Name and contact details of controller pursuant to Article 4 (7) GDPR
Maglite Europe GmbH & Co. KG
Security and protection of your personal data
We consider it our overriding duty to ensure the confidentiality of personal data provided by you and to protect such data from unauthorised access. To this end, we apply the utmost diligence and state-of-the-art security standards to guarantee the maximum protection of your personal data.
As a company governed by private law we are subject to the provisions of the European General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG). We have implemented technical and organisational measures to ensure that data protection regulations are observed on our part and also by our external service providers.
The legislator requires that personal data are processed lawfully, fairly and in a transparent manner in relation to the data subject (‘lawfulness, fairness and transparency’). To fulfil this requirement the following provides you with details of the individual statutory definitions, which are also used in this privacy statement:
- Personal data
‘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.
- Restriction of processing
‘Restriction of processing’ means the marking of stored personal data with the aim of limiting their processing in the future.
‘Profiling’ means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
‘Pseudonymisation’ means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data cannot be attributed to an identified or identifiable natural person.
- Filing system
‘Filing system’ means any structured set of personal data which are accessible according to specific criteria, whether centralised, decentralised or dispersed on a functional or geographical basis.
‘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.
‘Processor’ means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
‘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.
- Third party
‘Third party’ means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
‘Consent’ of the data subject means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
Lawfulness of processing
Processing of personal data is only lawful if a commensurate legal basis applies. Specifically, pursuant to Article 6 (1) (a) – (f) GDPR legal basis for processing can be where:
- the data subject has given consent to the processing of his or her personal data for one or more specific purposes;
- 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;
- processing is necessary for compliance with a legal obligation to which the controller is subject;
- processing is necessary in order to protect the vital interests of the data subject or of another natural person;
- processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
- processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
Information on the collection of personal data
(1) The following provides you with information on the collection of personal data when using our website. Personal data include, for example, name, address, email addresses, user behaviour.
(2) When you contact us by email or using a contact form, we store the data provided by you (your email address, possibly your name and telephone number) for the purposes of answering your questions. Data collected in this manner is erased once storage is no longer necessary or processing is restricted by statutory retention requirements.
Collection of personal data when using our website
Where your use of the website is purely for information, without registration or submitting any other information, we collect solely the personal data transmitted by your browser to our server. If you wish to view our website, we will collect the following data technically required by us to display the website and ensure commensurate stability and security (legal basis is Art. 6 (1) (f) GDPR:
- IP address
- Date and time of request
- Time zone difference to Greenwich Mean Time (GMT)
- Content of request (specific page)
- Access status/HTTP status code
- Data volume respectively transmitted
- Website from which the request is sent
- Operating system and its interface
- Language and version of browser software
(1) In addition to the aforestated data, cookies will also be stored on your computer as a result of using our website. Cookies are small text files that are stored on your hard drive by the browser you use and send certain information to the service provider that placed the cookie. Cookies cannot execute programs or transfer viruses to your computer. They serve to make Internet services more user-friendly and effective as a whole.
(2) This website uses the following types of cookies, the extent and functionality of which are explained below:
- Transient cookies (see a.)
- Persistent cookies (see b.).
- Transient cookies are automatically deleted when you close your browser. In particular, these include session cookies that store a so-called session ID, through which various requests by your browser are allocated to the joint session. This enables your computer to be recognised again when revisiting our website. The session cookies are deleted when you log off or close the browser.
- Persistent cookies are automatically deleted after a predetermined period that may differ according to the individual cookie. You can delete cookies at any time using your browser security settings.
- You can configure your browser settings according to preference and, for example, reject acceptance of third-party cookies or all cookies. So-called ‘third party cookies’ are cookies placed by a third party and, consequently, not by the actual website currently being visited. Please note that deactivation of cookies may mean you are unable to use all the functions of this website.
