The following privacy declaration is applies to https://www.phywe.eu/ and https://www.phywe.com/ („Website“).
Welcome to our website. We are happy about your interest! We at PHYWE Systeme GmbH & Co. KG are committed to protecting the privacy of our customers. This document outlines the types of personal data we receive and collect when you visit our site and how we safeguard that information.
By using our website you consent to the collection and processing of your data according to this privacy declaration.
1. Name and residence of the controller
Controller in terms of GDPR is:
PHYWE Systeme GmbH und Co. KG
Tel: +49 (0)551 604 - 0
Fax: +49 (0)551 604 - 107
CEO: Klaus Elias
Executive Partner: Rolf Lucas-Nülle
2. Name and residence of the data protection officer
If you have any questions about this privacy declaration, you can consult our data protection officer:
PHYWE Systeme GmbH und Co. KG
Tel: +49 (0)551 604 - 0
Fax: +49 (0)551 604 - 107
3. Scope of processing personal data
We only process personal data of our users in so far as this is necessary for the provision of a functional website as well as our content and services. The processing of personal data of our users takes place only with the consent of the user. An exception applies in cases in which prior consent for reasons of fact is not possible and the processing of the data is permitted by legal regulations.
4. Legal basis for the processing of personal data
Insofar as we obtain the consent of the data subject for the processing of personal data, Art. 6 para. 1 lit. a EU General Data Protection Regulation (GDPR) as the legal basis.
Art. 6 para. 1 lit. b GDPR is used as legal basis in the processing of personal data required for the fulfillment of a contract of which the data subject is a party. This also applies to processing operations required to perform pre-contractual action.
Where processing of personal data is necessary to fulfill a legal obligation to which our company is subject, Art. 6 Para. 1 lit. c GDPR applies as legal basis.
In the event that vital interests of the data subject or of another natural person require the processing of personal data, Art. 6 para. 1 lit. d GDPR is used as legal basis.
If processing is necessary to safeguard the legitimate interests of our company or a third party, and if the interest, fundamental rights and fundamental freedoms of the person concerned do not prevail over the first interest, Art. 6 para. 1 lit. f GDPR is used as legal basis for processing.
5. Data deletion and storage duration
The personal data of the data subject shall be deleted or blocked as soon as the purpose of the storage ceases. It may also be stored if provided for by the European or national legislator in EU regulations, laws or other regulations to which the controller is subject. A blocking or deletion of the data shall also take place if a storage period prescribed by the said standards expires, unless there is a need for further storage of the data for a conclusion of the contract or a performance of a contract.
6. Collection and processing of log data
When visiting our website and every time a subpage or file is accessed, our web server collects the following protocol information about these matters: IP address, date and time of retrieval, page (s) visited, browser type and version, operating system, Internet service -provider.
All of this information is not personally evaluated by us, but is used for the correct delivery of the site, the optimization of the content and services, the performance of the functionality and the security against cyberattacks.
The data of the Server log files are stored separately from other personal data and are not linked to them.
The storage of cookies can be permanently or temporarily contradicted at any time via the corresponding settings in the respective browser used.
8. Google Analytics
This website uses Google Analytics, a web analytics service provided by Google Inc. (1600 Amphitheatre Parkway Mountain View, CA 94043, USA; „Google“).
Google Analytics uses so-called "cookies", text files that are stored on your computer and that allow to analyze the use of the website by you. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there. However, through IP anonymisation on this website, your IP address will be shortened and anonymized within Member States of the European Union or in other Contracting States to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be sent to a Google server in the United States and will be blacklisted. The IP address transmitted by Google Analytics will not be merged with other Google data. On behalf of the operator of this website, PHYWE Systeme GmbH & Co. KG, Google will use this information to evaluate your use of the website, to compile reports on website activity, and to provide other services related to website activity and internet usage to the website operator. These evaluations are required to protect the legitimate interest of the website operator. The legal basis for this is Art. 6 para. (1) sentence f) GDPR. The data is automatically deleted after 14 months.
You can prevent the storage of cookies by setting your browser software accordingly; however, please note that in this case you may not be able to use all features of this website to your fullest extent. In addition, you may prevent the collection by Google of data generated by the cookie and related to your use of the website (including your IP address) as well as the processing of this data by Google by using the following link (http://tools.google.com/dlpage/gaoptout?hl=en) and downloading and installing the available browser plugin. Finally, you can prevent the collection of your data via an opt-out cookie. To set the cookie, you can click the following link: Disable Google Analytics. To prevent tracking across different devices, you must do the above settings on each device.
