Data Protection

Name and address of the company

The person responsible within the meaning of the Basic Data Protection Act (hereinafter „GDPR“) and other national data protection laws of the member states as well as other data protection regulations:

Smets Technology GmbH Karl Smets, Stephan Smets Handwerkerstraße 5a 15366 Hoppegarten PHONE: +49 (0)3342 508 95 40 FAX: +49 (0)3342 508 95 45 info@smets-technology.com www.smets-technology.com

(“Smets Technology” or “we”)

In this data protection policy, we inform you why and in which form we process your data when you visit our website, subscribe to our newsletter, or if you are an interested party, customer, supplier or business partner of Smets Technology.

General data processing

Scope and permission for the processing of personal data
We process your personal data in accordance with the provisions of data protection law, in particular the General Data Protection Regulation (GDPR), the Federal Data Protection Act (BDSG) and all other applicable laws.

We use your data primarily for contract performance and implementation of precontractual measures pursuant to Art 6 para 1 lit b GDPR. In this context, processing takes place for the following pre-contractual measures or contract performance actions:

• Ongoing customer support and processing of your inquiries.
• The management of your data, for example: if you are already a customer with us;
• For the provision of services, such as our contracting or rental services
• To fulfill orders and purchase contracts for the delivery of our products
• For servicing our products
• To process spare parts orders, training and product takeovers

Your data may also be processed in the interest of Smets Technology or a third party. This data processing is carried out in accordance with Art 6 para 1 lit f DSGVO

• for the creation of statistics for the development of new products, offers, prices, offer and application processing, contract management, service provision and event management
• for customer care incl. inquiry/complaint management
• for supplier management
• for invoicing and accounting purposes
• for visitor and access management
• for market research such as satisfaction surveys and studies on services provided
• for the purpose of „compliance“. This is understood to mean compliance with legal and other requirements. In this context, special categories of personal data according to Art 9 and criminally relevant data according to Art 10 DSGVO may also be processed. In doing so, we observe all special provisions prescribed by law for their processing
• for the processing of claims and insurance cases. In this context, special categories of personal data (such as health data in particular) may also be processed pursuant to Art 9 DSGVO and criminally relevant data pursuant to Art 10 DSGVO. In doing so, we observe all special provisions prescribed by law for their processing
• for ensuring IT security and IT operations, conducting stress tests, developing new and adapting existing products and systems, migrating data to ensure the viability and integrity of the systems and thus, in a broader sense, the processed data. In this context, personal data is mainly used for tests if this cannot be done with reasonable economic effort on the basis of anonymous data. Data security in accordance with Art 32 DSGVO is of course ensured throughout
• The use of your data for direct marketing purposes by Smets Technology may also constitute a legitimate interest. Such a use of your data by us occurs if you have a customer relationship with us, for example, because you have a user account or use services of Smets Technology. Otherwise, we will use your data for marketing purposes only with your separate consent, which can be revoked at any time.

Fulfilment of legal obligations: In order to comply with legal obligations, we process your personal data in accordance with Art 6 para 1 lit c DSGVO exclusively to the extent required by the relevant law.

Consent: We obtain your consent in accordance with Art 6 (1) (a) DSGVO, provided that none of the justification grounds outlined above apply. In doing so, we will of course fully comply with any additional regulations. We require your voluntary consent, which can be revoked at any time with effect for the future, primarily for the following purposes:

• Marketing purposes such as electronic mailings such as e-mail, via social networks and contacting you by telephone. Based on your consent, we may send you marketing information about events and suggestions for products and services from Smets Technology via these channels.
• Tracking of the user’s behavior on our website. More information about cookies can be found below.

Data deletion and storage period
The personal data of the person concerned will be deleted or blocked as soon as the purpose of storage ceases to apply. Furthermore, data may be stored if this is provided for by law for processing the data. In this case, data will be blocked or deleted when the legally prescribed storage period expires, unless there is a need for further storage of the data for the conclusion or fulfilment of a contract.

Data processing by using our website

Visit of our website
When you access our website, information is automatically sent to our website server by the browser used on your end device. This information is temporarily stored in a so-called log file. The following information is collected without your intervention and stored until automated deletion: IP address of the requesting computer, date and time of access, name and URL of the retrieved file, website from which access is made (referrer URL), browser used and, if applicable, the operating system of your computer and the name of your access provider.

The aforementioned data is processed by us for the purposes of ensuring a smooth connection setup of the website, ensuring a comfortable use of our website, evaluating system security and stability as well as for other administrative purposes.

