Your details will remain confidential.
This document provides an overview of what data are collected by Westeria®GmbH and for what purpose, and what security measures are taken.
Thank you for your interest in our company. The management of Westeria® GmbH take data protection very seriously. In general, you may use the website of Westeria® GmbH without providing any personal data whatsoever. However, if a data subject wishes to take advantage of special services of our company via our website, it may be necessary to process personal data for this purpose. If it is necessary to process personal data and if there is no legal basis for such processing, we will generally obtain the consent of the data subject.
Westeria® GmbH as the data controller has implemented numerous technical and organisational measures to ensure that the protection of personal data processed via this website is as complete as possible. However, there is always a possibility of security loopholes in transferring data via the internet, so that absolute protection cannot be guaranteed. For this reason, any data subject is free to transfer personal data to us by alternative means, for example by telephone.
- (a) Personal data
Personal data means any information relating to an identified or identifiable natural person (hereinafter ‘data subject’). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
- (b) Data subject
A data subject is any identified or identifiable natural person whose personal data are processed by the data controller
- (c) Processing
Processing means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
- (d) Restriction of processing
Restriction of processing means the marking of stored personal data with the aim of limiting their processing in the future.
- (e) Profiling
Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
- (f) Pseudonymisation
Pseudonymisation means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
- (g) Controller or data controller
Controller or data controller means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
- (h) Processor
Processor means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
- (I) Recipient
Recipient means a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients.
- (j)Third party
Third party means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
- (k) Consent
Consent of the data subject means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
- (a) Personal data
Name and address of the data controller
The controller within the meaning of the General Data Protection Regulation, other data protection laws applicable in the member states of the European Union and any other statutory data protection provisions is:
Tel.: +49 2532/88-0
Person responsible for data protection: Dirk Stutenbäumer
The data subject can prevent the placing of cookies by our website at any time by appropriately configuring the settings of the web browser used and thus permanently object to the placing of cookies. Furthermore, cookies which have already been placed can be erased at any time via a web browser or other software programmes. This is possible with all standard web browsers. If the data subject disables the placing of cookies in the web browser used, it may not be possible for them to use all the features of our website to their full extent.
Collection of general data and information
The website of Westeria® GmbH collects a range of general data and information every time the website is accessed by a data subject or an automated system. Such general data and information are stored in the log files of the server. We may record (1) the browser types and versions used, (2) the operating system used by the system accessing the website, (3) the website from which a system has accessed our website (so-called referrers), (4) the sub-pages accessed on our website by the system, (5) the date and time of access to the website, (6) an Internet Protocol address (IP address), (7) the internet service provider of the system accessing our website, and (8 other similar data and information which may be used to avert or defend against danger in the case of attacks on our information technology systems.
When using these general data and this information, Westeria® GmbH does not draw any conclusions as to the identity of the data subject. Rather, this information is required (1) to correctly display the contents of our website, (2) to optimise the contents of and any advertising relating to the website, (3) to guarantee the continued functionality of our ITsystems and website technology, and (4) to provide law enforcement authorities with the information necessary for prosecution in case of a cyberattack. Thus, these data and this information collected anonymously are evaluated by Westeria® GmbH both for statistical purposes and with a view to improving data protection and data security in our company so as to ensure an optimal level of protection for the personal data processed by us. Anonymous data from server log files are kept separately from all personal data provided by a data subject.
Routine erasure and blocking of personal data
The data controller will process and retain personal data of the data subject only for the period necessary to achieve the purpose for which data are retained or to the extent provided for by European or any other legislators in laws or regulations to which the data controller is subject. When the purpose for which data are retained ceases to apply or on expiry of a retention period prescribed by European legislators, the personal data will be blocked or erased as a matter of routine and in accordance with statutory provisions.
Rights of data subjects
(a) (Right to confirmation
Any data subject has the right granted by European legislators to obtain confirmation from the data controller as to whether or not personal data concerning him or her are being processed. Any data subject wishing to make use of this right to confirmation may, to that end, contact an employee of the data controller at any time.
