Privacy policy

Data protection is of a high priority for the management of elderbrook solutions GmbH. It is generally possible to use the elderbrook solutions GmbH website without providing any personal data. However, if a person concerned wishes to make use of special services of our company via our website, it may be necessary to process personal data. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the data subject.

The processing of personal data (e.g. name, address or telephone number) of a data subject is always carried out in accordance with the General Data Protection Regulation and in accordance with the country-specific data protection regulations applicable to elderbrook solutions GmbH. By means of this data protection declaration, our company would like to inform the public about the type, scope and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed of their rights by means of this privacy policy.

As the controller, elderbrook solutions GmbH has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. Nevertheless, Internet-based data transmissions can generally have security gaps, so absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us by alternative means.

The data protection declaration of the elderbrook solutions GmbH is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR).

Name and address of the 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 other provisions of a data protection nature is:

elderbrook solutions GmbH

Borsigstr. 4

74321 Bietigheim-Bissingen

Phone: +49 – 7142 339-2919

Website: www.elderbrook.de

Name and address of the data protection officer

The data protection officer of the controller can be contacted at:

Data Protection

elderbrook solutions GmbH

Borsigstr. 4

74321 Bietigheim-Bissingen

Germany

Phone: +49 7142 339-2919

E-Mail: datenschutz@elderbrook.de

Website: www.elderbrook.de

Any data subject can contact our data protection officer directly at any time with any questions or suggestions regarding data protection.

Collection of general data

The website of elderbrook solutions GmbH collects a series of general data and information each time the website is accessed by a data subject or an automated system. This general data and information are stored in the server log files. The (1) browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system accesses our website (so-called referrer), (4) the sub-websites which are accessed via an accessing system on our website can be recorded, (5) the date and time of access to the website, (6) an internet protocol address (IP address), (7) the internet service provider of the accessing system and (8) other similar data and information used for security purposes in the event of attacks on our information technology systems.

When using these general data and information, the elderbrook solutions GmbH does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, the elderbrook solutions GmbH analyses anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.

Contact via the website

The website of elderbrook solutions GmbH contains information that enables a quick electronic contact to our enterprise, as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the controller by email or via a contact form, the personal data transmitted by the data subject is automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the controller are stored for the purposes of processing or contacting the data subject.

We have concluded an order processing contract with the provider, which ensures the protection of the data of our site visitors and prohibits unauthorized disclosure to third parties.

For the transfer of data to the USA, the provider refers to standard contractual clauses of the European Commission, which are intended to ensure compliance with the European level of data protection.

Deletion and blocking of personal data

The controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to.

If the purpose of storage ceases to apply or if a storage period prescribed by the competent legislator expires, the personal data will be routinely blocked or erased in accordance with the statutory provisions.

Right to confirmation

If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact any employee of the elderbrook solutions GmbH.

Right to information

Any person affected by the processing of personal data has the right, granted by the European Directive and Regulation, to obtain information free of charge at any time from the controller about the personal data stored about him/her and a copy of this information. Furthermore, the European legislator has granted the data subject access to the following information:

– Purposes of processing

– Categories of personal data that are processed

– Recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations

– 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

– Information about the origin of the data

– the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) 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 information as to whether personal data has been transferred to a third country or to an international organization. If this is the case, the data subject also has the right to obtain information about the appropriate safeguards in connection with the transfer.

If a data subject wishes to avail himself of this right of access, he or she may, at any time, contact any employee of the elderbrook solutions GmbH.

Any person affected by the processing of personal data has the right to demand the immediate correction of incorrect personal data concerning them. Furthermore, the data subject has the right to request the completion of incomplete personal data, including by means of a supplementary declaration, taking into account the purposes of the processing.

If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact elderbrook solutions GmbH.

Right to erasure

Any person affected by the processing of personal data has the right 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 insofar as the processing is not necessary:

– The personal data have been collected or otherwise processed for such purposes for which they are no longer necessary.

– The data subject withdraws consent.

– The data subject objects to the processing and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing.

– The personal data have been processed unlawfully.

– The personal data must 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 pursuant to Art. 8 (1) GDPR.

