Privacy

This is a courtesy translation. The German version of this privacy policy is the binding one.

1. Data protection at a glance

General information

The following information provides a simple overview of what happens to your personal data when you visit this website. Personal data is any data that can be used to identify you personally. Detailed information on data protection can be found in the privacy policy set out below this text.

Data collection on this website

Who is responsible for data collection on this website?
Data processing on this website is carried out by the website operator. You will find their contact details in the section “Information on the controller” in this privacy policy.

How do we collect your data?
Some data is collected when you provide it to us — for example data you enter in a contact form. Other data is collected automatically or with your consent by our IT systems when you visit the website. This is primarily technical data (e.g. internet browser, operating system or time of the page view). It is collected automatically as soon as you enter this website.

What do we use your data for?
Part of the data is collected to ensure the website is provided without errors. Other data may be used to analyse your user behaviour. Where contracts can be concluded or initiated via the website, the transmitted data is also processed for contract offers, orders or other enquiries.

What rights do you have regarding your data?
You have the right at any time to obtain information free of charge about the origin, recipients and purpose of your stored personal data. You also have the right to request that this data be corrected or deleted. If you have given consent to data processing, you can withdraw that consent at any time with future effect. You also have the right, under certain circumstances, to request the restriction of the processing of your personal data. Furthermore, you have a right to lodge a complaint with the competent supervisory authority. You can contact us at any time regarding this and any other questions on data protection.

2. Hosting

External hosting

This website is hosted by Cloudflare. The provider is Cloudflare, Inc., 101 Townsend St., San Francisco, CA 94107, USA (“Cloudflare”). Personal data collected on this website is stored on Cloudflare's servers. This may include IP addresses, contact requests, meta and communication data, contract data, contact details, names, website access data and other data generated via a website.

Cloudflare operates a globally distributed network (content delivery network). For technical reasons, traffic between your browser and this website is routed through Cloudflare's infrastructure. This enables Cloudflare to analyse that traffic in order to detect and fend off faults and attacks — in particular denial-of-service (DDoS) attacks — and to deliver content faster. For this purpose Cloudflare may also use cookies or comparable recognition technologies, which serve that purpose alone.

Cloudflare is used for the purpose of fulfilling our contract with our potential and existing customers (Art. 6(1)(b) GDPR) and in the interest of secure, fast and efficient provision of our online offering by a professional provider (Art. 6(1)(f) GDPR). Where consent has been requested, processing takes place exclusively on the basis of Art. 6(1)(a) GDPR and § 25(1) TDDDG. Consent can be withdrawn at any time.

Cloudflare will only process your data to the extent necessary to fulfil its performance obligations and will follow our instructions with regard to this data. For details, see Cloudflare's privacy policy: https://www.cloudflare.com/privacypolicy/ .

Data processing agreement

We have concluded a data processing agreement (DPA) with Cloudflare. This is a contract required by data protection law, ensuring that Cloudflare processes the personal data of our website visitors only in accordance with our instructions and in compliance with the GDPR. The text is available at: https://www.cloudflare.com/cloudflare-customer-dpa/ .

Data transfer to the USA

Cloudflare is based in the USA and operates data centres worldwide. Processing of your data outside the EU, in particular in the USA, can therefore not be ruled out. Such transfers are based on the European Commission's Standard Contractual Clauses and on Cloudflare's certification under the EU-U.S. Data Privacy Framework. Cloudflare's representative in Germany is Cloudflare Germany GmbH, c/o Design Offices München Atlas, Rosenheimer Straße 143C, 81671 München.

3. General information and mandatory disclosures

Data protection

The operators of these pages take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with statutory data protection regulations and this privacy policy.

When you use this website, various personal data is collected. Personal data is data that can be used to identify you personally. This privacy policy explains what data we collect and what we use it for. It also explains how and for what purpose this happens.

We would like to point out that data transmission over the internet (e.g. communication by e-mail) can have security gaps. Complete protection of data against access by third parties is not possible.

Information on the controller

The controller responsible for data processing on this website is:

GMS Germany GmbH
Albert-Schäffler-Str. 4
74080 Heilbronn, Germany

Phone: +49 7131 649 80 80
E-mail: info@gmsgermany.com

The controller is the natural or legal person who alone or jointly with others decides on the purposes and means of processing personal data (e.g. names, e-mail addresses, etc.).

