As the data controller we have prepared this privacy notice to inform you in accordance with the requirements of the EU General Data Protection Regulation 2016/679 (GDPR) about the nature, scope and purpose of the processing of personal data in relation to the services we offer on our website.
‘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;
‘Personal data’ means any information relating to an identified or identifiable natural person (‘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;
‘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;
‘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; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing;
‘Union’, ‘EU’ or ‘Member State’ means the European Union or a member state of the Union.
II. General Information
1. The data controller
A. Schweickhardt GmbH & Co. KG
Tuttlinger Straße 12
Tel.: +49 (0) 7464 989 10-700
Fax: +49 (0) 7464 989 10-719
2. Contact details of the Data Protection Officer
Telephone: +49 711 46 05 025-40
Fax: +49 711 46 05 025-49
3. Legal bases
We process personal data based on at least one of the following legal bases:
- The data subject has given consent to the processing of his or her personal data for one or more specific purposes (Art. 6 (1)(a) GDPR);
- Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract (Art. 6(1)(b) GDPR);
- Processing is necessary for compliance with a legal obligation to which we are subject (Art. 6 (1)(c) GDPR);
- Processing is necessary in order to protect the vital interests of the data subject or of another natural person (Art. 6 (1)(d) GDPR);
- Processing is necessary for the purposes of the legitimate interests pursued by us or by a third party (Art. 6 (1)(f) GDPR)
4. Onward transfer of personal data
We forward personal data to recipients (data processors or other third parties) only to the extent required and only if one of the subsequent conditions are met:
- the data subject has consented to the data transfer;
- the onward transfer is required to fulfil a contractual obligation or pre-contractual measure on the request of the data subject;
- we are obliged by law to make such a transfer;
- The onward transfer is made on the basis of our legitimate interest or those of a third party.
5. Third countries
The transfer of personal data to a third country or an international organisation outside the EU or the European Economic Area (EEA) is subject to legal or contractual permission only in accordance with the provisions under Art. 44 et seq. GDPR. Pursuant to Art. 45 GDPR an adequacy decision of the EU commission must be present for the respective country, or appropriate safeguards for data privacy under Art. 46 GDPR, or Binding Corporate Rules under Art. 47 GDPR must exist. In individual cases, a data transfer may be permitted on the basis of an exception under Art. 49 GDPR.
We may use on our website external services provided by organisations based in the USA. If these services are active, personal data is collected in connection with the provision of the relevant service and may be transferred to and stored on servers in the USA. The European Court of Justice considers the USA to have an inadequate level of data protection. When data is transferred to the US, there is a fundamental risk that the US authorities may access and use the data for surveillance and monitoring purposes without notification and without the possibility of a legal remedy.
6. Rights of data subjects
As a data subject you have the following right:
- Pursuant to Art. 15 GDPR to request information about your personal data processed by us. You may also request information regarding the purposes of the processing, the categories of personal data concerned, the recipients or categories of recipients to whom the personal data have been or will be disclosed, the envisaged period for which the personal data will be stored or the criteria used to determine that period, the data source (where personal data is not collected from you), the existence of automated decision-making, including profiling, and meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing; the existence of the right to request rectification or erasure of data concerning you, the right to restrict processing or to object to such processing, the right to lodge a complaint with a supervisory authority. Finally, you have a right to know whether personal data has been transferred to a third country or to an international organisation, and, if so, the appropriate safeguards relating to this transfer;
- Pursuant to Art. 16 GDPR to demand the immediate rectification of inaccurate personal data and to have incomplete personal data which is stored by us completed;
- Pursuant to Art. 17 GDPR to demand the erasure of your personal data stored by us, unless the processing is necessary for exercising the right of freedom of expression and information, for compliance with a legal obligation, for reasons of public interest, or for the establishment, exercise or defence of a legal claim.