(b) Right of access
Any data subject affected by the processing of personal data has the right granted by European legislators to obtain from the data controller access to the personal data retained about him or her, free of charge, and to receive a copy of such information at any time. Furthermore, European legislators have granted the data subject the right to obtain access to the following information:
- the purposes of processing;
- the categories of personal data concerned;
- the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
- where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
- the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;
- the right to lodge a complaint with a supervisory authority;
- where the personal data are not collected from the data subject: any available information as to their source;
- the existence of automated decision-making, including profiling, referred to in Art. 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
Furthermore, the data subject has a right to be provided with information as to whether any personal data have been transmitted to a third country or to an international organisation. Where this is the case, the data subject also has the right to be informed of the appropriate safeguards relating to the transfer. Any data subject wishing to make use of this right of access may, to that end, contact an employee of the data controller at any time.
(c) Right to rectification
Any data subject affected by the processing of personal data has the right granted by European legislators to obtain without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject also has the right to have incomplete personal data completed, including by means of providing a supplementary statement. Any data subject wishing to make use of this right to rectification may, to that end, contact an employee of the data controller at any time.
(d) Right to erasure (right to be forgotten)
Any data subject affected by the processing of personal data has the right granted by European legislators to obtain from the controller the erasure of personal data concerning him or her without undue delay where one of the following grounds applies and to the extent that such processing is not necessary:
- The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
- The data subject withdraws consent on which the processing is based according to point (a) of Art. 6(1) of the GDPR, or point (a) of Art. 9(2) of the GDPR, and where there is no other legal ground for the processing.
- The data subject objects to the processing pursuant to Art. 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Art. 21(2) of the GDPR.
- The personal data have been unlawfully processed.
- The personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
- The personal data have been collected in relation to the offer of information society services as defined in Art. 8(1) of the GDPR.
Where one of the aforementioned grounds applies and a data subject wishes to arrange the erasure of personal data stored by Westeria® GmbH, the data subject may, to that end, contact an employee of the data controller at any time. The employee of Westeria® GmbH will arrange for the erasure request to be complied with without undue delay. Where Westeria® GmbH has made the personal data public and where our company, as a data controller, is obliged to erase the personal data pursuant to Art. 17(1) of the GDPR, Westeria® GmbH, taking account of available technology and the cost of implementation, will take reasonable steps, including technical measures, to inform other data controllers which are processing the personal data that the data subject has requested the erasure by such other data controllers of any links to, or copy or replication of, those personal data, to the extent that such processing is not necessary. The employee of Westeria® GmbH will see that the necessary steps are taken on a case-by-case basis.
(e) Right to Restriction of Processing
Any data subject affected by the processing of personal data has the right granted by European legislators to obtain from the controller restriction of processing where one of the following applies:
- The processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of its use instead.
- The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
- The data subject has objected to processing pursuant to Art. 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data. Where one of the aforementioned conditions applies and a data subject wishes to request restriction of the processing of personal data retained by Westeria® GmbH, the data subject may, to that end, contact an employee of the data controller at any time. The employee of Westeria® GmbH will arrange for the restriction of processing.
(f) Right to data portability
Any data subject affected by the processing of personal data has the right granted by European legislators to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format. Moreover, the data subject also has the right to transmit those data to another controller without hindrance from the controller to which the personal data has been provided, where the processing is based on consent pursuant to point (a) of Art. 6(1) of the GDPR or point (a) of Art. 9(2) of the GDPR or on a contract pursuant to point (b) of Art. 6(1) of the GDPR and the processing is carried out by automated means, unless processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller. Furthermore, when exercising his or her right to data portability according to Art. 20(1) of the GDPR, the data subject has the right to have the personal data transmitted directly from one controller to another, where technically feasible and where this does not adversely affect the rights and freedoms of others. To exercise the right to data portability, the data subject may contact an employee of Westeria® GmbH at any time.
