Protecting your personal data is important to us. Below we provide information in accordance with Articles 12, 13, 14 and 21 of the GDPR about how we handle your personal data when you use our website www.metz-ce.de and initiate, implement and conclude a contract with us. Personal data are individual items of information on the personal or material circumstances of a defined or definable natural person. This includes information such as your name, address, telephone number and date of birth.
The office responsible for the GDPR is:
Metz Consumer Electronics GmbH
Ohmstraße 55
90513 Zirndorf, Germany
E-Mail: info@metz-ce.de
Fax: (+49) 911 9706-340
Contact details of our data protection officer:
Jürgen Schmidt
E-Mail: datenschutz@metz-ce.de
You can visit our website without providing any personal information. If you use our website for information only, i.e. you neither register nor transmit any information about yourself, we will not process any personal data, apart from data transferred by your browser to enable you to visit the website, and information transmitted to us by the cookies we use for statistical analysis of website usage.
For technical purposes relating to provision of the website, we are obliged to process certain data transferred by you automatically to enable your browser to display our website and you to use it. This information is collected automatically each timed our website is visited, and it is stored in our server log files. This information relates to the computer system of the accessing computer. The following information is collected: host, IP address of user, possibly also the user’s name, date and time of access.
Our website uses Piwik, (now called Matomo, see matomo.org), a data protection-compliant open source web analytics system. It allows us to optimise the web pages and make them more user-friendly for you. Piwik uses “cookies”; these are text files that are saved to your computer and enable analysis of website usage. The collated data (incl. time, pages visited, user browser and operating system) is saved in a database. All IP addresses are truncated prior to being saved (the final tuple is removed). We can only see the network from which the request originated, not the computer. Cookie-generated information regarding use of this website (incl. anonymized IP address) falls under the data sovereignty of Metz Consumer Electronics GmbH. Metz Consumer Electronics GmbH makes use of this information to evaluate usage of the website and to compile reports regarding website activity. Stored data is not linked to other data sources and is not shared with third parties.
You can find further information on the data protection of Piwik/Matomo at matomo.org/privacy
We process your personal data for the purpose of technical provision of our website on the following legal basis:
• to fulfil a contract or implement precontractual measures in compliance with Article 6(1)(b) of the GDPR, should you visit our website to get information about our products or services;
• to protect our legitimate interests in accordance with Article 6(1)(f) of the GDPR in being able to provide the website in technical terms. Our legitimate interest is to provide you with an attractive, technically functioning and user-friendly website, as well as to take measures to protect our website from cyber attacks and prevent our website from being the source of cyber attacks for third parties.
In addition to using our website purely for information, you may also use our website actively, e.g. to order catalogues, find local specialist dealers, register for our newsletter or to contact us. As well as processing the personal data transferred when you use our website purely for information as set out above, we also process other personal data necessary for handling your order and/or processing and replying to your queries.
a. Contact enquiries
We process any personal data you have provided in this context in order to process and reply to enquiries sent to us for example via the contact form or to our email address. This includes in each case your name and email address, so that we can reply to your enquiry, as well as other information you send to us in the course of your communication.
We process your personal data for the purpose of replying to user enquiries on the following legal basis:
• to protect our legitimate interests in accordance with Article 6(1)(f) of the GDPR; our legal interest is to reply appropriately to contact enquiries.
If you place a contact enquiry or conclude a contract with us, and do this not via our website but through other channels of communication (e.g. email, telephone, in person), we process the personal data you send us when concluding the contract or making the enquiry and which is required by us to conclude the contract, provide our products or services or reply to your enquiry.
a. Contact enquiries
We process any personal data you have provided in this context in order to be able to handle and reply to enquiries sent to us via telephone, post or to our email address, for example. This includes your name and address details, such as email address, postal address and fax number, so that we can reply to your enquiry, as well as other information sent to us in the course of your communication.
We process your personal data for the purpose of replying to user enquiries on the following legal basis:
• to protect our legitimate interests in accordance with Article 6(1)(f) of the GDPR; our legal interest is to reply appropriately to contact enquiries.
b. Conclusion of contracts
If you order one of our paid or free products or services by telephone, email or in person, we process your personal data so that we can receive and handle your order and provide the products or services you have ordered.