The legal basis for the data processing is Art. 6 para. 1 p. 1 lit. f DSGVO. Our legitimate interest follows from the purposes for data collection listed above. In no case do we use the collected data for the purpose of drawing conclusions about your person.

The data and messages provided on our website are intended solely for information purposes. We make every effort to ensure the accuracy and completeness of the information. However, it cannot be ruled out that unintentional and accidental errors may have occurred.

Smets Technology makes no warranties or representations with respect to the information provided on its websites. In particular, Smets Technology does not warrant that information is executable under any software or hardware configuration, that it is current, secure, or error-free, that it meets your requirements, and/or that it will be permanently available. Likewise, Smets Technology does not guarantee that the Smets Technology website or auxiliary resources (e.g. servers) are free of viruses. Smets Technology also reserves the right to make additions or changes to the information provided on the web pages without prior notice.

Smets Technology is not liable for incorrect as well as missing information on its web pages. In particular, Smets Technology is not liable for (hyper)links or other contents that are either directly or indirectly used on or accessible from the web pages. All decisions based on information provided on the Smets Technology web pages are the sole responsibility of the user.

Smets Technology also assumes no liability for direct/concrete damages or consequential damages or other damages of any kind, which arise for whatever reason in connection with the direct or also indirect use of the information provided on these web pages (incl. hyperlinks). All of the above regulations also apply to software that can be accessed or used directly or indirectly from the Smets Technology web pages. If third party software is accessed via (hyper)links, the regulations of the respective provider apply.

Use of our contact form
There is a contact form on our website which can be used for electronic contact. If a user uses this option, the data entered in the contact form as well as the IP address, date and time will be transmitted to us and stored. Your consent is obtained for the processing of the data within the scope of the sending process and reference is made to this data protection declaration. In this case, the legal basis for processing the data is Art. 6 para. 1 lit. a GDPR.

Alternatively, you can contact us via the e-mail address provided. In this case, the user’s personal data transmitted by e-mail will be stored. In this context, the data will not be passed on to third parties. The legal basis for the processing of this data is Art. 6 para. 1 lit. f GDPR. If the e-mail contact aims to conclude a contract, then additional legal basis for the processing is Art. 6 exp. 1 lit. b GDPR.

The data will be processed for contacting us in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR based on your voluntary consent. The personal data collected by us for the use of the contact form will be automatically deleted after your request has been processed.

Information disclosure
Your personal data will not be transferred to third parties for purposes other than those listed below. We will only disclose your personal data to third parties if you have given your express consent pursuant to Art. 6 para. 1 sentence 1 lit. a GDPR, the disclosure pursuant to Art. 6 para. 1 sentence 1 lit. f GDPR is necessary to assert, exercise or defend legal claims and there is no reason to assume that you have a predominant interest worthy of protection in not disclosing your data, if for the disclosure pursuant to Art. 6 para. 1 lit. 1 lit. f GDPR. 6 para. 1 sentence 1 lit. c GDPR, as well as this is legally permissible and required by Art. 6 para. 1 sentence 1 lit. b GDPR for the processing of contractual relationships with you.

Use of cookies
We use cookies for the operation of our website to make it more user-friendly. Some elements of our website require that the browser can be identified even after a page change.

Cookies are small files that enable the user’s access device (PC, smartphone, etc.) to store specific information relating to the device. They serve, on the one hand, the user-friendliness of web pages and thus the users (e.g. storage of login data). On the other hand, they are used to collect statistical data on the use of the website and to analyse it for improving the offer. Users can influence the use of cookies. Most browsers have an option with which the storage of cookies is restricted or completely prevented. However, it is pointed out that the use and especially the comfort of use are limited without cookies.

The user data collected in this way is pseudonymised by technical precautions. Therefore, it is no longer possible to assign the data to the calling user. The data will not be stored together with other personal data of the users.

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

The purpose of using technically necessary cookies is to simplify the use of websites for users. Some functions of our website cannot be offered without the use of cookies. For this it is necessary that the browser is recognized even after a page change.

The analysis cookies are used to improve the quality of our website and its content. Through the analysis cookies we learn how the website is used and can thus continuously optimize our offer.

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

Partners, so-called cookie providers, can also place cookies on our websites; this serves either to improve our own products and services, as if we had set the cookies ourselves. For example, to understand how our websites are used, we work with analytics partners, including Google and Facebook.

We inform you about the use, scope and type of cookies via cookie banners in our cookie settings edit.

Apart from technically necessary cookies, which may be set on our website due to our legitimate interest (provision of a functioning online service) in accordance with Art 6 para 1 f DSGVO even without your consent, you can actively consent to or reject the use of cookies for marketing purposes before they are set.

