Privacy Policy

I. Name and address of the responsible party

The responsible party 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:

Pendix GmbH
Innere Schneeberger Straße 20
08056 Zwickau, Germany

represented by their managing directors Thomas Herzog and Christian Hennig

Entry in the Commercial Register of Chemnitz Local Court
Register number:HRB 28452

II.Name and address of the Data Protection Officer

The Data Protection Officer for the party responsible is:

Mr Markus Heckel
Pendix GmbH
Innere Schneeberger Straße 20
08056 Zwickau, Germany
E-mail: datenschutz@pendix.com

III.General information on data processing

1.Scope of personal data processing

We collect and utilise our users' personal data only insofar as this is necessary for provision of an operational site and of our content and services.Collection and utilisation of our users' personal data is only undertaken periodically with the user's consent.An exception applies in such cases in which the processing of the data is permitted by legal regulations. 

2.Legal basis for the processing of personal data

Insofar as we obtain the consent of the data subject for the processing of personal data, Art. 6 para. 1 lit. a EU Data Protection Ordinance (DSGVO) serves as the legal basis for the processing of personal data.

In the processing of personal data required for the performance of a contract to which the data subject is a party, Art. 6 para. 1 lit. b DSGVO serves as the legal basis.This also applies to processing operations that are necessary for carrying out pre-contractual measures.

Insofar as the processing of personal data is required to fulfil a legal obligation to which our company is subject, Art. 6 para. 1 lit. c DSGVO serves as the legal basis.

If processing is necessary to safeguard a legitimate interest of our company or a third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh the first-mentioned interest, Art. 6 para. 1 lit. f GDPR serves as the legal basis for processing. 

3.Data deletion and storage duration

The personal data of users will be deleted or blocked as soon as the purpose for it being stored ceases to exist.Furthermore, data may be stored if this has been provided for by the European or national legislator in EU regulations, laws or other provisions to which the responsible party is subject.We will block or delete data once the prescribed retention period has expired, unless its continued storage is necessary for entering into or fulfilling a contractual relationship.

IV.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 accessing computer. 

In doing so, the following data is collected:

• the date, time, access status (file found, not found, etc.) and the request that your browser has sent to the server,
• the amount of data transferred and the website from which you accessed the requested page (IP address),
• the individual pages of our website that you call up and
• the product and version information of the browser used (user agent), the preferred language set and the IP address.

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

2.Legal basis for data processing 

The legal basis for the temporary storage of data and log files is Art. 6 para. 1 lit. f GDPR.

3.Purpose of data processing

Temporary storage of IP address by the system is necessary to enable delivery of the website to the user's computer.To this end, the user's IP address must remain stored for the duration of the session. 

The data is stored in log files to ensure the website's functionality.The data is also used to optimise the website and to ensure the security of our information technology systems.No evaluation of the data for marketing purposes is undertaken in this context. 

Our legitimate interest in data processing pursuant to Art. 6 para. 1 lit. f GDPR also lies in these purposes.

4.Duration of storage

Personalised data will be deleted as soon as it is no longer necessary to achieve the purpose for which it was collected.If data has been collected in order to provide this website, it will be deleted once you leave the site.If the data is stored in log files, this is the case after twenty-six months at the latest. 

5.Objection and removal options

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

V. Use of cookies

1.Description and scope of data processing

Our website uses cookies.Cookies are text files that are stored in the Internet browser or by the Internet browser on the user's computer system.If a user visits a website, a cookie may be stored on the user's operating system.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 browser's accessing can be identified even after changing the page.

The following data is stored and transmitted in cookies:

• Languages settings
• Request (file name of the requested file)
• Browser type/version (e.g.:Internet Explorer 6.0)
• Browser language (e.g.:German)
• Used operating system (e.g.:Windows XP)
• Referrer URL (site visited previously)
• Abbreviated IP address for geographical recognition
• Time of access
• Clicks
• Information whether the website user is logged in to the retailer area or not

2.Legal basis for data processing 

The legal basis for the processing of personal data using cookies is Art. 6 para. 1 lit. f GDPR.