We process your personal data for the purpose of initiation, implementation and conclusion on the following legal basis:
• to fulfil a contract or implement precontractual measures in accordance with Article 6(1)(b) of the GDPR.
c. Credit check
If we have provided services in advance, to protect our legitimate interests we reserve the right to obtain a credit report on the basis of mathematical and statistical methods from the following company:
Creditreform Nürnberg Aumüller KG, Theodorstrasse 11, 90489 Nuremberg, Germany
For this purpose we transfer all personal data required for a credit check and use the information received on the statistical probability of a payment default. The credit information may contain probability values (score values) calculated on the basis of scientifically recognised mathematical and statistical methods. A range of markers – including income, addresses, profession, marital status and current payment behaviour – are used to determine the likelihood of future payment default by the customer. The result is expressed in the form of a payment value (or score). Information received in this way forms the basis of our decision to initiate, implement or conclude the contract. The option to select one of the payment types on offer is not dependent upon information of this kind.
We process your personal data for the purpose of initiating, implementing and concluding a contract on the following legal basis:
• to protect our legitimate interests in accordance with Article 6(1)(f) of the GDPR. Our legitimate interest lies in financially safeguarding our advance services and in protecting against payment default and fraud.
During implementation of the contract we process your personal data as follows:
a. Performance of services
To the extent required for fulfilment of the contract, we process your personal data in order to provide services, e.g. to contact you, supply goods, deal with queries and provide services.
We process your personal data for the purpose of initiating, implementing and concluding a contract on the following legal basis:
• to fulfil a contract or implement precontractual measures in accordance with Article 6(1)(b) of the GDPR.
b. Payment
We use payment service providers and banks to process payments.
We process your personal data for the purpose of initiating, implementing and concluding a contract on the following legal basis:
• to fulfil a contract or implement precontractual measures in accordance with Article 6(1)(b) of the GDPR.
c. Legal compliance
We process your personal data in order to fulfil other legal duties arising as a result of implementing the contract. These include in particular trade, commercial or tax storage periods.
We process your personal data for the purpose of initiating, implementing and concluding a contract on the following legal basis:
• to fulfil a legal obligation to which we are subject in accordance with Article 6(1)(c) of the GDPR, in particular in combination with trade, commercial or fiscal regulations.
d. Law enforcement
We process your personal data in order to assert our rights and implement our legal claims. Similarly, we process your personal data so that we can defend ourselves against legal claims. Finally, we process your personal data for the prevention or prosecution of criminal offences in as far as this is required.
We process your personal data for the purpose of law enforcement:
• to protect our legitimate interests in accordance with Article 6(1)(f) of the GDPR, in so far as we assert legal claims or defend ourselves against legal disputes or prevent/resolve criminal acts.
1. Use of website for information purposes
If you use our website purely for information purposes, we shall store your personal data on our servers for the duration of your visit to our website. Your personal data will be deleted immediately upon leaving our website. However, we store server log files for a period of one month.
In general, cookies installed by us are also deleted when you leave our website. However, this does not apply to login cookies. These are stored for a period of 24 hours. However, this does not apply to cookies placed by the web analytics tool Google Analytics. These may be stored on your device for up to 2 years. Cookies placed by the Hotjar service are stored for up to 365 days. You can delete installed cookies at any time.
2. Active use of the website, contact enquiries and contract conclusion
When you actively use our website, or in the event of contact enquiries and conclusion of contracts outside the website, we store your personal data for the period it takes to reply to your request. If a business relationship is established and/or contract concluded, we will store your personal data for the duration of our business relationship or duration of the contractual relationship. This includes initiation of a contract (precontractual relationship) and contract conclusion.
In addition, we shall continue to save your personal data up until the statute of limitation for any legal claims from the relationship with you, so that we can, if applicable, use these as evidence. The statute of limitation shall in general be between 12 and 36 months, but may also last up to 30 years.
At the beginning of the statute of limitation, we shall delete your personal data unless we are subject to a statutory storage obligation, e.g. arising from the Handelsgesetzbuch (German Commercial Code, §§ 238, 257 Section 4 HGB) or from the Abgabenordnung (General Fiscal Law, § 147 Section 3, 4 AO). These storage obligations may last from two to ten years.
In the first instance, only those employees involved in processing your personal data receive knowledge of it. In addition, we only share your personal data with other recipients who supply services relating to our website or to the conclusion of a contract in as far as this is legally permissible or prescribed. We restrict any further transfer of your personal data to that which is required, in particular for processing your order. On occasions, our service providers receive your personal data as order processors. In this case they are strictly bound by our policy in terms of handling your personal data
We have set out the categories of recipients of your personal data below:
• Payment service providers and banks for the processing of payments;
• IT service providers for managing and hosting our website and running our apps;
• legal advisors to enforce our claims.
