We are very pleased about your interest in our company. The management of Gasper
GmbH attaches great importance to data protection. A use of the internet pages of Gasper GmbH is basically possible without any indication of personal data. However, if a person concerned wishes to make use of special services of our company via our website, it may become necessary to process personal data. If it is necessary to process personal data and there is no legal basis for such processing, we generally obtain the consent of the person concerned.
As the data controller, Gasper GmbH has implemented numerous technical and organizational measures to ensure the complete protection of personal data processed via this website. Nevertheless, Internet-based data transmissions can generally have security gaps, so that absolute protection cannot be guaranteed. For this reason, every person concerned is free to transmit personal data to us by alternative means, such as by telephone.
The data protection declaration of Gasper GmbH is based on the terminology used by the European legislator for directives and regulations when the basic data protection regulation (DS-GVO) was issued. Our data protection declaration should be easy to read and understand both for the public and for our customers and
business partners. To ensure this, we would like to explain the terms used in advance.
(a) personal data
Personal data means any information relating to an identified or identifiable natural
person (hereinafter referred to as '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 one or
more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
(b) the person concerned
Data subject means any identified or identifiable natural person whose personal data
are processed by the controller.
Processing is any operation or set of operations, performed upon personal data,
whether or not by automatic means, such as collection, recording, organisation, organisation, filing, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
(d) Restriction on processing
Restriction of processing is the marking of stored personal data with the aim of
limiting their future processing.
Profiling is any automated processing of personal data consisting of the use of such
personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, conduct, location or change of location.
Pseudonymisation is the processing of personal data in such a way that the personal
data can no longer be attributed to a specific data subject without additional information, provided that this additional information is kept separately and is
subject to technical and organisational measures which ensure that the personal data is not attributed to an identified or identifiable natural person.
(g) Controller or data controller
Controller or data controller shall mean the natural or legal person, public authority,
agency or any 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 law or by the law of the Member States, provision may be made for the controller or for the specific criteria for his or her designation in accordance with Union law or the law of the Member States.
Processor is a natural or legal person, public authority, agency or other body which
processes personal data on behalf of the controller.
The recipient is a natural or legal person, public authority, agency or other body to
whom personal data are disclosed, whether or not it is a third party. However, authorities which may receive personal data in the course of a specific investigation, in accordance with Union or national law, shall not be considered as recipients.
j) Third party
Third party means any natural or legal person, public authority, agency or body other
than the data subject, the controller, the processor and the persons who, under the direct authority of the controller or the processor, are authorized to process the personal data.
Consent shall mean any freely given specific and informed expression of the data
subject's will in an informed and unequivocal manner, in the form of a declaration or other unequivocal affirmative act by which the data subject signifies his or her consent to the processing of personal data relating to him or her.
2. the name and address of the controller
The person responsible within the meaning of the basic 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 the:
Gasper GmbH Am Grott 4
Phone: +49 (0) 2203 / 9 666 9 - 0
3. the name and address of the Data Protection Officer
The Data Protection Officer of the controller is
Am Grott 4
Phone: +49 (0) 2203 / 9 666 9 - 0 e-mail: firstname.lastname@example.org Website: shop.gasper.de
Every person concerned can contact our data protection officer directly at any time with all questions and suggestions concerning data protection.
The person concerned can prevent the setting of cookies by our website at any time
by means of a corresponding setting in the Internet browser used and thus permanently object to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via an Internet browser or other software programs. This is possible in all common Internet browsers. If the person concerned deactivates the setting of cookies in the Internet browser used, it is possible that not all functions of our website can be used to their full extent.
5. collection of general data and information
The website of Gasper GmbH collects a number of general data and information with
every call of the website by a person concerned or an automated system. These general data and information are stored in the log files of the server. The following can be recorded: (1) the 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 that are accessed via an accessing system on our website, (5) the date and time of an access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system and (8) other similar data and information which serve to prevent danger in the event of attacks on our information technology systems.