3.Purpose of data processing

The purpose of using cookies is to simplify use of websites for users.Some features of our website will not be available without the use of cookies.In this case, it is necessary that the browser be recognised even after changing the page.

We require cookies for the following applications:

• Identification of the user session in the memory of the server;
• Prevention and defence against attacks;
• Improving the user experience on the website via Google Analytics
• Use of the internal dealer area with login/logout function

The user data collected by cookies is not used to create user profiles.

For these purposes, our legitimate interest also lies in the processing of personal data in accordance with Art. 6 para. 1 lit. f GDPR. 

4.Duration of storage, objection and removal option

Cookies are stored on the user's computer and transmitted to our site.Therefore, as a user you have full control of the use of cookies.By changing the settings in your Internet browser, you can disable or restrict the transmission of cookies.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, it may no longer be possible to use all of the website's features.

VI.Newsletter

1.Description and scope of data processing

Interested parties have the possibility to subscribe to a free newsletter.The registration for the newsletter is done via the manually filled out master data sheet. 

No data is disclosed to third parties in connection with data processing for sending newsletters.The data will be used exclusively for sending the newsletter.

Furthermore, analysis data is collected in connection with the newsletter dispatch. 

2.Legal basis for data processing

The legal basis for processing data after the user registers for the newsletter is, if the user's consent to this has been obtained, Art. 6 Para. 1a GDPR.

3.Purpose of data processing

The user's e-mail address is collected in order to deliver the newsletter by e-mail. 

4.Duration of storage

The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected.The user's e-mail address will, therefore, be stored for as long as the subscription to the newsletter is active.  

5.Objection and cancellation options

The subscription to the newsletter can be cancelled by the user at any time.For this purpose, a corresponding link can be found in every newsletter. 

VII.Contact form and e-mail contact

1.Description and scope of data processing

There are contact forms on our website which can be used for electronic contact.If a user makes use of this option, the data entered in the input screen will be transmitted to us and stored.This data includes:

• First name
• Last name
• Country
• Customer group
• E-mail address
• Enquiry text

where only first name, last name, e-mail address and enquiry text are mandatory.

The following data is also stored at the time the message is sent:

• The user's IP address
• Date and time of the contact request

Alternatively, you can contact us via the provided e-mail address.In this case, the user's personal data that is transmitted along with the email will be stored. 

The data will not be disclosed to third parties during the course of this.The data is used exclusively for responding to the inquiry.

2.Legal basis for data processing 

The legal basis for the processing of data is Art. 6 para. 1 lit. a GDPR if the user has given his consent.

The legal basis for processing the data transferred in the course of sending an email is Article 6 paragraph 1 lit. f GDPR.If the e-mail contact aims at the conclusion of a contract, then additional legal basis for the processing is Art. 6 exp. 1 lit. b GDPR.

3.Purpose of data processing

The processing of personal data in the input screen is used by us only for processing the contact.In the event of contact by e-mail, this also constitutes the necessary legitimate interest in processing the data.

The other personal data processed during the sending process helps prevent misuse of the contact form and to ensure the security of our information technology systems.

4.Duration of storage

Personalised data will be deleted as soon as it is no longer necessary to achieve the purpose for which it was collected.For the personal data from the contact form input screen and the data that was sent by e-mail, this is the case when the respective conversation with the user has been completed.The conversation is terminated when the circumstances indicate that the matter in question has been finally resolved. 

Personal data that was collected in addition during the sending procedure will be deleted after a period of twenty-six months at the latest.

5.Objection and removal options

The user has the option of revoking his or her consent to the processing of personal data at any time.A user who has contacted us by e-mail can object at any time to the storage of his or her personal data.It will not be possible to continue the conversation in this case.The user only has to inform us about the contradiction of his declaration of consent.All personal data stored when establishing contact with us shall in this case be erased.