Storage period

Unless a more specific storage period is stated within this privacy policy, your personal data will remain with us until the purpose for processing no longer applies. If you assert a justified request for deletion or withdraw your consent to data processing, your data will be deleted unless we have other legally permissible reasons for storing it (e.g. retention periods under tax or commercial law); in the latter case, deletion takes place once those reasons no longer apply.

General information on the legal bases for data processing on this website

If you have consented to data processing, we process your personal data on the basis of Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR where special categories of data pursuant to Art. 9(1) GDPR are processed. In the case of explicit consent to the transfer of personal data to third countries, processing is also based on Art. 49(1)(a) GDPR. If you have consented to the storage of cookies or to access to information on your device (e.g. via device fingerprinting), processing is additionally based on § 25(1) TDDDG. Consent can be withdrawn at any time. If your data is required for the performance of a contract or for pre-contractual measures, we process it on the basis of Art. 6(1)(b) GDPR. We also process your data where it is necessary to fulfil a legal obligation, on the basis of Art. 6(1)(c) GDPR. Processing may further be based on our legitimate interest pursuant to Art. 6(1)(f) GDPR. The relevant legal bases in each individual case are set out in the following sections of this privacy policy.

Data protection officer

We have appointed a data protection officer.

GMS Germany GmbH
– Data Protection Officer –
Albert-Schäffler-Str. 4
74080 Heilbronn, Germany

https://bdsg38.de
Phone: +49 (0) 7131 649 80 80
E-mail: datenschutz@gmsgermany.com

Recipients of personal data

In the course of our business activities, we work with various external parties. This sometimes requires the transfer of personal data to those parties. We only pass on personal data to external parties where this is necessary in the course of fulfilling a contract, where we are legally obliged to do so (e.g. transfer of data to tax authorities), where we have a legitimate interest in the transfer pursuant to Art. 6(1)(f) GDPR, or where another legal basis permits it. Where processors are used, we pass on our customers' personal data only on the basis of a valid data processing agreement. In the case of joint processing, a joint controller agreement is concluded.

Withdrawal of your consent to data processing

Many data processing operations are only possible with your express consent. You can withdraw consent you have already given at any time. The lawfulness of the data processing carried out up to the point of withdrawal remains unaffected. You can adjust or withdraw your consent to non-essential cookies at any time via the “Cookie Settings” link in the footer.

Right to object to data collection in special cases and to direct advertising (Art. 21 GDPR)

IF DATA PROCESSING IS BASED ON ART. 6(1)(E) OR (F) GDPR, YOU HAVE THE RIGHT AT ANY TIME TO OBJECT TO THE PROCESSING OF YOUR PERSONAL DATA FOR REASONS ARISING FROM YOUR PARTICULAR SITUATION; THIS ALSO APPLIES TO PROFILING BASED ON THESE PROVISIONS. THE RESPECTIVE LEGAL BASIS ON WHICH PROCESSING IS BASED CAN BE FOUND IN THIS PRIVACY POLICY. IF YOU OBJECT, WE WILL NO LONGER PROCESS YOUR PERSONAL DATA CONCERNED UNLESS WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING WHICH OVERRIDE YOUR INTERESTS, RIGHTS AND FREEDOMS, OR THE PROCESSING SERVES TO ASSERT, EXERCISE OR DEFEND LEGAL CLAIMS (OBJECTION PURSUANT TO ART. 21(1) GDPR).

IF YOUR PERSONAL DATA IS PROCESSED FOR DIRECT ADVERTISING PURPOSES, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF PERSONAL DATA CONCERNING YOU FOR THE PURPOSE OF SUCH ADVERTISING; THIS ALSO APPLIES TO PROFILING INSOFAR AS IT IS RELATED TO SUCH DIRECT ADVERTISING. IF YOU OBJECT, YOUR PERSONAL DATA WILL SUBSEQUENTLY NO LONGER BE USED FOR DIRECT ADVERTISING PURPOSES (OBJECTION PURSUANT TO ART. 21(2) GDPR).

Right to lodge a complaint with the competent supervisory authority

In the event of breaches of the GDPR, data subjects have the right to lodge a complaint with a supervisory authority, in particular in the member state of their habitual residence, place of work or the place of the alleged breach. This right exists without prejudice to any other administrative or judicial remedy.

Right to data portability

You have the right to have data that we process automatically on the basis of your consent or in performance of a contract handed over to you or to a third party in a common, machine-readable format. If you request the direct transfer of the data to another controller, this will only be done where technically feasible.

