We are delighted that you are interested in our company. Data protection is of particularly high priority for the management of ESENTA GmbH. In principle, it is possible to use the ESENTA GmbH website without providing any personal data. However, if a data subject wishes to make use of special services offered by our company via our website, it may become necessary to process personal data. If the processing of personal data is necessary and there is no statutory basis for such processing, we generally obtain consent from the data subject.
The processing of personal data, such as the name, address, email address, or telephone number of a data subject, is always carried out in accordance with the General Data Protection Regulation (GDPR) and in compliance with the country-specific data protection provisions applicable to ESENTA GmbH. By means of this privacy policy, our company would like to inform the public about the nature, scope, and purpose of the personal data we collect, use, and process. Furthermore, data subjects are informed, by means of this privacy policy, of the rights to which they are entitled.
As the controller, ESENTA GmbH has implemented numerous technical and organisational measures to ensure the most complete protection possible of personal data processed through this website. However, internet-based data transmissions may in principle have security gaps, so absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us by alternative means, for example by telephone.
The privacy policy of ESENTA GmbH is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our privacy policy should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to explain the terminology used in advance.
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.
Data subject is any identified or identifiable natural person whose personal data is processed by the controller responsible for the processing.
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 is 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 is 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 are not attributed to an identified or identifiable natural person.
Controller or controller responsible for the processing is 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 is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
Recipient is a natural or legal person, public authority, agency or other 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.
Third party is a natural or legal person, public authority, agency or body other than the data subject, the controller, the processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
Consent is 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.
The controller within the meaning of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union, and other provisions relating to data protection is:
ESENTA GmbH
Hauptstraße 165
77876 Kappelrodeck
Germany
Phone: +49 (0) 78 42 99 77 461
Email: info@esenta.de
Website: esenta.de
The ESENTA GmbH website uses cookies. Cookies are text files that are stored and saved on a computer system via an internet browser.
Numerous websites and servers use cookies. Many cookies contain what is known as a cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a string of characters through which websites and servers can be assigned to the specific internet browser in which the cookie was stored. This allows visited websites and servers to distinguish the individual browser of the data subject from other internet browsers that contain other cookies. A particular internet browser can be recognised and identified using the unique cookie ID.
Through the use of cookies, ESENTA GmbH can provide the users of this website with more user-friendly services that would not be possible without the cookie setting.
By means of a cookie, the information and offers on our website can be optimised with the user in mind. Cookies allow us, as previously mentioned, to recognise the users of our website. The purpose of this recognition is to make it easier for users to use our website. The user of a website that uses cookies does not have to re-enter their access data every time they visit the website, for example, because this is taken over by the website and the cookie stored on the user's computer system. Another example is the cookie of a shopping cart in an online shop. The online shop remembers the items a customer has placed in the virtual shopping cart via a cookie.
The data subject may, at any time, prevent the setting of cookies through our website by means of a corresponding setting of the internet browser used, and may thus permanently object to the setting of cookies. Furthermore, cookies already set may be deleted at any time via an internet browser or other software programs. This is possible in all common internet browsers. If the data subject deactivates the setting of cookies in the internet browser used, not all functions of our website may be fully usable.
The ESENTA GmbH website collects a series of general data and information whenever the website is accessed by a data subject or an automated system. This general data and information is stored in the server's log files. The following may be collected: (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites accessed via an accessing system on our website, (5) the date and time of access to the website, (6) an internet protocol address (IP address), (7) the internet service provider of the accessing system, and (8) other similar data and information that serve to avert danger in the event of attacks on our information technology systems.
When using this general data and information, ESENTA GmbH does not draw any conclusions about the data subject. Rather, this information is needed to (1) correctly deliver the content of our website, (2) optimise the content of our website as well as its advertising, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in the event of a cyber attack. Therefore, ESENTA GmbH analyses anonymously collected data and information statistically, with the aim of increasing data protection and data security within our company, and to ensure an optimal level of protection for the personal data we process. The anonymous data from the server log files are stored separately from all personal data provided by a data subject.
On the ESENTA GmbH website, users are given the opportunity to subscribe to our company's newsletter. The input mask used for this purpose determines what personal data is transmitted to the controller when the newsletter is ordered.
