation (GDPR) serves as the legal basis for processing such personal data. When processing personal data required for the performance of a contract to which the data subject is a party, Art. 6(1)(b) GDPR serves as the legal basis. This also applies to processing operations that are necessary in connection with pre-contractual activities. In cases where it is necessary to process personal data to comply with a legal obligation to which we are subject, Art. 6(1)(c) GDPR serves as the legal basis for such processing. Article 6(1)(d) GDPR serves as the legal basis in cases where processing personal data is necessary in order to protect the vital interests of the data subject or those of another natural person. If processing is necessary to protect a legitimate interest of ours or of a third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh these interests, Art. 6(1)(f) GDPR serves as the legal basis for such processing.

3. Data erasure and retention period

Personal data of the data subject will be erased or blocked as soon as the purpose for which the data is stored ceases to apply. Furthermore, data may be retained for longer periods if this has been provided for by European or national legislative bodies in EU regulations, laws or other rules to which the controller subject. Data will also be blocked or erased if a retention period prescribed by the laws referred to above has lapsed, unless there is a need for further retention of the data for the conclusion or performance of a contract.

V. Provision of the website and creation of log files

1. Description and scope of data processing

Every time you visit our website, our system automatically collects data and information from the computer system of the computer accessing the website. The following data is collected in this context:

  • Information about the browser type and version used
  • The user’s operating system
  • The user’s Internet service provider
  • The user’s IP address
  • Date and time of access
  • Websites from which the user’s system accesses our website
  • Websites accessed by the user’s system via our website

This data is also stored in log files on our system. This data is not stored together with other personal data of the user.

2. Legal basis for data processing

The legal basis for the temporary retention of data and log files is Art. 6(1)(f) GDPR.

3. Purpose of data processing

Temporary retention of IP address by the system is necessary to enable access to the website by the user’s computer. The IP address of the user must be retained for the duration of the session for such purposes. Data is stored in log files to ensure the website’s functionality. The data is also used to optimise the web page and to ensure the security of our information technology systems. No evaluation of the data for marketing purposes is undertaken in this context. These purposes also encompass our legitimate interest in data processing in accordance with Art. 6(1)(f) GDPR.

4. Retention period

The data will be erased as soon as it is no longer necessary to achieve the purpose for which it was collected. In the case of data collected to enable provision of the website, this will be undertaken once the respective session has ended. Any data stored in log files will be erased within seven days at the latest. Retention for longer period is not possible. In this case, the user’s IP addresses will be erased or modified, so that it is not possible to associate the IP address with the requesting client.

5. Options for objection and erasure

The collection of data for the provision of the website and the retention of data in log files is absolutely necessary for the operation of the website. Consequently, there is no option to object on the part of the user.

VI. Use of cookies

1. a) Description and scope of data processing

Our website uses cookies. Cookies are text files which are saved in the user’s web browser or on the user’s computer system by the user’s web browser. A cookie may be stored on the user’s operating system when the user visits a web page. This cookie contains a distinctive character string that enables unique identification of the browser when the website is accessed again. We use cookies to make our website more user-friendly. Some elements of our website require that the requesting browser can be identified even after changing pages. In this context, the following data is stored and transmitted in the cookies: Language settings We also use cookies on our website that enable analysis of the user’s surfing behaviour. The following data may be transmitted in this in this context: Frequency of page views Use of website functions

1. b) Legal basis for data processing

The legal basis for processing personal data using cookies is Art. 6(1)(f) GDPR.

1. c) Purpose of data processing

The purpose of using technically necessary cookies is to simplify use of websites by users. Some features of our website will not be available without the use of cookies. These features require the browser to be recognised even after changing the page. We require cookies for the following applications: Shopping cart Applying language settings on log-in To improve the quality and content of our website These purposes also encompass our legitimate interest in processing personal data in accordance with Art. 6(1)(f) GDPR.