When using these general data and information Gasper GmbH does not draw any
conclusions about the person concerned. This information is rather required to (1) deliver the contents of our website correctly, (2) optimize the contents of our website as well as the advertising for it, (3) ensure the permanent functionality of our information technology systems and the technology of our website, as well as (4) to provide law enforcement agencies with the information necessary for prosecution in case of a cyber attack. These anonymously collected data and information are therefore evaluated by Gasper GmbH on the one hand statistically and also with the aim of increasing data protection and data security in our company, in order to ultimately ensure an optimum level of protection for the personal data processed by us. The anonymous data of the server log files are stored separately from all personal data provided by an affected person.
6. registration on our website
The data subject shall have the possibility to register on the Internet site of the
controller by providing personal data. The personal data transmitted to the data controller is specified in the respective input mask used for registration. The personal data entered by the data subject are collected and stored solely for internal use by the data controller and for his own purposes. The data controller may arrange for the transfer to one or more processors, such as a parcel service provider, who shall also use the personal data exclusively for internal use attributable to the controller.
By registering on the Internet site of the data controller, the IP address assigned to
the data subject by the Internet service provider (ISP), the date and time of registration are also stored. This data is stored with the aim of preventing the misuse of our services and, if necessary, to enable the investigation of criminal offences. To this extent, the storage of this data is necessary to protect the person responsible for processing. As a matter of principle, this data will not be passed on to third parties, unless there is a legal obligation to do so or the passing on of the data serves criminal prosecution.
The registration of the data subject, with the voluntary provision of personal data,
enables the controller to offer the data subject content or services which, by their very nature, can only be provided to registered users. Registered persons are free to modify the personal data provided during registration at any time or to have them completely deleted from the data stock of the data controller.
The controller shall provide any data subject with information on what personal data
relating to the data subject are stored at any time on request. Furthermore, the data controller shall correct or delete personal data at the request or notification of the data subject, unless otherwise required by law. The entire staff of the data controller is available to the data subject as contact persons in this context.
7. routine deletion and blocking of personal data
The controller shall process and store personal data relating to the data subject only
for the time necessary to achieve the purpose of storage or where provided for by
the European Directive and Regulation or by any other law or regulation to which the controller is subject.
If the purpose of storage ceases to apply or if a storage period prescribed by the
European Directive and Regulation Giver or any other competent legislator expires, the personal data will be blocked or deleted as a matter of routine and in accordance with the statutory provisions.
8. rights of the data subject
(a) Right to confirmation
Every data subject has the right, granted by the European Directives and Regulations,
to obtain confirmation from the controller as to whether personal data relating to him are being processed. If a data subject wishes to exercise this right of confirmation, he or she may at any time contact an employee of the controller.
(b) Right to information
Any person affected by the processing of personal data has the right, granted by the
European Directives and Regulations, to obtain at any time and free of charge from the controller information on the personal data stored in relation to him or her and a copy thereof. Furthermore, the European Directive and Regulation Giver has granted the data subject access to the following information:
o the processing purposes
o the categories of personal data processed
o the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular to recipients in third countries or to international organisations
o if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration
o the existence of a right of rectification or erasure of personal data relating to them or of a right of objection to their processing by the controller
o the existence of a right of appeal to a supervisory authority
o if the personal data are not collected from the data subject: All available information on the origin of the data
o the existence of automated decision-making, including profiling, in accordance with Article 22(1) and (4) of the DPA and, at least in these cases, meaningful information about the logic involved and the scope and intended impact of such processing on the data subject
The data subject shall also have the right to obtain information as to whether
personal data have been transferred to a third country or to an international organisation. If this is the case, the data subject shall also have the right to obtain information on the appropriate safeguards in relation to the transfer.
If a data subject wishes to exercise this right of access, he or she may at any time contact an employee of the controller.
(c) Right of rectification
Every person concerned by the processing of personal data has the right, granted by the European legislator, to request the rectification without delay of inaccurate personal data concerning him. Furthermore, the data subject shall have the right to request the completion of incomplete personal data, including by means of a supplementary declaration, having regard to the purposes of the processing.
If a data subject wishes to exercise this right of rectification, he or she may at any time contact a member of staff of the controller.