9. Embedded YouTube videos
On some of our websites we offer videos. If the subject decides to open it, the video will be provided by a third party from an external server. Operator is the YouTube LLC (901 Cherry Ave., San Bruno, CA 94066, USA; „YouTube“).
When a video is demanded, YouTube will be notified which page is visited. If the person is logged in to a YouTube account, YouTube can assign the personal surfing behavior. This can be prevented by logging out of your YouTube account beforehand. A cookie is set that collects clues about user behavior. You prevent this by disabling the storage of cookies for the Google Ad program. Alternatively, you can also block the storage of cookies in the browser. You may also block additional cookies that YouTube stores when using videos to provide the service.
10. Contact by e-mail or contact form
When you contact us via email or contact form, we will store and use your personal data to process your request and possible further queries. Any more use of the data only takes place if you consent to it or if this is legally permissible without your consent. There is no transfer of the data to third parties.
On our website it is possible to register by providing personal data. The storage and processing of the data serves the functionality of the webshop and is necessary for the performance of pre-contractual measures and the fulfillment of the contract at the time of purchase.
12. Newsletter / Inxmail
On our website it is possible to subscribe to a free newsletter. After registration for the newsletter, the data from the input mask will be transmitted to us. Furthermore, the IP address, date and time of registration are stored in order to prove the user's consent and to prevent misuse of the service and the e-mail address. You may revoke your consent to receive the newsletter and to the processing of your data at any time by e-mail or through the link at the end of each newsletter.
For the dispatch of the newsletter we use services of the Inxmail GmbH (Wentzingerstr 17, D-79106 Freiburg / GERMANY; „Inxmail“). The newsletter uses so-called newsletter tracking (also called web beacons or tracking pixels). The pixel sized file is retrieved from the server of Inxmail at the opening of the newsletter and records the IP address and the time in addition to certain technical data of the recipient (eg information about the browser, e-mail client and system) of the call. The statistical surveys also include determining whether newsletters are opened and which links are clicked. This information is collected anonymously; there is no assignment of click behavior to a specific newsletter recipient.
13. Your rights
You have the following explicit rights in connection with the data processing by PHYWE Systeme GmbH & Co. KG. If you wish to claim any of these rights, please contact us by e-mail or post to the address given in point 1.
a) Right of access
You have the right to obtain confirmation as to whether or not personal data concerning you are being processed, and, where that is the case, access to the personal data and the following information:
(1) the purposes of and legal basis for the processing;
(2) the categories of personal data concerned;
(3) 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;
(4) where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
(5) 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;
(6) the right to lodge a complaint with a supervisory authority;
(7) where the personal data are not collected from the data subject, any available information as to their source;
(8) 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..
b) Right to rectification
You have the right to obtain from the controller 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.
c) Right to erasure (‘right to be forgotten’)
I. You have the right to obtain the erasure of personal data concerning you without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies:
(1) the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
(2) 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;
(3) 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;
(4) the personal data have been unlawfully processed;
(5) 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;
(6) the personal data have been collected in relation to the offer of information society services referred to in Article 8(1) GDPR.
II. 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.
III. Paragraphs I. and II. shall not apply to the extent that processing is necessary:
(1) for exercising the right of freedom of expression and information;
(2) 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;
(3) 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);br> (4) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) in so far as the right referred to in paragraph 1 is likely to render impossible or seriously impair the achievement of the objectives of that processing; orbr> (5) for the establishment, exercise or defence of legal claims.
d) Right to restriction of processing
You have the right to obtain from the controller restriction of processing where one of the following applies:
(1) 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;
(2) the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead;
(3) 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;
(4) 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 under paragraph 1, 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.
A data subject who has obtained restriction of processing pursuant to paragraph 1 shall be informed by the controller before the restriction of processing is lifted.
e) Right of notification
The controller shall communicate any rectification or erasure of personal data or restriction of processing carried out in accordance with Article 16, Article 17(1) and Article 18 GDPR to each recipient to whom the personal data have been disclosed, unless this proves impossible or involves disproportionate effort. The controller shall inform the data subject about those recipients if the data subject requests it.
f) Right to data portability
You have the right to receive the personal data concerning you, which you have provided to a controller, 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:
(1) 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); and
(2) the processing is carried out by automated means.
In exercising his or her right to data portability, the data subject shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible.
g) Right to object
You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on point (e) or (f) of Article 6(1) GDPR, 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.
h) Right to revoke the data protection consent
You have the right to revoke your consent to this privacy declaration at any time. The revocation of consent does not invalidate the legality of the processing carried out on the basis of the consent until the revocation.
14. Subject to change