VIII.Google Analytics

1.Description and scope of data processing

We use the component Google Analytics on our website.Google Analytics is a web analytics service operated by Google Inc, 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.Web analysis is the elicitation, collection and evaluation of data about the behaviour of users on our website.A web analysis service collects, among other things, data on the website from which a user has accessed a website, which sub-pages of the website have been accessed or how often and for how long a sub-page has been viewed. 

We use the addition "_gat._anonymizeIp" for web analysis via Google Analytics.By means of this addition, Google truncates and anonymises the IP address of the person concerned when accessing our Internet pages from a Member State of the European Union or from another signatory state to the Agreement on the European Economic Area.The truncation of the IP address results in anonymisation.It is then no longer possible to assign the abbreviated address to a specific or identifiable person. 

Google Analytics places a cookie on the user's computer.The placement of this cookie enables Google to analyse the use of our website.Each time one of the individual pages of this website is called up, the Internet browser on the user's computer is automatically prompted by the respective Google Analytics component to transmit data to Google for the purpose of online analysis.As part of this technical process, Google obtains knowledge of the user's data, such as the IP address of the data subject, which serves Google, among other things, to trace the origin of visitors and clicks.

Cookies are used to store personal data, such as the time of access, the location from which access came and the frequency of visits to our website by the user.Whenever you visit our website, this data, including the IP address of the Internet connection used by the data subject, is transmitted to Google in the USA.This personal data is also stored by Google in the USA.Google may disclose personal data collected through the technical process to third parties.

In addition, this website uses the Google Analytics reports on demographic features that use data from Google's interest-based advertising and visitor data from third parties (e.g. age, gender and interests).This data cannot be traced back to a specific person and can be deactivated at any time via the display settings.

2.Legal basis for data processing 

The legal basis for the processing of the data is Art. 6 para. 1 lit. f GDPR and § 15 para. 3 of the Teleservices Act.

3.Purpose of data processing

The purpose of using Google Analytics is to analyse the flow of visitors to our website.Google uses the data and information obtained to evaluate the use of our website, to compile online reports showing us the activities on our websites, and to provide other services related to the use of our website.This enables us to further optimise our website for the user.

For these purposes, our legitimate interest also lies in the processing of personal data in accordance with Art. 6 para. 1 lit. f GDPR. 

4.Duration of storage

The data stored via Google Analytics will be automatically deleted by us after twenty-six months.

5.Objection and cancellation options

As already explained, the user can prevent the storage of cookies by our website at any time by means of an appropriate setting of the Internet browser used and thus permanently object to the storage of cookies.In addition, a cookie already saved by Google Analytics can be deleted at any time via the Internet browser or other software programmes.

Furthermore, the user has the possibility to object to the collection of data generated by Google Analytics, as well as the processing of this data by Google and to prevent such collection.To do this, the user must download and install a browser add-on under the link https://tools.google.com/dlpage/gaoptout .This browser add-on informs Google Analytics after installation automatically that no data and information on visitors to websites of the users may be transmitted to Google Analytics.The installation of the browser add-on is to be regarded as an objection.If the user's system is deleted, formatted and reinstalled in the future, the user must reinstall the browser add-on to deactivate Google Analytics. 

6.Additional information

Further information and Google's current privacy policy can be found at https://www.google.de/intl/de/policies/privacy and at http://www.google.com/analytics/terms/de.html .Google Analytics is explained in more detail at https://www.google.com/intl/de_de/analytics/ .

IX.Data processing in countries outside the European Economic Area (EEA)

If we process data in third countries (countries outside the EU/EEA) or transfer it to companies in third countries, we will only do so if we are authorised to do so by you or by law.If there is no adequacy decision by the Commission pursuant to Art. 45 GDPR for the third country concerned, i.e. there is no adequate level of data protection in the third country, we ensure through contractual provisions (standard contractual clauses of the EU on data protection) or other suitable guarantees within the meaning of Art. 46 GDPR that your privacy and your personal data are also adequately and legally protected in the company in the third country.