- Pursuant to Art. 18 GDPR to request the restriction of the processing of your personal data if the accuracy of the personal data is contested by you; the processing is unlawful but you oppose the erasure of the personal data and request the restriction of their use instead; we no longer need the personal data for the purposes of the processing but they are required by you for the establishment, exercise or defence of legal claims; you have objected to processing pursuant to Art. 21 (1) GDPR pending the verification whether our legitimate grounds override your interests;
- Pursuant to Art. 20 GDPR to receive your personal data, which you have provided for us, in a structured, commonly used and machine-readable format and have the right to transmit this data to another controller;
- Pursuant to Art. 21 GDPR to object to the processing of your personal data on grounds relating to your particular situation, or if you object to processing for direct marketing purposes and the legal basis for processing is our legitimate interests pursuant to Art. 6 (1)(f) GDPR;
- Pursuant to Art. 7 (3) GDPR to withdraw your consent given to us at any time. As a result, we are no longer allowed to continue to process the data that was based on this consent in the future;
- Pursuant to Art. 77 GDPR to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement. A list of contact details of the data protection officers and supervisory authorities can be found on this website: https://www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html.
If you wish to assert the data subject rights mentioned above, you can contact us or our data protection officer at any time using the contact details above.
7. Erasure and restriction of personal data
Unless otherwise provided for in this privacy notice, personal data will be deleted, if this data is no longer necessary in relation to the purposes for which they were collected or otherwise processed and the deletion does not conflict with statutory retention requirements. In addition, we will erase the personal data processed by us in accordance with Art. 17 GDPR on your request, if the conditions provided therein are met. If personal data are required for other lawful purposes, they will not be erased, but their processing will be restricted in accordance with Art. 18 GDPR.
In case of restriction, the data will not be processed for other purposes. This applies, for example, to personal data that must be retained by us for commercial or tax law reasons. For example, data must be kept for 6 years pursuant to Section 257 (1) Nos. 2 and 3 German Commercial Code (HGB) and Section 147 (1) Nos. 2, 3, 5 German Tax Code (AO); data must be kept for 10 years pursuant to Section 257 (1) Nos. 1 and 4 HGB and Section 147 (1) No. 1, 4, 4a AO.
We use the following cookies on our web site:
- a) Necessary Cookies:
- a) Necessary Cookies:
Used to save language settings for the multilingualism of the website
Used to process the status of pop-up windows.
Used to save the consent status of the cookie banner.
Most browsers accept cookies automatically. However, if you do not wish to accept cookies, you can configure your browser so that no cookies are stored on your device or a message is displayed before new cookies are created. Information on how to remove cookies in Internet Explorer / Edge, please refer to: https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies. Information on the removal of cookies in Firefox, please refer to: https://support.mozilla.org/en-US/kb/clear-cookies-and-site-data-firefox?redirectlocale=en-US&redirectslug=delete-cookies-remove-info-websites-stored. Learn how to remove cookies in Safari here: https://support.apple.com/en-gb/guide/safari/sfri11471/mac.
III. Individual processing operations
In order to make our website available, we use services provided by hosting companies, such as: Provision of web servers, disk space, database services, and security or maintenance services. Here we, or our hosting providers, process personal data of website visitors based on our legitimate interests in providing efficient and secure access to our website in accordance with Art. 6 (1)(f) GDPR.
2. Access data and log files
By visiting our website or its individual pages, your device’s internet browser automatically sends information to the server of our website. This information is stored in so-called log files by us or our hosting provider and will be deleted after 7 Days at the latest.
The following information is stored:
IP address of the requesting computer;
Date and time of access;
Name and URL of the requested file;
Website from which our site was accessed (Referrer-URL);
The browser used and your computer’s operating system;
Status codes and the transferred amount of data;
Name of your access providers.
This data will be used for the following purposes:
The provision of our website, including all of its features and contents;
To ensure a smooth connection to our website;
To ensure a more user-friendly experience on our website;
To ensure system security and stability;
For anonymised statistical evaluation of website access;
To optimise our website;
For disclosure to law enforcement authorities in the event of unlawful interference / attacks on our systems;
For further administrative purposes.
The legal basis for data processing is Art. 6 (1)(f) GDPR. Our legitimate interest relates to the data collection purposes mentioned above. Under no circumstances will we use the personal data collected for the purpose of drawing conclusions about a person.
3. General means of contact
If you contact us using the contact details published on our website (for example, by e-mail) and in this context provide us with personal data, we will use this data to process your request on the basis of Art. 6 (1)(b) GDPR, if your request is related to the performance of a contract or is required to perform pre-contractual action. In all other cases, processing is based on your consent in accordance with Art. 6 (1)(a) GDPR and / or our legitimate interest in the effective processing of requests addressed to us pursuant to Art. 6 (1)(f) GDPR. We will store your personal data until you ask us for deletion, revoke your consent to the storage, or the data are no longer necessary for the purpose for which they were collected (for example, after completion of your request). Mandatory statutory provisions – especially retention periods – remain thereof unaffected.