Information, correction and deletion

Within the framework of the applicable statutory provisions, you have the right at any time to free information about your stored personal data, its origin and recipients and the purpose of the data processing and, if applicable, a right to correction or deletion of this data. You can contact us at any time regarding this and other questions about personal data.

Right to restriction of processing

You have the right to request the restriction of the processing of your personal data. You can contact us at any time for this. The right to restriction of processing exists in the following cases:

  • If you dispute the accuracy of your personal data stored by us, we usually need time to verify this. For the duration of the review, you have the right to request the restriction of the processing of your personal data.
  • If the processing of your personal data was or is unlawful, you can request the restriction of data processing instead of deletion.
  • If we no longer need your personal data but you need it to exercise, defend or assert legal claims, you have the right to request restriction of processing instead of deletion.
  • If you have lodged an objection pursuant to Art. 21(1) GDPR, a balance must be struck between your interests and ours. As long as it has not been determined whose interests prevail, you have the right to request the restriction of the processing of your personal data.

If you have restricted the processing of your personal data, this data may — apart from being stored — only be processed with your consent or to assert, exercise or defend legal claims, or to protect the rights of another natural or legal person, or for reasons of important public interest of the European Union or a member state.

SSL/TLS encryption

For security reasons and to protect the transmission of confidential content, this site uses SSL/TLS encryption. You can recognise an encrypted connection by the fact that the browser's address line changes from “http://” to “https://”. When SSL/TLS encryption is active, the data you transmit to us cannot be read by third parties.

4. Data collection on this website

Cookies

Our website uses “cookies”. Cookies are small data packets and do not cause any damage to your device. They are stored on your device either temporarily for the duration of a session (session cookies) or permanently (permanent cookies). Session cookies are automatically deleted at the end of your visit. Permanent cookies remain stored on your device until you delete them yourself or until they are automatically deleted by your web browser.

Cookies may originate from us (first-party cookies) or from third-party companies (third-party cookies). Third-party cookies enable the integration of certain services of third-party companies within web pages.

Cookies serve various functions. Many cookies are technically necessary because certain website functions would not work without them (e.g. the request basket or the display of videos). Other cookies may be used to analyse user behaviour or for advertising purposes.

Cookies that are necessary to carry out the electronic communication process, to provide certain functions you have requested, or to optimise the website (necessary cookies) are stored on the basis of Art. 6(1)(f) GDPR unless another legal basis is specified. The website operator has a legitimate interest in storing necessary cookies for the technically error-free and optimised provision of its services. Where consent to the storage of cookies and comparable recognition technologies has been requested, processing takes place exclusively on the basis of that consent (Art. 6(1)(a) GDPR and § 25(1) TDDDG); consent can be withdrawn at any time.

On your first visit to this website we ask for your consent via a cookie notice. You can consent separately to the Statistics and Marketing categories; technically necessary storage always takes place. We store your choice locally in your browser and you can change or withdraw it at any time via “Cookie Settings” in the footer.

You can set your browser so that you are informed about the setting of cookies and only allow cookies in individual cases, exclude the acceptance of cookies for certain cases or in general, and activate the automatic deletion of cookies when closing the browser. If cookies are deactivated, the functionality of this website may be limited.

Server log files

The provider of the pages automatically collects and stores information in server log files, which your browser automatically transmits to us. These are: browser type and version, operating system used, referrer URL, host name of the accessing computer, time of the server request and IP address. This data is not merged with other data sources.

This data is collected on the basis of Art. 6(1)(f) GDPR. The website operator has a legitimate interest in the technically error-free presentation and optimisation of its website — for this, server log files must be recorded.

Request basket (local storage)

This website offers a request basket that lets you collect products for a later enquiry. The products you select are stored exclusively locally in your browser (local storage) and are not transmitted to us unless you send the enquiry. The legal basis is Art. 6(1)(f) GDPR and § 25(2) no. 2 TDDDG, as this is a function you have expressly requested. You can delete this data at any time by emptying the basket or clearing the website data in your browser.

Contact form

If you send us enquiries via the contact form, your details from the enquiry form, including the contact data you provide there, will be stored by us for the purpose of processing the enquiry and in case of follow-up questions. We do not pass on this data without your consent.

This data is processed on the basis of Art. 6(1)(b) GDPR if your enquiry is related to the performance of a contract or is necessary for pre-contractual measures. In all other cases, processing is based on our legitimate interest in the effective handling of enquiries addressed to us (Art. 6(1)(f) GDPR) or on your consent (Art. 6(1)(a) GDPR) where this has been requested; consent can be withdrawn at any time.