X. Integration of third-party services and content

In some cases, third party content, such as YouTube videos, maps from Google Maps, RSS feeds, graphics from other websites are included as part of this website.This always requires that the IP address of the user is visible to the provider of such content (hereinafter referred to as the "third party").Without the IP address, the content could not be sent to the user's browser.The IP address is therefore necessary in order to display this content.We try hard only to use content from providers who use the IP address to deliver content, and for nothing else.However, we have no control over whether the third-party provider might, for example, save the IP address for statistical purposes.

XI.Your rights as a data subject

If you process personal data, you as the data subject have the following rights vis-à-vis the party responsible.To assert your rights below, please contact us at:

Pendix GmbH
Innere Schneeberger Straße 20
08056 Zwickau, Germany
E-mail: dataprotection@pendix.com

1.Right to information

You can request from us to confirm whether we will process personal data that concerns you. If such processing is taking place, you can request the following information from us:

(1) the purposes for which the personal data is being processed;
(2) the categories of personal data being processed;
(3) the recipients or categories of recipients to whom your personal data has been or will be disclosed;
(4) how long the controller plans to store your personal data, or, if specific information in this respect is not possible, the controller's criteria for determining the storage period;
(5) the existence of a right to correct or have your personal data deleted or to restrict its processing by the data controller or to object to such processing;
(6) the existence of the right to lodge a complaint with a supervisory authority
(7) any available information on the origin of the data if the personal data has not been collected from the data subject;
(8) the existence of automated decision-making, including profiling, referred to in Article 22 paras. 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 have the right to request information regarding whether your personal information will be transmitted to a third-party country or an international organisation.In this context, you may request to be informed of the appropriate guarantees pursuant to Art. 46 GDPR in connection with the transmission.

2.Right to correct information 

You have a right to correct and/or add to your personal data held by the data controller if it is incorrect or incomplete.The data controller shall make the correction immediately.

3.Right to restrict processing

Under the following conditions, you may request that the processing of your personal data be restricted:

(1) if you contest the accuracy of your personal data, for as long as it takes the party responsible to verify its accuracy;
(2) if the processing is unlawful and you refuse to have the data deleted and instead wish to restrict its use;
(3) the party responsible no longer needs the personal data for processing purposes, but you need it to establish, exercise, or defend legal claims; or
(4) if you have filed an objection to the processing pursuant to Art. 21 para. 1 GDPR and it has not yet been determined whether the legitimate reasons of the person responsible outweigh your reasons.

Where processing of the personal data that concerns you has been restricted, such data – apart from being stored – may be processed only with your consent or for the purpose of asserting, exercising or defending rights or protecting the rights of another natural or legal person or on the grounds of an important public interest of the Union or of a Member State.

If the data processing has been restricted for any of the grounds listed above, the data controller will notify you before lifting the restriction.

4.The right to deletion

a) Obligation to erase

You have the right to demand that the data controller delete your personal data without delay. The data controller is required delete personal data without delay when one of these conditions applies:

(1) Your personal data is no longer necessary for the purposes for which it was originally collected or otherwise processed.
(2) You revoke your consent, on which the processing was based pursuant to Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. a GDPR, and there is no other legal basis for the processing.
(3) You file an objection against the processing pursuant to Art. 21 para. 1 GDPR and there are no overriding legitimate reasons for the processing, or you file an objection against the processing pursuant to Art. 21 para. 2 GDPR.
(4) Your personal data has been processed unlawfully.
(5) The deletion of personal data is required in order to comply with legal obligations according to EU or national law applicable to the party responsible.
(6) Your personal data has been collected in connection with services offered by an information company per Art. 8 para. 1 GDPR.