For this purpose, we have set up a cookie management tool that explains the cookies we use in more detail (in particular name, purpose, lifespan, provider) when you access the respective website for the first time via a cookie banner. In this tool, you can generally agree to the use of cookies before they are set or make your choice in more detail, depending on the cookie category or even within this cookie category again per cookie/provider. Once you have given your consent and made your selection, you can revoke or change it at any time directly in the Cookie Management Tool via the „edit cookie setting“-button. If additional cookies or cookie providers are added after you have given your consent, a cookie banner will be displayed again and you can also make your active selection. In the cookie content management tool, each cookie provider is named individually and their privacy policies can be called up; you can obtain further information from this, in particular how their cookies can be additionally deactivated.

In addition, you can also specify in your browser settings whether cookies may be set or not. Furthermore, your end device may allow you to control cookies via its settings; please refer to the instructions of your device manufacturer for details on how this works.

If the storage of any cookies that can be consented to is refused, this may lead to functional restrictions on the website(s).

Third-party services
The data controller has integrated the content, services and performance of other providers on the website. These include videos from YouTube and text, graphics and images from other websites. For this data to be called up and displayed in the user’s browser, the transmission of the IP address is absolutely necessary. The providers (hereinafter referred to as „third-party providers“) thus perceive the IP address of the respective user.

Although we make every effort to use only third-party providers who only need the IP address to deliver content, we have no influence on whether the IP address may be stored. In this case, this process is used for statistical purposes, among other things. If we have knowledge that the IP address is stored, we point this out to our users.

Use and application of Google Analytics
The data controller has integrated the Google Analytics component on this website. Google Analytics is a web analytics service. Web analysis is the collection, collection and evaluation of data on the behaviour of visitors to Internet sites. A web analysis service collects, among other things, data on the website from which a person concerned has accessed a website (so-called referrer), which subpages of the website have been accessed or how often and for how long a subpage has been viewed. A web analysis is mainly used to optimize a website and for cost-benefit analysis of Internet advertising.

The Google Analytics component is operated by Google Inc, 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.

The data controller uses the suffix „gat._anonymizeIp“ for the web analysis via Google Analytics. By means of this addition, Google shortens and anonymizes the IP address of the Internet connection of the person concerned when accessing our Internet pages from a member state of the European Union or from another state party to the Agreement on the European Economic Area.

The purpose of the Google Analytics component is to analyse the flow of visitors to our website. Google uses the data and information collected to evaluate the use of our website, among other things, to compile online reports for us that show the activities on our website and to provide other services in connection with the use of our website.

Google Analytics places a cookie on the information technology system of the person concerned. What cookies are has already been explained above. By setting the cookie, Google is enabled to analyse the use of our website. Each time one of the individual pages of this website is called up, which is operated by the data controller and on which a Google Analytics component has been integrated, the Internet browser on the information technology system of the person concerned 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 personal data, such as the IP address of the person concerned, which serves Google, among other things, to trace the origin of visitors and clicks and subsequently enable commission statements.

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

The person concerned can prevent the setting of cookies by our website at any time, as already described above, by means of an appropriate setting of the Internet browser used and thus permanently object to the setting of cookies. Such a setting of the Internet browser used would also prevent Google from placing a cookie on the information technology system of the person concerned. In addition, a cookie already set by Google Analytics can be deleted at any time via the Internet browser or other software programs.

Furthermore, it is possible for the person concerned to object to and prevent the collection of data generated by Google Analytics relating to the use of this website and the processing of this data by Google or the person may revoke their consent or object against this specific data processing activity. To do this, the person concerned must download and install a browser add-on from the link https://tools.google.com/dlpage/gaoptout This browser add-on informs Google Analytics via JavaScript that no data and information on visits to websites may be transmitted to Google Analytics. The installation of the browser add-on is considered a contradiction by Google. If the person’s information technology system is deleted, formatted or reinstalled later, the person concerned must reinstall the browser add-on to disable Google Analytics. If the browser add-on is uninstalled or deactivated by the person concerned or another person within their control, it is possible to reinstall or reactivate the browser add-on.

Further information and Google’s current privacy policy can be found at https://www.google.de/intl/de/policies/privacy/ and http://www.google.com/analytics/terms/de.html Google Analytics will be explained in more detail under this link https://www.google.com/intl/de_en/analytics/.

Use and application of YouTube
We have integrated components from YouTube on our website. YouTube is an Internet video portal that allows video publishers to post video clips and other users to view, rate and comment on them free of charge. YouTube allows the publication of all types of videos, which is why complete film and television programmes, music videos, trailers or videos produced by users themselves can be called up via the Internet portal.