The data you enter in the contact form remains with us until you ask us to delete it, withdraw your consent to storage, or the purpose for storing the data no longer applies (e.g. after your enquiry has been dealt with). Mandatory statutory provisions — in particular retention periods — remain unaffected.

Web3Forms (form delivery)

We use the service “Web3Forms” by Backpack Ventures Inc. to deliver the messages submitted via our contact and enquiry form. When the form is submitted, the data you have entered is transmitted to the provider's servers and forwarded from there to us by e-mail. Your IP address and timestamps may also be processed, in particular to prevent spam and misuse.

The legal basis is Art. 6(1)(b) GDPR where your enquiry serves the initiation or performance of a contract, otherwise Art. 6(1)(f) GDPR (legitimate interest in reliable and abuse-resistant delivery of enquiries). Any transfer to third countries is based on the EU Commission's standard contractual clauses. Further information: https://web3forms.com/privacy .

Enquiry by e-mail, telephone or fax

If you contact us by e-mail, telephone or fax, your enquiry including all resulting personal data (name, enquiry) will be stored and processed by us for the purpose of handling your request. We do not pass on this data without your consent.

This data is processed on the basis of Art. 6(1)(b) GDPR if your enquiry is related to the performance of a contract or is necessary for pre-contractual measures. In all other cases, processing is based on our legitimate interest in the effective handling of enquiries addressed to us (Art. 6(1)(f) GDPR) or on your consent (Art. 6(1)(a) GDPR) where this has been requested; consent can be withdrawn at any time.

The data you send us via contact enquiries remains with us until you ask us to delete it, withdraw your consent to storage, or the purpose for storing the data no longer applies (e.g. after your request has been dealt with). Mandatory statutory provisions — in particular statutory retention periods — remain unaffected.

5. Plugins and tools

YouTube with enhanced privacy mode

This website embeds a video from YouTube. The site is operated by Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland.

The video is not loaded automatically: at first you only see a preview image delivered from our own server. Only when you start the video by clicking is a connection to YouTube's servers established. The YouTube server is then informed which of our pages you have visited. If you are logged into your YouTube account, you enable YouTube to assign your browsing behaviour directly to your personal profile. You can prevent this by logging out of your YouTube account.

We use YouTube in enhanced privacy mode. According to YouTube, videos played in enhanced privacy mode are not used to personalise browsing on YouTube. Ads served in enhanced privacy mode are also not personalised. In enhanced privacy mode, no cookies are set. Instead, local storage elements are stored in the user's browser which, similar to cookies, may contain personal data and can be used for recognition. Details: https://support.google.com/youtube/answer/171780 .

Further data processing operations may be triggered after activating a YouTube video, over which we have no influence.

YouTube is used in the interest of an appealing presentation of our online offering. This constitutes a legitimate interest within the meaning of Art. 6(1)(f) GDPR. Where consent has been requested, processing takes place exclusively on the basis of Art. 6(1)(a) GDPR and § 25(1) TDDDG. Consent can be withdrawn at any time. Further information on data protection at YouTube can be found in their privacy policy: https://policies.google.com/privacy .

Mux (video hosting and streaming)

On individual product pages we embed short, silent videos via the service “Mux”. The provider is Mux, Inc., 1 Letterman Drive, San Francisco, CA 94129, USA.

When such a video is played, a connection to Mux's servers is established. Technically necessary data such as your IP address, information about your browser and device, and playback data is processed so that the video can be delivered and displayed at a suitable quality. The videos contain no advertising and serve solely to present our products.

The use of Mux is in the interest of an appealing and technically reliable presentation of our products and constitutes a legitimate interest within the meaning of Art. 6(1)(f) GDPR. The transfer of data to the USA is based on the standard contractual clauses of the EU Commission. Further information can be found in Mux's privacy policy: https://www.mux.com/privacy .

Typefaces

This website uses the Inter and Manrope typefaces. They are served locally from our own server. No connection is made to Google or any other provider for this purpose, and your IP address is not transmitted to anyone.

WhatsApp

Our website features a button you can use to contact us via WhatsApp. It is a simple link; data is only transmitted to the provider once you click it and are forwarded to WhatsApp. The provider is WhatsApp Ireland Limited, Merrion Road, Dublin 4, D04 X2K5, Ireland. Further information: https://www.whatsapp.com/legal/privacy-policy-eea .

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