1. d) Retention period, options for objection and erasure

Cookies are stored on the user’s computer and transmitted by the computer to our website. Therefore, as a user you have full control of the use of cookies. You can deactivate or restrict the transmission of cookies by changing the settings of your web browser. Cookies that have already been saved can be deleted at any time. This can also be done automatically. If cookies are deactivated for our websites, you may no longer be able to use all functions of our website to their full extent.

VII. Newsletter

1. Description and scope of data processing

You can subscribe to a free newsletter on our website. When registering for the newsletter, the following data is transmitted to us from the input form:

  • Email address
  • First name
  • Address
  • Company
  • IP address of the querying computer and date and time of registration

In connection with data processing for the sending of our newsletter, no data will be shared with third parties. This data will be used exclusively for sending the newsletter.

2. Legal basis for data processing

The legal basis for processing data following subscription to our newsletter by the user is Art. 6(1)(a) GDPR provided the user has given their consent.

3. Purpose of data processing

The purpose of collecting the user’s email address is to send the newsletter. The collection of other personal data as part of the registration process serves to prevent misuse of the services or the email address used.

4. Retention period

The data will be erased as soon as it is no longer necessary to achieve the purpose for which it was collected. The user’s email address will therefore be stored for as long as the subscription to the newsletter is active.

5. Options for objection and erasure

The subscription to the newsletter can be cancelled by the respective user at any time. Every newsletter contains a corresponding link for this purpose.

VIII. Registration

1. Description and scope of data processing

We offer users the possibility to register on our website subject to the provision of personal data. In this context, data is entered via an input form, transmitted to us and stored. This data is not shared with any third parties. The following data is collected during the registration process:

  • Email address
  • Last name
  • First name
  • Address
  • Telephone / Mobile phone / Company name

The following data is also stored at the time of registration: If registration is used to fulfil a contract to which the user is a party or is related to pre-contractual activities, Art. 6(1)(b) GDPR provides an additional legal basis for processing this data. The user’s consent to processing this data is obtained in connection with the registration process.

2. Legal basis for data processing

Article 6(1)(a) GDPR provides the legal basis for processing data in cases where the user’s consent has been obtained. User registration is required for the provision of the following content and services on our website: Preparation of offers by sales partners.

3. Purpose of data processing

User registration is required for the provision of the following content and services on our website: Preparation of offers by sales partners.

4. Retention period

The data will be erased as soon as it is no longer necessary to achieve the purpose for which it was collected. This is the case for the data collected during the registration process if registration on our website is cancelled or changed.

5. Options for objection and erasure

As a user you have the ability to cancel your registration at any time. You can change data about you that we have stored at any time. If you have any questions regarding the deletion of your account or changes to your data, please contact us using the contact details given under legal notices.

IX. Using our contact form & contacting us by e-mail

1. Description and scope of data processing

Our website contains a contact form which can be used for to contact us electronically. If a user takes advantage of this option, the data entered in the input form will be transmitted to us and stored. This data includes:

  • Email address
  • Last name
  • First name
  • Address
  • Telephone / Mobile phone
  • Company name

The following data is also stored at the time a message is sent: Your consent is obtained for the processing of the data within the scope of the sending process and reference is made to this Privacy Policy. Alternatively, you may contact us via the e-mail address provided for this purpose. In this case, the user’s personal data transmitted along with the e-mail will be stored. This data will not be shared with any third parties in this context. This data will be used exclusively to process your inquiry.

2. Legal basis for data processing

Article 6(1)(a) GDPR provides the legal basis for processing data in cases where the user’s consent has been obtained. The legal basis for processing the data transferred in the course of sending an e-mail is Art. 6(1)(f) GDPR. If the intent of the e-mail is to enter into a contract with us, this creates an additional legal basis for its processing in accordance with Art. 6(1)(b) GDPR.