Additional functions and services on our website
(1) In addition to the purely informational use of our website, we also offer a range of services for use where desired. Use of these services generally requires the provision of additional personal data that we use to render the respective service and which is subject to the aforestated data processing principles.
(2) In some cases we use external service providers to process your data. These providers are carefully selected and nominated by us, bound by our directives and also regularly controlled.
(3) We may also pass your personal data to third parties if sales promotions, competitions, contract conclusions or similar services are offered by us in cooperation with partners. Further information on this can be obtained when providing your personal data or is available below in the service offer description.
(4) Where our service providers or partners are domiciled in a state outside the European Economic Area (EEA), you will be notified of the commensurate consequences in the service offer description.
Our services are essentially intended for adults. Persons under the age of 18 should not transmit personal data to us without parental or legal-guardian approval.
Rights of the data subject
(1) Withdrawal of consent
Insofar as the processing of personal data is based on granted consent, you have the right to withdraw your consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
You may contact us at any time to exercise the right of withdrawal.
(2) Right to confirmation
You have the right to obtain from the controller confirmation as to whether or not personal data concerning you are being processed. You can request such confirmation at any time using the aforestated contact details.
(3) Right of access
Insofar as personal data pertaining to you is processed, you may, at any time, request access to this personal data and the following information:
- the purposes of the processing;
- the categories of personal data concerned;
- the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
- where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
- the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;
- the right to lodge a complaint with a supervisory authority;
- where the personal data are not collected from the data subject, any available information as to their source;
- the existence of automated decision-making, including profiling, referred to in Article 22 (1) and (4) GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
Where personal data are transferred to a third country or to an international organisation, you have the right to be informed of the appropriate safeguards pursuant to Article 46 GDPR relating to the transfer. We will provide a copy of the personal data undergoing processing. For any further copies requested by you, we may charge a reasonable fee based on administrative costs. Where you furnish the request by electronic means, and unless otherwise requested on your part, the information shall be provided in a commonly used electronic form. The right to obtain a copy referred to in paragraph 3 shall not adversely affect the rights and freedoms of others.
(4) Right to rectification
You have the right to obtain from us without undue delay the rectification of inaccurate personal data concerning you. Taking into account the purposes of the processing, you have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
(5) Right to erasure (‘right to be forgotten’)
You have the right to obtain from us the erasure of personal data concerning you without undue delay and we are obliged to erase personal data without undue delay where one of the following grounds applies:
- the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
- the data subject withdraws consent on which the processing is based according to point (a) of Article 6 (1), or point (a) of Article 9 (2) GDPR, and where there is no other legal ground for the processing.
- the data subject objects to the processing pursuant to Article 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21 (2) GDPR.
- the personal data have been unlawfully processed.
- the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
- the personal data have been collected in relation to the offer of information society services referred to in Article 8 (1) GDPR.
Where the controller has made the personal data public and is obliged pursuant to paragraph 1 to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data.
The right to erasure (‘right to be forgotten’) shall not apply to the extent that processing is necessary:
- for exercising the right of freedom of expression and information;
- for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
- for reasons of public interest in the area of public health in accordance with points (h) and (i) of Article 9 (2) as well as Article 9 (3) GDPR;
- for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89 (1) GDPR insofar as the right referred to in paragraph 1 is likely to render impossible or seriously impair the achievement of the objectives of that processing, or
- for the establishment, exercise or defence of legal claims.
(6) Right to restriction of processing
You have the right to require that we restrict the processing of your personal data where one of the following applies:
- the accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data,
- the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead;
- the controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims, or
- the data subject has objected to processing pursuant to Article 21 (1) GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
Where processing has been restricted in accordance with the aforestated provisions, such personal data shall, with the exception of storage, only be processed with the data subject’s consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.
To assert the right to restriction of processing, the data subject may contact us at any time using the aforestated contact details.