YouTube is operated by YouTube, LLC, 901 Cherry Ave, San Bruno, CA 94066, USA. YouTube, LLC is a subsidiary of Google Inc, 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.

If the person concerned is logged on to YouTube at the same time, YouTube recognizes which specific subpage of our website the person concerned visits by calling up a subpage that contains a YouTube video. This information is collected by YouTube and Google and assigned to the respective YouTube account of the person concerned.

YouTube and Google receive information via the YouTube component that the person concerned has visited our website whenever the person concerned is logged on to YouTube at the same time as accessing our website; this happens regardless of whether the person concerned clicks on a YouTube video or not. If such a transmission of this information to YouTube and Google is not desired by the person concerned, this can prevent the transmission by logging out of their YouTube account before calling our website.

The data protection regulations published by YouTube, which can be accessed at https://www.google.de/intl/de/policies/privacy/, provide information about the collection, processing and use of personal data by YouTube and Google.

Additional information about Facebook & LinkedIn
For the display of customized advertising information, Facebook Ads and LinkedIn Ads may also be activated with your consent. The user-related information will be stored on servers in the European Union (Ireland) as well as in third countries. This information is stored for 90 days.

Facebook and LinkedIn Pixel allow us to check if users were redirected to our website after having clicked on a Facebook or LinkedIn ad. Among other processes, Facebook and LinkedIn Pixel use cookies, which are small text files that are stored locally in your web browser’s cache memory on your device. If you have logged on to Facebook or LinkedIn with your user account, your visit to our online offerings will be registered in your user account. All data collected about you is anonymous for us and therefore will not allow us to identify users. However Facebook and LinkedIn can associate this data with your user account on these platforms.

Personal information will be saved on servers located both in the European Union (Ireland) and in third countries. These saved cookies can remain in place for up to 2 years. For additional information about Facebook’s privacy policy, please visit: https://www.facebook.com/privacy/explanation. Information about LinkedIn’s privacy policy is available here:  https://de.linkedin.com/legal/privacy-policy.

After you have given your consent and made your selection, you can revoke or change these „cookie settings“ at any time by using our cookie management tool.

Use and application of Mailchimp

You may subscribe to our newsletter by clicking on the “Subscribe” button on our website. Your name, email-address and IP address will then be processed by a service called “Mailchimp”. Mailchimp is an online marketing platform operated by The Rocket Science Group LLC, a company headquartered in the State of Georgia in the United States.

Mailchimp enables us to send and manage email campaigns across channels and serve advertisements. Mailchimp may use various technologies to collect and store data when you subscribe to our newsletter. This may include using cookies and similar tracking technologies, such as pixels, web beacons. For example, web beacons are used in the newsletter emails, which enable us to track certain behavior, such as whether the email sent through Mailchimp was delivered and opened and whether links within the email were clicked. Such tracking technology allows Mailchimp to collect information such as your IP address, browser, email client type and other similar data. Mailchimp uses this information to measure the performance of our email campaigns, to provide analytics information and enhance the effectiveness of the newsletter.

Personal information will be saved on servers located in the United States. These saved cookies can remain in place for up to 2 years. For additional information about Mailchimp’s privacy policy, please visit: Mailchimp’s Privacy Policy | Mailchimp.

After you have given your consent and made your selection, you can revoke or change these „cookie settings“ at any time by using our cookie management tool.

Data protection for applications and in the application process

We collect and process the personal data of applicants for handling the application procedure. Processing may also be carried out electronically. This is particularly the case if an applicant submits corresponding application documents to us by electronic means, for example by e-mail or via a web form on the website. If we conclude an employment contract with an applicant, the data transferred will be stored for processing the employment relationship in compliance with the statutory provisions. If we do not conclude an employment contract with the applicant, the application documents will be automatically deleted two months after notification of the rejection decision, provided that no other legitimate interests on our part stand in the way of deletion. Other legitimate interest in this sense is, for example, a burden of proof in proceedings under the General Equal Treatment Act (AGG).