ESENTA GmbH informs its customers and business partners regularly by means of a newsletter about company offers. Our company's newsletter may only be received by the data subject if (1) the data subject has a valid email address and (2) the data subject registers for the newsletter to be sent. For legal reasons, a confirmation email will be sent to the email address entered by a data subject for the first time for newsletter dispatch, using the double opt-in procedure. This confirmation email is used to verify whether the owner of the email address, as the data subject, has authorised receipt of the newsletter.
When registering for the newsletter, we also store the IP address of the computer system used by the data subject at the time of registration, as assigned by the internet service provider (ISP), as well as the date and time of registration. The collection of this data is necessary in order to be able to retrace the (possible) misuse of a data subject's email address at a later date, and it therefore serves as legal protection for the controller.
The personal data collected as part of a registration for the newsletter will only be used to send our newsletter. In addition, subscribers to the newsletter may be informed by email if this is necessary for the operation of the newsletter service or a registration in question, as could be the case in the event of changes to the newsletter offer or in the event of a change in technical circumstances. No personal data collected as part of the newsletter service will be passed on to third parties. The subscription to our newsletter may be terminated by the data subject at any time. The consent to the storage of personal data, which the data subject has given us for sending the newsletter, can be revoked at any time. For the purpose of revoking consent, a corresponding link can be found in every newsletter. It is also possible to unsubscribe from the newsletter at any time directly on the controller's website, or to notify the controller of this in another way.
The ESENTA GmbH newsletter contains what are known as tracking pixels. A tracking pixel is a miniature graphic embedded in emails sent in HTML format to enable log file recording and log file analysis. This allows a statistical analysis of the success or failure of online marketing campaigns to be carried out. Based on the embedded tracking pixel, ESENTA GmbH can see whether and when an email was opened by a data subject, and which links in the email were accessed by the data subject.
Such personal data collected via the tracking pixels contained in the newsletters is stored and evaluated by the controller in order to optimise the dispatch of the newsletter and to adapt the content of future newsletters even more effectively to the interests of the data subject. This personal data will not be passed on to third parties. Data subjects are entitled at any time to revoke the relevant separate declaration of consent given via the double opt-in procedure. After revocation, this personal data will be deleted by the controller. ESENTA GmbH automatically regards a withdrawal from receipt of the newsletter as a revocation.
Due to statutory provisions, the ESENTA GmbH website contains information that enables quick electronic contact with our company, as well as direct communication with us, which also includes a general address for so-called electronic mail (email address). If a data subject contacts the controller by email or via a contact form, the personal data transmitted by the data subject will be stored automatically. Such personal data, transmitted voluntarily by a data subject to the controller, is stored for the purpose of processing or contacting the data subject. There is no disclosure of this personal data to third parties.
The controller processes and stores the data subject's personal data only for the period of time necessary to achieve the purpose of storage, or as provided for by the European legislator or other legislators in laws or regulations to which the controller is subject.
If the storage purpose ceases to apply, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data will be routinely blocked or erased in accordance with statutory provisions.
Every data subject has the right, granted by the European legislator, to obtain confirmation from the controller as to whether personal data concerning them is being processed. If a data subject wishes to exercise this right of confirmation, they may contact an employee of the controller at any time.
Every data subject affected by the processing of personal data has the right, granted by the European legislator, to obtain from the controller free information about their personal data stored at any time, and a copy of this information. Furthermore, the European legislator has granted the data subject access to the following information:
Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.
If a data subject wishes to exercise this right of access, they may contact an employee of the controller at any time.
Every data subject affected by the processing of personal data has the right, granted by the European legislator, to obtain the rectification without undue delay of inaccurate personal data concerning them. Furthermore, the data subject has the right to request the completion of incomplete personal data, including by means of providing a supplementary statement, taking into account the purposes of the processing.
If a data subject wishes to exercise this right to rectification, they may contact an employee of the controller at any time.