3. Purpose of data processing

We process personal data from the input form solely for processing your inquiry. In the event of contact by e-mail, this also provides the required legitimate interest in processing this data. Other personal data processed during the sending process serve to prevent misuse of the contact form and to ensure the security of our information technology systems.

4. Retention period

The data will be erased as soon as it is no longer necessary to achieve the purpose for which it was collected. With regard to personal data from the input screen in our contact for, and for data sent by e-mail, this is the case when the respective conversation with the user is finished. The conversation has ended when it can be inferred from the circumstances that the matter at hand has been conclusively resolved. Additional personal data collected during the sending process will be deleted after a period of seven days at the latest.

5. Options for objection and erasure

The user has the ability to withdraw their consent to the processing of personal data at any time. A user who has contacted us by e-mail may object to the retention of their personal data at any time. In such cases, it will not be possible to continue the respective conversation. All personal data stored in the course of contacting us will be deleted as a result.

X. Plug-ins we use

Use of Google Analytics

1. Scope of personal data processing

Our website uses Google Analytics, a web analytics service provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (Google). Google Analytics uses cookies, which are text files placed on your computer, to help the website analyse how users use the site. As a rule, the information generated by the cookie about your use of the website will be transmitted to and stored by Google on servers in the United States. In the event IP anonymisation is activated on this website, Google shortens the IP address within member states of the European Union or in other signatory states to the Agreement on the European Economic Area beforehand. Only in exceptional cases is the full IP address transmitted by Google to the United States and shortened there. IP anonymisation has been activated on this website. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activities and to provide the website operator with further services associated with website use and Internet use. The IP address transferred by your browser in connection with Google Analytics will not be associated with other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do so you may not be able to use the full functionality of this website.

2. Legal basis for processing personal data

The legal basis for data processing in this context is Art. 6(1)(f) GDPR.

3. Purpose of data processing

The purpose processing personal data in this regard is to specifically address a target group that has expressed initial interest in the form of a site visit.

4. Retention period

According to information provided by Google, advertising data in server logs is rendered anonymous in that Google deletes parts of the IP cookie information after 9 or 18 months, respectively.

5. Options for objection and erasure

You may also prevent the data that is generated by cookies about your use of the website (including your IP address) from being collected and passed on to Google, and the processing of this data by Google, by downloading and installing the browser plug-in available at the following link: http://tools.google.com/dlpage/gaoptout?hl=de. Further information may be found at https://www.google.com/intl/de/policies/privacy/.

Use of the Google Maps plug-in

1. Scope of personal data processing

Our website uses the online map service Google Maps operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. By using Google Maps on our website, information about the use of our website, your IP address and data from the route planning function will be sent to a Google server in the United States and stored there. By using our website, you consent to the processing of your data collected by Google Maps.

2. Legal basis for processing personal data

The legal basis for data processing in this context is Art. 6(1)(f) GDPR.

3. Purpose of data processing

We have neither knowledge of the purpose of the data collection, nor of the use of the data by Google.

4. Retention period

We have no information on the length of the retention period.

5. Options for objection and erasure

You may find additional information at https://www.google.com/intl/de/policies/privacy/ .

Use of Matomo (formerly Piwik)

1. Scope of personal data processing

Our website uses the open source software tool Matomo (formerly PIWIK) to analyse our users. This software places a cookie on the user’s computer (for cookies, see above). The following data will be stored when individual pages of our website are accessed:

(1) Two bytes of the IP address of the calling system of the user
(2) The web page viewed
(3) The website from which the user reached the website accessed (referrer)
(4) The sub-pages viewed via the website accessed
(5) Length of stay on the website
(6) Frequency of visiting the website This software runs exclusively on our website’s servers. Users’ personal data is only stored there. This data will not be shared with third parties. “Automatically Anonymise Visitor IPs” should be activated absent consent of the user: The software is configured so that IP addresses are not completely stored, but rather 2 bytes: are masked (e.g.: 192.168.xxx.xxx). As a result, it is no longer possible to associate the shortened IP address with the user’s computer.