Rights of the data subject

You have the right:

(1) to request information about your personal data processed by us in accordance with Art. 15 GDPR. In particular, you may request information about the purposes of processing, the category of personal data, the categories of recipients to whom your data have been or will be disclosed, the planned storage period, the existence of a right to rectification, deletion, restriction of processing or objection, the existence of a right of appeal, the origin of your data, if these have not been collected by us, and the existence of automated decision-making including profiling and, if applicable, meaningful information on their details;

(2) to immediately request the correction of incorrect or complete personal data stored by us in accordance with Art. 16 GDPR;

(3) to request the deletion of your personal data stored by us in accordance with Art. 17 GDPR, unless the processing is necessary to exercise the right to freedom of expression and information, to fulfil a legal obligation, for reasons of public interest or to assert, exercise or defend legal claims;

(4) pursuant to Art. 18 GDPR, to restrict the processing of your personal data if you dispute the accuracy of the data, if the processing is unlawful but you refuse to delete the data and we no longer need the data, but you need it to assert, exercise or defend legal claims or you have filed an objection to the processing pursuant to Art. 21 GDPR;

(5) to receive your personal data, which you have provided to us, in a structured, current and machine-readable format in accordance with Art. 20 GDPR or to request the transmission to another person responsible;

(6) to revoke your consent to us at any time pursuant to Art. 7 para. 3 GDPR. As a result, we are no longer allowed to continue processing data based on this consent in the future and

(7) to complain to a supervisory authority pursuant to Art. 77 GDPR. As a rule, you can contact the supervisory authority of your usual place of residence or workplace or our office.

Right of objection

You have the right:

(1) to request information about your personal data processed by us in accordance with Art. 15 GDPR. In particular, you may request information about the purposes of processing, the category of personal data, the categories of recipients to whom your data have been or will be disclosed, the planned storage period, the existence of a right to rectification, deletion, restriction of processing or objection, the existence of a right of appeal, the origin of your data, if these have not been collected by us, and the existence of automated decision-making including profiling and, if applicable, meaningful information on their details;

(2) to immediately request the correction of incorrect or complete personal data stored by us in accordance with Art. 16 GDPR;

(3) to request the deletion of your personal data stored by us in accordance with Art. 17 GDPR, unless the processing is necessary to exercise the right to freedom of expression and information, to fulfil a legal obligation, for reasons of public interest or to assert, exercise or defend legal claims;

(4) pursuant to Art. 18 GDPR, to restrict the processing of your personal data if you dispute the accuracy of the data, if the processing is unlawful but you refuse to delete the data and we no longer need the data, but you need it to assert, exercise or defend legal claims or you have filed an objection to the processing pursuant to Art. 21 GDPR;

(5) to receive your personal data, which you have provided to us, in a structured, current and machine-readable format in accordance with Art. 20 GDPR or to request the transmission to another person responsible;

(6) to revoke your consent to us at any time pursuant to Art. 7 para. 3 GDPR. As a result, we are no longer allowed to continue processing data based on this consent in the future and

(7) to complain to a supervisory authority pursuant to Art. 77 GDPR. As a rule, you can contact the supervisory authority of your usual place of residence or workplace or our office.

Right of objection

You have the right to object at any time, for reasons arising from your particular situation, to the processing of personal data concerning you under Article 6(1)(e) or (f) of the GDPR; this also applies to profiling based on these provisions.

The data controller no longer processes the personal data concerning you, unless he can prove compelling reasons worthy of protection 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 concerning you are processed for direct marketing purposes, you have the right to object at any time to the processing of the personal data concerning you for such advertising; this also applies to profiling, insofar as it is associated with such direct marketing.

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

You have the possibility to exercise your right of objection in connection with the use of Information Society services by means of automated procedures using technical specifications, notwithstanding Directive 2002/58/EC.

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 does not apply if the decision

(1) is necessary for the conclusion or performance of a contract between you and the person responsible,

(2) the legislation of the Union or of the Member States to which the person responsible is subject is admissible and that legislation contains appropriate measures to safeguard your rights, freedoms and legitimate interests; or

(3) with your express 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.

In the cases referred to in (1) and (3), the person responsible shall take reasonable measures to safeguard your rights, freedoms and legitimate interests, including at least the right to obtain the intervention of a person by the person responsible, to state his own position and to challenge the decision.

Data integrity

We use the most common SSL (Secure Socket Layer) method in connection with the highest level of encryption supported by your browser. Usually this is a 256 bit encryption. If your browser does not support 256-bit encryption, we use 128-bit v3 technology instead. Whether a single page of our website is transmitted in encrypted form is indicated by the closed display of the key or lock symbol in the lower status bar of your browser.

We also use suitable technical and organisational security measures to protect your data against accidental or intentional manipulation, partial or complete loss, destruction or unauthorised access by third parties. Our security measures are continuously improved in line with technological developments.

Up-to-dateness and amendment of this data protection declaration

This data protection declaration is currently valid and has the status as of December 2021.

Due to the further development of our website and offers above or due to changed legal or official requirements, it may become necessary to change this data protection declaration. You can retrieve and print out the current data protection declaration at any time via this address.

SMETS TECHNOLOGY GMBH

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