Every data subject affected by the processing of personal data has the right, granted by the European legislator, to obtain from the controller the erasure without undue delay of personal data concerning them, where one of the following grounds applies and insofar as the processing is not necessary:
If one of the aforementioned reasons applies, and a data subject wishes to arrange for the erasure of personal data stored by ESENTA GmbH, they may contact an employee of the controller at any time. An employee of ESENTA GmbH shall promptly ensure that the erasure request is complied with without undue delay.
Where ESENTA GmbH has made personal data public and is obliged, as controller, to erase the personal data pursuant to Art. 17(1) GDPR, ESENTA GmbH shall, taking account of available technology and the cost of implementation, take reasonable steps, including technical measures, to inform other controllers processing the published personal data that the data subject has requested erasure by such other controllers of any links to, or copies or replications of, that personal data, insofar as processing is not required. An employee of ESENTA GmbH will arrange the necessary measures in individual cases.
Every data subject affected by the processing of personal data has the right, granted by the European legislator, to obtain from the controller restriction of processing where one of the following applies:
If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of personal data stored by ESENTA GmbH, they may contact an employee of the controller at any time. The employee of ESENTA GmbH will arrange for the restriction of the processing.
Every data subject affected by the processing of personal data has the right, granted by the European legislator, to receive personal data concerning them, which was provided to a controller by the data subject, in a structured, commonly used and machine-readable format. They also have the right to transmit this data to another controller without hindrance from the controller to which the personal data was provided, as long as the processing is based on consent pursuant to Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR, or on a contract pursuant to Art. 6(1)(b) GDPR, and the processing is carried out by automated means, provided the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Furthermore, in exercising their right to data portability pursuant to Art. 20(1) GDPR, the data subject has the right to have personal data transmitted directly from one controller to another, insofar as this is technically feasible and provided that this does not adversely affect the rights and freedoms of others.
To assert the right to data portability, the data subject may contact an employee of ESENTA GmbH at any time.
Every data subject affected by the processing of personal data has the right, granted by the European legislator, to object, on grounds relating to their particular situation, at any time to the processing of personal data concerning them which is based on Art. 6(1)(e) or (f) GDPR. This also applies to profiling based on these provisions.
In the event of an objection, ESENTA GmbH will no longer process the personal data, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or the processing serves the establishment, exercise or defence of legal claims.
Where ESENTA GmbH processes personal data for the purposes of direct marketing, the data subject has the right to object at any time to the processing of personal data concerning them for the purposes of such marketing. This also applies to profiling, to the extent that it is related to such direct marketing. If the data subject objects to ESENTA GmbH regarding processing for direct marketing purposes, ESENTA GmbH will no longer process the personal data for these purposes.
In addition, the data subject has the right, on grounds relating to their particular situation, to object to processing of personal data concerning them which takes place at ESENTA GmbH for scientific or historical research purposes, or for statistical purposes pursuant to Art. 89(1) GDPR, unless such processing is necessary for the performance of a task carried out for reasons of public interest.
To exercise the right to object, the data subject may contact any employee of ESENTA GmbH directly, or another employee. The data subject is also free, in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to exercise their right to object by automated means using technical specifications.
Every data subject affected by the processing of personal data has the right, granted by the European legislator, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning them, or similarly significantly affects them, as long as the decision (1) is not necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) 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 (3) is based on the data subject's explicit consent.
If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) it is based on the data subject's explicit consent, ESENTA GmbH 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 their point of view and contest the decision.
If the data subject wishes to exercise rights concerning automated decision-making, they may contact an employee of the controller at any time.
Every data subject affected by the processing of personal data has the right, granted by the European legislator, to withdraw consent to the processing of their personal data at any time.
If the data subject wishes to exercise their right to withdraw consent, they may contact an employee of the controller at any time.
The controller has integrated the Google Analytics component (with anonymisation function) on this website. Google Analytics is a web analytics service. Web analytics is the collection, gathering, and analysis of data concerning the behaviour of visitors to websites. A web analytics service collects, inter alia, data about the website from which a data subject has come (so-called referrers), which sub-pages of the website were accessed, or how often and for what duration a sub-page was viewed. Web analytics are used predominantly for the optimisation of a website and to carry out a cost-benefit analysis of internet advertising.
The operator of the Google Analytics component is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.