4. Contact form
If you use the contact form, you will be asked to provide your e-mail address, Name, Telephone and any other contact details, so that we can get in touch with you. Further information can be provided voluntarily. The data processing for the purpose of contacting us and answering your request takes place in accordance with Art. 6 (1)(a) GDPR based on your voluntary consent. All personal data collected in connection with the contact form will be deleted after your request has been processed, unless further storage is required for the documentation of other transactions (for example, subsequent conclusion of a contract).
5. reporting form
If you send in incidents / near incidents to receive an emergency number via the reporting form, we need your e-mail address, name, address, telephone and, if applicable, other personal data of the patient so that we can process the report. Further information can be provided voluntarily. Data processing for the purpose of processing the incident is carried out in accordance with Art. 6 (1)(a) GDPR based on your voluntary consent. All personal data collected in connection with the reporting form will be deleted after your request has been dealt with, unless storage is required for the documentation of other processes (e.g. product liability or warranty claims).
6. E-Mail direct marketing to customers
If you are an existing customer and we have received your e-mail address in connection with the sale of goods or services, we may use your name, e-mail address, your company affiliation if you are interacting on behalf of a company, and the type of goods or services you purchased from us for the direct marketing of our own similar goods or services. This only applies if you have not objected and we clearly and unequivocally have advised you of the possibility of objection at the time of collecting the e-mail address, and every time we use it thereafter. The legal basis of processing is our legitimate interest in direct marketing according to Art. 6 (1)(f) GDPR. We will store the personal data until you object to the processing.
If you would like to receive our newsletter we require your e-mail address. The data processing for the purpose of sending the newsletter takes place in accordance with Art. 6 (1)(a) GDPR based on your voluntary consent by means of the so-called double-opt-in procedure. The e-mail address will be used and stored for this purpose until you withdraw your consent or unsubscribe from receiving the newsletter. You can unsubscribe at any time, for example by using the link at the bottom of each newsletter. You can also send your withdrawal/unsubscribe request at any time to the e-mail address given under Clause II.
We embed a so-called counting pixel into our newsletters. A counting pixel is a miniature graphic embedded in the HTML format of the newsletter to allow us an analysis of the reader’s reading behaviour. In this context, we gather information on whether, and at what time, a newsletter was opened by you and which of the links contained in the newsletter were accessed by you. We use this data to generate statistical evaluations of the success or failure of a marketing campaign to optimize the distribution of our newsletters and to better tailor the content of future newsletters to your interests. The collected data will not be passed on to third parties and will be deleted after the statistical evaluation.
We use external services to register users for newsletters and send them out. Provider is CleverReach GmbH & Co. KG; Mühlenstr. 43; 26180 Rastede; Germany (hereinafter ‘CleverReach’). CleverReach is used to send and evaluate the reach of our newsletters. For this purpose, we use your e-mail address and, if applicable, other data required by CleverReach for the provision of the newsletter on our behalf. CleverReach enables us to evaluate the behaviour of the newsletter recipients. We achieve this by embedding a so-called tracking pixel into our newsletters to analyse reader behaviour of the subscribers. Among other things, we record how many recipients have opened the newsletter, how often readers have clicked on certain links in the newsletter and whether readers have carried out predefined actions after clicking on a link. We use this data to create statistical evaluations of the success or failure of our marketing campaigns, optimise the newsletter mailing and tailor the content of future newsletters to your interests. The collected data is deleted after a statistical evaluation. If you do not agree with the analysis of your reading behaviour, you must unsubscribe from the newsletter. You can unsubscribe at any time, for example via a link at the end of each newsletter, via an unsubscribe form on our website or by e-mail to the e-mail address stated above. The personal data required for sending the newsletter will be deleted from our servers as well as from the servers of CleverReach after you have unsubscribed from the newsletter.
The legal basis for the transfer of data to CleverReach is our legitimate interest in accordance with Art. 6 (1)(f) GDPR. The legitimate interest is the use of a user-friendly and secure newsletter system and the optimisation of our website.