If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by elderbrook solutions GmbH, he or she may, at any time, contact any employee of the controller. The latter will forward the request for erasure to the controller at elderbrook solutions GmbH.

If the personal data has been made public by elderbrook solutions GmbH and our company is obliged to delete the personal data in accordance with Art. 17 para. 1 GDPR, elderbrook solutions GmbH shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform other data controllers who process the published personal data, that the data subject has requested the deletion of all links to this personal data or of copies or replications of this personal data from these other data controllers, insofar as the processing is not necessary. An employee of the elderbrook solutions GmbH will arrange the necessary measures in individual cases.

Right to restriction of processing

Any person affected by the processing of personal data has the right granted by the European legislator of directives and regulations to require the controller to restrict the processing if one of the following conditions is met:

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.

The processing is unlawful, and the data subject opposes the erasure of the personal data and requests the restriction of their 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 Article 21(1) GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.

If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by the elderbrook solutions GmbH, he or she may at any time contact any employee of the controller. The employee of elderbrook solutions GmbH will arrange for the processing to be restricted.

Right to data portability

Any person affected by the processing of personal data has the right, granted by the European legislator, 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. He or she also has the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR or on a contract pursuant to point (b) of Article 6(1) of the GDPR and the processing is carried out by automated means, unless the 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, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.

In order to assert the right to data portability, the data subject may at any time contact any employee of the elderbrook solutions GmbH.

Right to object

Any person affected by the processing of personal data has the right granted by the European legislator of directives and regulations to object at any time, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her which is carried out on the basis of Article 6(1). This also applies to profiling based on these provisions.

The elderbrook solutions GmbH shall no longer process the personal data in the event of the objection, 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.

If the data subject objects to the elderbrook solutions GmbH to the processing for direct marketing purposes, the elderbrook solutions GmbH will no longer process the personal data for these purposes.

In order to exercise the right to object, the data subject may contact any employee of the elderbrook solutions GmbH.

Automated decisions

Each data subject shall have the right granted by the European legislator 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 is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or is authorized 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 is based on the data subject’s explicit consent.

If the decision is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or it is based on the data subject’s explicit consent, elderbrook solutions GmbH shall implement suitable measures to safeguard the data subject’s rights, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.

If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may, at any time, contact elderbrook solutions GmbH.

Right to withdraw consent

Any person affected by the processing of personal data has the right granted by the European legislator of directives and regulations to revoke consent to the processing of personal data at any time.

If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact elderbrook solutions GmbH.

Legal basis of the processing

Art. 6 I lit. a GDPR is the legal basis for processing operations for which we obtain consent for a specific processing purpose. If 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, with processing operations necessary for the supply of goods or the provision of any other service or consideration, the processing is based on Art. 6 I lit. b GDPR. The same applies to such processing operations that are necessary to carry out pre-contractual measures, for example in cases of inquiries about our products or services. If our company is subject to a legal obligation which requires the processing of personal data, such as for the fulfillment of tax obligations, the processing is based on Art. 6 I lit. c GDPR. Then the processing would be based on Art. 6 I lit. d GDPR. Finally, processing operations could be based on Art. 6 I lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if 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 which require protection of personal data. We are permitted to carry out such processing operations in particular because they have been specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47 Sentence 2 GDPR).

Legitimate interests in the processing pursued by the controller or a third party

Where the processing of personal data is based on Article 6 I lit. f GDPR, our legitimate interest is to carry out our business in favour of the well-being of all our employees and our shareholders.

Duration of storage of personal data

The criterion for the duration of the storage of personal data is the respective statutory retention period. After this period has expired, the corresponding data is routinely deleted, provided it is no longer required for the fulfillment or initiation of a contract.

Legal or contractual provisions for the provision of personal data

We would like to inform you that the provision of personal data is partly required by law (e.g. tax regulations) or may also result from contractual regulations (e.g. information on the contractual partner). Sometimes it may be necessary for a contract to be concluded for a data subject to provide us with personal data that must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with them. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, 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 the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and what the consequences would be if the personal data were not provided.

Existence of automated decision-making

As a responsible company, we do not use automated decision-making or profiling.

Information according to the VSBG §36

There is no obligation and no willingness to participate in a dispute resolution procedure before a consumer arbitration board.