For web analytics via Google Analytics, the controller uses the addition "_gat._anonymizeIp". By means of this addition, Google shortens and anonymises the IP address of the data subject's internet connection when accessing our website from a Member State of the European Union or another contracting state to the Agreement on the European Economic Area.
The purpose of the Google Analytics component is to analyse the traffic on our website. Google uses the collected data and information, inter alia, to evaluate the use of our website, to compile online reports for us showing the activities on our website, and to provide other services relating to the use of our website.
Google Analytics places a cookie on the data subject's information technology system. What cookies are has already been explained above. With the setting of the cookie, Google is enabled to analyse the use of our website. With each visit to one of the individual pages of this website, which is operated by the controller and into which a Google Analytics component was integrated, the internet browser on the data subject's information technology system is automatically prompted, by the respective Google Analytics component, to transmit data to Google for the purposes of online analysis. As part of this technical procedure, Google gains knowledge of personal data, such as the IP address of the data subject, which Google uses, inter alia, to trace the origin of visitors and clicks, and subsequently enable commission settlements.
The cookie is used to store personal information, such as access time, the location from which access was made, and the frequency of visits to our website by the data subject. With each visit to our website, this personal data, including the IP address of the internet connection used by the data subject, 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 pass on this personal data collected through the technical procedure to third parties.
The data subject may, as stated above, prevent the setting of cookies through our website at any time by means of a corresponding adjustment of the internet browser used, and thus permanently object to the setting of cookies. Such an adjustment of the internet browser used would also prevent Google from setting a cookie on the data subject's information technology system. In addition, a cookie already set by Google Analytics may be deleted at any time via the internet browser or other software programs.
Furthermore, the data subject has the option of objecting to and preventing the collection of data generated by Google Analytics, relating to the use of this website, as well as the processing of this data by Google. To do this, the data subject must download and install a browser add-on from the link tools.google.com/dlpage/gaoptout. This browser add-on tells Google Analytics, via JavaScript, that no data or information about website visits may be transmitted to Google Analytics. Google regards the installation of the browser add-on as an objection. If the data subject's information technology system is later deleted, formatted, or reinstalled, the data subject must reinstall the browser add-on in order to disable Google Analytics. If the browser add-on is uninstalled or deactivated by the data subject or any other person within their sphere of influence, it is possible to reinstall or reactivate the browser add-on.
Further information and Google's applicable data protection provisions can be found at google.de/intl/de/policies/privacy and at google.com/analytics/terms/de.html. Google Analytics is explained in more detail at this link: google.com/intl/de_de/analytics.
Art. 6(1)(a) GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service or consideration, the processing is based on Art. 6(1)(b) GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in cases of inquiries concerning our products or services. If our company is subject to a legal obligation by which the processing of personal data is required, such as for the fulfilment of tax obligations, the processing is based on Art. 6(1)(c) GDPR. In rare cases, the processing of personal data may become necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured at our premises and their name, age, health insurance details, or other vital information had to be passed on to a doctor, hospital, or other third party. Then the processing would be based on Art. 6(1)(d) GDPR. Finally, processing operations could be based on Art. 6(1)(f) GDPR. This legal basis is used for processing operations which are not covered by any of the aforementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests, fundamental rights, and fundamental freedoms of the data subject. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator, who took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47, second sentence, GDPR).
Where the processing of personal data is based on Art. 6(1)(f) GDPR, our legitimate interest is the pursuit of our business activities for the benefit of the wellbeing of all our employees and our shareholders.
The criterion used to determine the period of storage of personal data is the respective statutory retention period. After expiry of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfilment or initiation of a contract.
We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information about the contractual partner). Sometimes it may be necessary, for the conclusion of a contract, for a data subject to provide us with personal data which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with them. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject must contact one of our employees. Our employee will explain to the data subject, on a case-by-case basis, whether the provision of personal data is required by law or contract, or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data, and the consequences of failing to provide such data.
As a responsible company, we do not use automated decision-making or profiling.
This privacy policy was created by the privacy policy generator of the DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as an external data protection officer for the Upper Palatinate region, in cooperation with the data protection lawyer Christian Solmecke.