For further information on how CleverReach handles personal data, please refer to the relevant data privacy notice at: https://www.cleverreach.com/en/privacy-policy/. Information on data analysis in CleverReach newsletters can be found at: https://www.cleverreach.com/de/funktionen/reporting-und-tracking/
9. Registration / user account
You can register on our website with your personal data. Registration is optional and takes place in accordance with Art. 6 (1)(a) GDPR based on your voluntarily given consent. What categories of personal data are used for registration can be seen on the registration form. The collected personal data will be used for the purposes of providing the services offered on our website as well as contacting you in order to provide you with information about our offers and the services you registered for. When logging in to your user account you can view your personal data and make changes to this data.
We will not pass your personal data to third parties unless it is necessary for the fulfilment of contractual obligations in accordance with Art. 6 (1)(b) GDPR or for the pursuit of any claims to which we are entitled, or unless there is a legal obligation to do so in accordance with Art. 6 (1)(c) GDPR. Your data will be stored until you delete the user account or instruct us to delete your data. Insofar as we are obliged to retain your personal data on the basis of statutory retention periods, in particular tax and commercial law, the processing of your personal data will be restricted until the expiration of the relevant retention periods and then subsequently deleted.
10. Job applications
If you apply for a job, we need your name, contact details and meaningful application documents so that we can review your application and contact you personally. The data processing for the purpose of processing your application is carried out in accordance with Art. 6 (1)(a) GDPR based on your voluntary consent. Taking into account the limitation periods of the General Equal Treatment Act (AGG), application documents will be kept for a period of 6 months after completion of the application process and then deleted, unless storage is required for the documentation of other operations (for example, subsequent recruitment).
11. Contractual data
In connection with and for the purpose of fulfilling pre-contractual measures and contractual obligations initiated through our Internet offers, which are carried out at the request of the data subject, we process personal data required for the fulfilment of a contract with the data subject. These include:
Data of the contracting party, such as name, address and contact details. If applicable, alternate delivery or billing address of recipients;
contractual documentation including subject matter, duration or customer category;
payment data such as bank details, credit card details, and payment history.
The legal basis for data processing is Art. 6 (1)(b) GDPR.
The data will be disclosed to third parties only to the extent necessary to fulfil pre-contractual and contractual obligations, e.g. banks and payment providers for processing the payment, shipping service providers for the shipment of goods.
IV. Google Services
Provider of the services below is Google Ireland Limited (Register No: 368047), Gordon House, Barrow Street, Dublin 4, Ireland (hereinafter ‘Google’).
The information collected by Google in connection with the provision of the respective services may be transferred to and processed by Google servers in the USA and stored there. Please also note our information above on data transfer to third countries.
1. Google services for which your consent is required
The legal basis for the use of the following services is your voluntarily given consent according to Art. 6 (1)(a) GDPR. The legal basis for data transfer to the USA is also your voluntarily given consent in accordance with Art. 49 (1)(a) GDPR.
1.1 Google Maps
This website uses Google Maps to display site maps, maps, terrain data, or geographic maps. This service collects your IP address, which of our websites you have visited and, if necessary, other data required by Google for the provision of the maps (such as location data). The generated information is stored on servers in the USA. This information may also be transferred to third parties if required by law or if third parties process this data on behalf of us or Google. The Google Maps terms of service can be found at: https://www.google.com/intl/en_uk/help/terms_maps.html.
Our website uses media content from the YouTube platform. Provider is Google Ireland Limited (Register No: 368047), Gordon House, Barrow Street, Dublin 4, Ireland (hereinafter ‘Google’). The purpose is to display content of the YouTube platform that relates to the content of our website. This service collects your IP address and any additional data Google may need to provide the YouTube content. The information gathered about your use of this website is stored on a server in the USA. This information may also be transferred to third parties if required by law or if third parties process this data on behalf of us or Google. If you are logged in to your YouTube account while you are visiting our website, Google can link your visit of our website directly to your YouTube user account. If you do not want Google to be able to associate the data collected on our website with your respective user account on YouTube, you must first log out of YouTube.
2. Other Google services
The legal basis for the use of the following services are our legitimate interests according to Art. 6 (1)(f) GDPR. Our legitimate interests are listed below for each service individually.
Our website uses Google reCAPTCHA to ensure that the forms provided on our website are used by an actual person and are not abused by bots or automated procedures. We use this service in our legitimate interest in the security of our website and the detection of bot activity. This service collects your IP address and any additional data required by Google for providing the reCAPTCHA service. The collected information about your use of this website is stored on servers in the USA. This information may also be transferred to third parties if required by law or if third parties process this data on behalf of us or Google.
V. Links to social media profiles