2. Legal basis for processing personal data

The legal basis for data processing in this context is Art. 6(1)(f) GDPR.

3. Purpose of data processing

The processing of users’ personal data enables us to analyse their surfing behaviour. We are able to compile information about the use of the individual components of our website by evaluating the data obtained. This helps us to continuously improve our website and its utility. These purposes also encompass our legitimate interest in processing personal data in accordance with Art. 6(1)(f) GDPR. By anonymising the IP address, the interest of users in their personal data is sufficiently taken into account.

4. Retention period

The data will be erased as soon as it is no longer needed for our archiving purposes. In our case, this is after ………..

5. Options for objection and erasure

Cookies are stored on the user’s computer and transmitted by the computer to our website. Therefore, as a user you have full control of the use of cookies. You can deactivate or restrict the transmission of cookies by changing the settings on your web browser. Cookies that have already been saved can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, you may no longer be able to use all functions of our website to their full extent. If an opt-out option is offered: We offer our users of our website the ability to opt out of the analysis process by following the corresponding link. This will place an additional cookie on your system. This indicates to the system that the user’s data should no longer be retained. If the user deletes the corresponding cookie from their own system, they must re-set the opt-out again at a later time. For more information about the privacy settings for the Matomo software, see https://matomo.org/docs/privacy/

Use of the YouTube plug-in

1. Scope of personal data processing

On our website we use the YouTube plug-in, operated by Google and owned bv YouTube LLC, 901 Cherry Ave., San Bruno, CA 94066, UNITED STATES. When you visit our website, your browser connects to the YouTube servers. Information about your visit to our website is sent to YouTube. We have no control over the content of the plug-in. If you are logged into your YouTube account, YouTube may associate your visit to the website with your account. By interacting with this plug-in, the respective information is transmitted and stored directly on YouTube. If you do not wish this data to be transmitted, you must log out of your YouTube account before visiting our website.

2. Legal basis for processing personal data

The legal basis for data processing in this context is Art. 6(1)(f) GDPR.

3. Purpose of data processing

The purpose of the YouTube plug-in is to increase the user-friendliness of our website.

4. Retention period

We have no information on the length of the retention period.

5. Options for objection and erasure

For more information about the purpose and scope of YouTube’s data collection, please see below https://www.google.com/intl/en/policies/privacy/ This Privacy Policy was prepared with the aid of DataGuard.

Disclaimer – Additional legal notices

1. Limitation of liability

The contents of this website have been created with the greatest possible care. However, the provider accepts no liability for the correctness, completeness and timeliness of the contents provided. Use of contents on the website is at the user’s own risk. Contributions marked by name reflect the opinion of the respective author and not always the opinion of the provider. The mere use of the provider’s website does not establish any contractual relationship between the user and the provider.

2. External links

This website contains links to third-party websites (external links). These websites are the responsibility of their respective operators. The provider checked external content for any legal infringements at the time the link was created initially. At that time, no legal violations were apparent. The provider has no influence whatsoever on the current and future design and content of the linked pages. Creating external links does not mean that the provider takes responsibility for contents available by following the link or reference. The provider cannot reasonably be expected to constantly monitor these external links without specific evidence of legal infringements. However, if we become aware of any legal infringements, such external links will be removed immediately.

3. Copyright and ancillary copyrights

The contents published on this website are subject to German copyright and ancillary copyright law. Any use not permitted by German copyright and ancillary copyright law requires the prior written consent of the provider or the respective rights holder. This applies in particular to duplication, editing, translation, storage, processing or reproduction of contents in databases or other electronic media and systems. Contents and rights of third parties are marked as such. The unauthorised duplication or dissemination of specific content or complete pages is not permitted and liable to prosecution. Only the creation of copies and downloads for personal, private and non-commercial use is permitted. The representation of this website in third-party frames is only permitted with written permission.