(7) Right to data portability
You have the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where:
- the processing is based on consent pursuant to point (a) of Article 6 (1) or point (a) of Article 9 (2) or on a contract pursuant to point (b) of Article 6 (1) GDPR, and
- the processing is carried out by automated means.
In exercising the right to data portability pursuant to paragraph 1, you have the right to have the personal data transmitted directly from one controller to another, where technically feasible. Exercise of the right to data portability shall be without prejudice to the right to erasure (‘right to be forgotten’). That right shall not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
(8) Right to object
You have the right to object, on grounds relating to your own particular situation, at any time to processing of personal data concerning you which is based on point (e) or (f) of Article 6 (1), including profiling based on those provisions. The controller shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims.
Where personal data are processed for direct marketing purposes, you have the right to object at any time to processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing. Where you object to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes.
In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you may exercise your right to object by automated means using technical specifications.
Where personal data are processed for scientific or historical research purposes or statistical purposes pursuant to Article 89 (1), on grounds relating to your particular situation, you have the right to object to processing of personal data concerning you, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
You can exercise the right to object at any time by contacting the respective controller.
(9) Automated individual decision-making, including profiling
You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. This shall not apply if the decision:
- is necessary for entering into, or performance of, a contract between you and a data controller,
- is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or
- is based on the data subject’s explicit consent.
The data controller shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision.
The data subject can exercise this right at any time by contacting the respective controller.
(10) Right to lodge a complaint with a supervisory authority
Without prejudice to any other administrative or judicial remedy, 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 if you consider that the processing of personal data relating to you infringes this Regulation.
(11) Right to effective judicial remedy
Without prejudice to any available administrative or non-judicial remedy, including the right to lodge a complaint with a supervisory authority pursuant to Article 77, you have the right to an effective judicial remedy where you consider that your rights under this Regulation have been infringed as a result of the processing of your personal data in non-compliance with this Regulation.
Use of Google Analytics
(1) This website uses Google Analytics, a web analysis service of Google Inc. (‘Google’). Google Analytics uses so-called ‘cookies’, text files that are stored on your computer to enable analysis of your use of the website. Information generated by the cookie regarding your use of the website is generally transmitted to a Google server in the USA and stored there. Within member states of the European Union or other states that are party to the European Economic Area Agreement, if IP anonymisation is activated on this website Google will first truncate your IP address. Only in exceptional cases will the full IP address be passed to and truncated by Google on a server in the USA. On behalf of the operator of this website, Google will use this information to analyse your use of the website, create reports on website activity and provide additional services associated with use of the website and the Internet to the website operator.
(2) The IP address sent from your browser within the scope of Google Analytics will not be combined with other Google data.
(3) You can prevent the storage of cookies by setting your browser software accordingly; however, please be aware that this may mean you are unable to use the full functionality of the website. You can also prevent the collection and processing by Google of data generated by the cookie regarding your use of the website (including your IP address) by downloading and installing the browser plug-in available under the following link: http://tools.google.com/dlpage/gaoptout?hl=de.
(4) This website uses Google Analytics with the extension ‘_anonymizeIp()’, with the result that IP addresses are processed in truncated form to prevent individual persons being identified. Should any data concerning you become personally identifiable, this action will be instantly precluded and the commensurate personal data immediately erased.
(5) We use Google Analytics to analyse use of our website and facilitate regular improvement. The statistical information obtained is used to enhance our services and make them more appealing for you as the user. For the exceptional cases where personal data is transmitted to the USA, Google has agreed to comply with the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework. The commensurate legal basis for use of Google Analytics is provided under Art. 6 (1) (f) GDPR.
http://www.google.com/analytics/terms/de.html, data privacy overview: http://www.google.com/intl/de/analytics/learn/privacy.html, and privacy statement: http://www.google.de/intl/de/policies/privacy.
(7) This website also uses Google Analytics for cross-device analysis of visitor flows carried out via a user ID. You can deactivate cross-device analysis of your use in your customer account under ‘My data’, ‘Personal data’.