In the context of using Google tools, we transfer your truncated IP address to the USA. Data transfer is based upon the implementing decision (EU) 2016/1250 of the EU Commission of 12 July 2016 in accordance with EU Directive 95/46/EG of the European Parliament and European Council on the adequacy of protection provided by the EU-US data protection shield.
Furthermore, we do not transfer your personal data to countries outside the EU or EEA or to international organisations.
As a data subject you are entitled to the following rights under the statutory provisions, which you may assert against us:
Right of information: In accordance with Art. 15 of the GDPR, you have the right at any time to request from us confirmation as to whether we process appropriate personal data. Where this is the case, you shall furthermore have the right within the scope of Art. 15 of the GDPR to receive a copy of your data, as well as information on this personal data and certain other information (e.g. the processing purposes, categories of personal data, categories of recipients, the planned storage duration, the origin of the data, the use of automated decision-making and, in case of the transfer of data to a non-member state, the appropriate guarantees).
Right of rectification: In accordance with Art. 16 of the GDPR, you have the right to request rectification of the personal data we have stored should this be incorrect or erroneous.
Right of deletion: Under the provisions of Art. 17 of the GDPR, you have the right to request that we delete personal data concerning you without delay. The right of deletion shall not, amongst other things, exist if the processing of personal data is required for:
• exercising the right to freedom of opinion and information;
• fulfilment of a legal obligation to which we are obligated (e.g. statutory storage obligations);
• assertion or exercising of legal claims or the defence against legal claims.
Right to restriction of processing: Under the provisions of Art. 18 of the GDPR, you have the right to request that we limit the processing of your personal data.
Right of data portability: Under the provisions of Art. 20 of the GDPR, you have the right to request that we hand over to you the personal data concerning you and which you have provided to us, in a structured, conventional and machine-readable format.
Right of withdrawal: You have the right to revoke your consent to processing of your personal data with effect for the future at any time.
Right to object: Under the provisions of Art. 21 of the GDPR, you have the right to file an objection against the processing of your personal data, meaning that we must terminate the processing of your personal data. The right of objection only exists within the limits set out in Art. 21 of the GDPR. In addition, our interests may contradict termination of the processing, meaning that we may remain authorised to process your personal data in spite of your objection.
Right to lodge a complaint with a supervisory authority: Under the provisions of Art. 77 of the GDPR, if you consider that the processing of personal data relating to you infringes the GDPR, you have the right 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. Your right to lodge a complaint is without prejudice to any other administrative or judicial remedy.
The responsible supervisory authority is:
Bayerisches Landesamt für Datenschutzaufsicht (BayLDA)
Promenade 27
91522 Ansbach, Germany
Telephone: 0981 531300
Fax: 0981 53981300
Email: poststelle@lda.bayern.de
However, we recommend that you direct any complaint in the first instance to our data protection officer.
Your requests to exercise your rights should be addressed where possible in writing to the address given above or sent directly to our data protection officer.
Fundamentally, you are not required to share your personal data with us. Should you not do this, however, we will not be able to provide access to our website, answer your queries or conclude a contract with you. Personal data that we urgently require for the aforementioned processing purposes is marked *. Other information is optional and need not be filled out.
We do not use automated decision-making or profiling (automated analysis of your personal circumstances).
This privacy policy is valid for our website only. We are not responsible for the content of external websites. This is valid in particular for links on our website to other websites, over whose content we have no influence.
Should you click on a link to access another website, we recommend that you familiarise yourself with the privacy policy of that website.
Information about your right to object, Article 21 of the GDPR
You have the right to file an objection at any time against processing of your data that is performed on the basis of Article 6(1)(f) of the GDPR (data-processing on the basis of a weighing out of interests) or Article 6(1)(e) of the GDPR (data-processing in the public interest). The precondition for this is that there are grounds for your objection emanating from your personal situation.
If you file an objection, we shall no longer process your personal data unless we can demonstrate compelling reasons for processing warranting protection that outweigh your interests, rights and freedoms, or the processing serves the purpose of asserting, exercising or defending legal claims.
An objection can be filed by contacting
Metz Consumer Electronics GmbH
Datenschutz
Ohmstraße 55
90513 Zirndorf, Germany
datenschutz@metz-ce.de