(d) Right of cancellation (right to be forgotten)
Any person affected by the processing of personal data has the right, granted by the
European Directives and Regulations, to obtain from the controller the immediate erasure of personal data relating to him/her, where one of the following reasons applies and provided that the processing is not necessary:
o The personal data has been collected or otherwise processed for purposes for which
it is no longer necessary.
o The data subject withdraws the consent on which the processing was based pursuant to Article 6(1)(a) of the DPA or Article 9(2)(a) of the DPA and there is no other legal basis for the processing.
o The data subject lodges an objection to the processing pursuant to Article 21(1) of the Block Exemption Regulation and there are no overriding legitimate reasons for processing, or the data subject lodges an objection to the processing pursuant to Article 21(2) of the Block Exemption Regulation.
o The personal data were processed unlawfully.
o The deletion of personal data is necessary to comply with a legal obligation under
Union law or the law of the Member States to which the controller is subject.
o The personal data were collected in relation to information society services offered in accordance with Article 8 (1) of the DS-GVO.
If one of the above reasons applies and a data subject wishes to have personal data
stored by Gasper GmbH deleted, he/she may contact an employee of the data controller at any time. The employee of Gasper GmbH will ensure that the request for deletion is complied with immediately.
If the personal data have been made public by Gasper GmbH and our company as the responsible person is obliged to delete the personal data according to Art. 17 para. 1 DS-GVO, Gasper GmbH will take reasonable measures, also of a technical nature, taking into account the available technology and the implementation costs, to inform other persons responsible for data processing who process the published personal data that the data subject has requested that these other persons responsible for data processing delete all links to these personal data or copies or
replications of these personal data, unless the processing is necessary. The employee of Gasper GmbH will make the necessary arrangements in individual cases.
(e) Right to limit processing
Any person affected by the processing of personal data has the right, granted by the
European Directives and Regulations, to request the controller to restrict the processing if one of the following conditions is met:
o The accuracy of the personal data is contested by the data subject, for a period of
time that allows the controller to verify the accuracy of the personal data.
o The processing is unlawful, the data subject refuses to have the personal data deleted and instead requests that the use of the personal data be restricted.
o The controller no longer needs the personal data for the purposes of the processing, but the data subject needs them in order to exercise or defend his rights.
o The data subject has lodged an objection to the processing pursuant to Art. 21 (1) DPA and it is not yet clear whether the legitimate reasons of the controller outweigh those of the data subject.
If one of the above-mentioned conditions is met and a data subject wishes to request
the restriction of personal data stored by Gasper GmbH, he/she may contact an employee of the data controller at any time. The employee of Gasper GmbH will arrange for the restriction of the processing.
(f) Right to data portability
Every person concerned by the processing of personal data has the right, granted by
the European Directives and Regulations, to receive the personal data concerning him/her which have been provided by the data subject to a controller in a structured, common and machine-readable format. He/she also has the right to have this data communicated to another controller without hindrance by the controller to whom the personal data has been made available, provided that the processing is based on the consent pursuant to Art. 6(1)(a) DPA or Art. 9(2)(a) DPA or on a contract pursuant to Art. 6(1)(b) DPA and that the processing is carried out by means of automated procedures, 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
Furthermore, when exercising their right to data transferability in accordance with Art.
20 Paragraph 1 of the DPA, the data subject has the right to obtain that personal data be transferred directly from one person responsible to another, insofar as this is technically feasible and provided that this does not affect the rights and freedoms of other persons.
In order to assert the right to data transferability, the person concerned can contact an employee of Gasper GmbH at any time.
(g) Right of appeal
Every person concerned by the processing of personal data has the right, granted by
the European legislator for directives and regulations, to object at any time, for reasons arising from his or her particular situation, to the processing of personal data concerning him or her that is carried out on the basis of Article 6(1)(e) or (f) of the DPA. This also applies to profiling based on these provisions.
In the event of an objection, Gasper GmbH will no longer process the personal data unless we can prove compelling reasons for processing which are worthy of protection and which outweigh the interests, rights and freedoms of the person concerned, or unless the processing serves to assert, exercise or defend legal claims.
Where Gasper GmbH processes personal data for the purpose of direct marketing, the data subject shall have the right to object, at any time, to the processing of personal data for the purpose of such marketing. This shall also apply to profiling, insofar as it is connected with such direct marketing. If the data subject objects vis-à- vis Gasper GmbH to the processing for the purposes of direct marketing, Gasper GmbH shall no longer process the personal data for these purposes.