(g) Right to object
Any data subject affected by the processing of personal data has the right granted by European legislators to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on point (e) or (f) of Art. 6(1) of the GDPR. This includes profiling based on those provisions. If an objection is made, Westeria® GmbH will no longer process the personal data unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims. Where personal data are processed by Westeria® GmbH for direct marketing purposes, the data subject has the right to object at any time to the processing of personal data concerning him or her for such marketing. This includes profiling to the extent that it is connected with such direct marketing. Where the data subject objects to processing for direct marketing purposes vis-à-vis Westeria® GmbH, the personal data will no longer be processed by Westeria® GmbH for such purposes. Moreover, where personal data are processed at Westeria® GmbH for scientific or historical research purposes or statistical purposes pursuant to Art. 89(1) of the GDPR, the data subject, on grounds relating to his or her particular situation, has the right to object to processing of personal data concerning him or her, unless the processing is necessary for the performance of a task carried out for reasons of public interest. To exercise the right to object, the data subject may directly contact any employee of Westeria® GmbH or another employee. In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, the data subject may further exercise his or her right to object by automated means using technical specifications.
(h) Automated individual decision-making, including profiling
Any data subject affected by the processing of personal data has the right granted by European legislators not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her, unless the decision (1) is necessary for entering into, or performance of, a contract between the data subject and the data controller; or (2) is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests; or (3) is based on the data subject’s explicit consent. If the decision (1) is necessary for entering into, or performance of, a contract between the data subject and the controller, or (2) is based on the data subject’s explicit consent, Westeria® GmbH will implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision. Any data subject wishing to assert his or her rights in relation to automated decision-making may, to that end, contact an employee of the data controller at any time.
(I) Right to withdraw consent given under data protection law
Any data subject affected by the processing of personal data has the right granted by European legislators to withdraw his or her consent to the processing of personal data at any time. Any data subject wishing to assert his or her right to withdraw consent may, to that end, contact an employee of the data controller at any time.
- (a) (Right to confirmation
Legal basis of processing
The legal basis for our company’s processing operations for which we obtain consent for a specific purpose of processing is point (a) of Art. 6(1) of the GDPR. Where the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, in processing operations necessary for the delivery of goods or the provision of some other service or quid pro quo, the processing is based on point (b) of Art. 6(1) of the GDPR. The same applies to any processing operations that are necessary in order to take steps prior to entering into a contract, as may be the case when dealing with inquiries regarding our products or services. Where our company is subject to a legal obligation by which the processing of personal data becomes necessary, for example to meet tax obligations, the processing is based on point (c) of Art. 6(1) of the GDPR. In rare cases, the processing of personal data could become necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were to be injured on our business premises and as a result his or her name, age, health insurance data or other vital information would need to be transferred to a doctor, hospital or other third parties. In such cases the processing would be based on point (d) of Art. 6(1) of the GDPR. Finally, processing operations could be based on point (f) of Art. 6(1) of the GDPR. This legal basis applies to processing operations that are not covered by any of the aforementioned legal bases, where processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject. We are specifically allowed to carry out such processing operations, particular provision for them having been made by European legislators. In this context, legislators took the view that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47, sentence 2 of the GDPR).
Legitimate interests pursued by the controller or by a third party necessitating the processing of personal data
Where the processing of personal data is based on point (f) of Art. 6(1) of the GDPR, our legitimate interest is the conduct of our business activities for the benefit of the well-being of all our employees and our shareholders.
Retention period for personal data
The period for which personal data are stored is determined by the legal retention period applicable in each case. Upon expiry of that period, the corresponding data will be erased as a matter of routine, unless they are still required for the performance or initiation of a contract.
Statutory or contractual requirements for the provision of personal data; requirements for entering into a contract; obligation of the data subject to provide personal data; possible consequences of failure to provide personal data.
Please note that the provision of personal data may, to some extent, be a statutory requirement (e.g. tax regulations) or may arise from contractual regulations (e.g. details of parties to a contract). To enter into a contract it may sometimes be necessary for a data subject to provide us with personal data which must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data if our company enters into a contract with him or her. Failure to provide the personal data would have the consequence that no contract could be entered into with the data subject. Before providing any personal data, the data subject must contact one of our employees. Our employee will inform the data subject on a case-by-case basis whether the provision of personal data is a statutory or contractual requirement or necessary for entering into the contract, whether there is any obligation to provide the personal data, and what the consequences of a failure to provide such personal data would be.
Existence of automated decision-making
As a responsible enterprise, we refrain from automated decision-making or profiling
Other links to external providers
You can contact our data protection officer at:
Responsible person for data protection Dirk Stutenbäumer
Raiffeisenstr. 2, D-48346 Ostbevern, Tel.: +49 2532/88-0