b) Transfer of personal data to third parties

Where the party responsible has made the personal data public and is obliged to delete this in accordance with Art. 17 para. 1 GDPR, he shall take appropriate measures, including technical measures, taking into account the technology available and the implementation costs, to inform data processors of the personal data that a data subject has requested them to delete, including all links to such personal data or copies or replications of such personal data. 

c) Exceptions

The right to deletion does not exist if processing is necessary

(1) to exercise the right to freedom of expression and information;
(2) to fulfil a legal obligation requiring the processing per EU or national law applicable to the data controller or to perform a duty that lies in the public interest or with which the data controller has been tasked by an official authority;
(3) for reasons of public interest in the field of public health pursuant to Art. 9 para. 2 lit. h and i and Art. 9 para. 3 GDPR;
(4) for archiving purposes in the public interest, scientific or historical research purposes or for statistical purposes pursuant to Art. 89 para. 1 GDPR, insofar as the law referred to under a) is likely to make it impossible or seriously impair the attainment of the objectives of such processing, or
(5) to assert, exercise, or defend legal claims.

5.Right to information

If you have exercised your right to have the responsible party correct, delete, or limit the processing, this party is obliged to inform all recipients to whom the personal data that concerns you has been disclosed of this correction or deletion 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 about these recipients.

6.The right to data portability

You have the right to obtain your personal data, which you have provided to the controller, in a structured, commonly used and machine-readable format.In addition, you have the right to transmit this data to another party responsible without hindrance from the original party resposible if

(1) processing is based on consent pursuant to Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR or on a contract pursuant to Art. 6 para. 1 lit. b GDPR and

(b) the processing is carried out using automated methods.

In exercising this right, you shall have the right to have the personal data transmitted directly from one responsible party to another, where technically feasible.The freedoms and rights of other persons must not be affected by this.

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 conferred on the party responsible.

7.Right of objection

You have the right to object at any time to the processing of personal data concerning you on the basis of Art. 6 para. 1 lit e or f GDPR for reasons arising from your particular situation, including profiling based on these provisions. 

The party responsible will no longer process the personal data that concerns you, unless they can prove compelling legitimate reasons for the processing, which outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.

If the personal data that concerns you is being processed for direct marketing purposes, you have the right to object at any time to the processing of the personal data that concerns you for the purpose of such marketing; this also applies to profiling, insofar as it is associated with such direct marketing.

If you object to processing that is for direct marketing purposes, the personal data that concerns you will no longer be processed for these purposes.

In the context of the use of information company services, and notwithstanding Directive 2002/58/EC, you may exercise your right to object by automated means for which technical specifications are used.

8.Right to revoke consent

You have the right at any time to revoke your data protection declaration of consent.The revocation of consent shall not affect the legality of any processing undertaken on the basis of this consent before its withdrawal.

9.Automated decision in individual cases, including profiling

You have the right not to be subject to a decision based exclusively on automated processing - including profiling - that has legal effect against you or significantly impairs you in a similar manner.This shall not apply if the decision: 

(1) is necessary to establish to fulfill a contract between you and the party responsible;
(2) is authorised by EU or national law applicable to the party responsible which also lays down suitable measures to safeguard your rights and freedoms and legitimate interests; or
(3) is based on your explicit consent.

However, these decisions may not be based on special categories of personal data pursuant to Art. 9 para. 1 GDPR, unless Art. 9 para. 2 lit. a or g applies and appropriate measures have been taken to protect your rights and freedoms and your legitimate interests.

When using our website, the user is not subject to any such automated decision in individual cases, including profiling.

10.The right to file a legal complaint with a supervisory authority

Without prejudice to any other administrative or judicial remedy, you have the right of appeal to a supervisory authority, in particular in the Member State where you reside, work or where the infringement is suspected, if you believe that the processing of personal data that concerns you is in contravention of GDPR. 

The supervisory authority with which the appeal has been filed shall inform the appellant of the status and results of the appeal, including the possibility of a judicial remedy under Art. 78 of the GDPR.