Furthermore, the data subject shall have the right to object, on legitimate grounds relating to his or her particular situation, to the processing of personal data concerning him or her carried out at Gasper GmbH for purposes of scientific or historical research or for statistical purposes in accordance with Article 89 (1) of the DPA, except where such processing is necessary for the performance of a task carried out in the public interest.
In order to exercise the right of objection, the person concerned may contact directly any employee of Gasper GmbH or any other employee. The data subject shall also be free to exercise his right of objection in connection with the use of information
society services, notwithstanding Directive 2002/58/EC, by means of automated procedures involving technical specifications.
(h) Automated case-by-case decisions including profiling
Every person concerned by the processing of personal data has the right, as granted
by the European Directives and Regulations, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or significantly affects him or her in a similar way, provided that the decision (1) is not necessary for the conclusion or performance of a contract between the data subject and the controller, or (2) is authorised by Union or national legislation to which the controller is subject and that such legislation provides for
adequate safeguards of the rights and freedoms and legitimate interests of the data subject, or (3) is taken with the explicit consent of the data subject.
If the decision is (1) necessary for the conclusion or performance of a contract
between the data subject and the controller or (2) with the express consent of the data subject, Gasper GmbH shall take reasonable measures to safeguard the rights and freedoms as well as the legitimate interests of the data subject, which shall include at least the right to obtain the intervention of a person from the controller, to express his point of view and to challenge the decision.
If the data subject wishes to exercise rights relating to automated decisions, he or she
may at any time contact a member of staff of the controller.
i) Right to revoke a data protection consent
Every person affected by the processing of personal data has the right, granted by
the European Directive and Regulation Giver, to revoke his or her consent to the processing of personal data at any time.
If the data subject wishes to exercise his or her right to withdraw consent, he or she may at any time contact an employee of thecontroller.
9. legal basis of the processing
Art. 6 I lit. a DS-GVO serves our company as a 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 a party, as is the case, for example, with processing operations necessary for the supply of goods or the provision of another service or consideration, the processing is based on Art. 6 I lit. b DS-GVO. The same applies to such processing operations which are necessary for the implementation of pre-contractual measures, for example in cases of enquiries about our products or services. If our company is subject to a legal obligation which makes it necessary to process personal data, for example to fulfil tax obligations, the processing is based on Art. 6 I lit. c DS-GVO. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor to our company was injured and his or her name, age, health insurance details or other vital information had to be disclosed to a doctor, hospital or other third party. The processing would then be based on Art. 6 I lit. d DS-GVO. Finally, processing operations could be based on Art. 6 I lit. f DS-GVO. Processing operations which are not covered by any of the above legal bases are based on this legal basis if the processing is necessary to safeguard a legitimate interest of our company or of a third party, provided that the interests, fundamental rights and freedoms of the data subject do not prevail. 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 DS-GVO).
10. legitimate interests in the processing pursued by the controller or a third party
If the processing of personal data is based on Article 6 I lit. f DS-GVO, our legitimate
interest is to carry out our business activities for the benefit of the well-being of all our employees and our shareholders.
11. the period for which the personal data are stored
The criterion for the duration of storage of personal data is the respective legal
retention period. After expiry of this period, the corresponding data is routinely deleted, provided that it is no longer required for the fulfilment of the contract or the initiation of a contract.
12. legal or contractual provisions making the personal data available; necessity for
the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of not providing the data
We would like to inform you that the provision of personal data is partly required by
law (e.g. tax regulations) or can also result from contractual regulations (e.g. information on the contractual partner). Sometimes it may be necessary for a contract to be concluded that a data subject provides us with personal data, which must subsequently be processed by us. For example, the person concerned is obliged to provide us with personal data if our company concludes a contract with him/her. Failure to provide the personal data would mean that the contract with the person concerned could not be concluded. Before the person concerned makes personal
data available, he or she 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.
13. the existence of automated decision-making
As a responsible company, we avoid automatic decision making or profiling.
This data protection declaration was created by the data protection declaration generator of the DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as
data protection officer
, in cooperation with the
data protection lawyers of the law
firm WILDE BEUGER SOLMECKE | Rechtsanwälte.