Privacy policy of MERCATORIUS EWIV

(as of April 2020)

Thank you for your interest in our website www.mercatorius.eu and in our company, products and services. MERCATORIUS EWIV is aware that the security of your private information from the use of our website is an important concern. For this reason, compliance with the legal regulations on data protection is a matter of course for us. Furthermore, it is important to us that you as a customer know at all times when and how we collect and store which of your data and how we use it.

In the following we inform you about the collection and other processing (e.g. storage, retrieval, modification, forwarding) of personal data when using our website. Personal data are all data that can be related to you personally, e.g. name, address, e-mail addresses, user behavior.

If we process personal data in the course of using our website or if we want to use commissioned service providers for individual functions, offers or services of our website with reference to data processing or if we want to use your data for advertising purposes, we will inform you in detail below about the respective processes, in particular which data are processed in this case. We will also state the intended storage period or in any case the specified criteria for the storage period and the relevant legal basis for the respective processing.

I. Name and address of the person responsible

The person responsible within the meaning of the Basic Data Protection Regulation and other national data protection laws of the Member States and other provisions of data protection law is the:

MERCATORIUS EWIV
Managing Director: Guido Imfeld
Jülicher Str. 215
52070 Aachen
Germany

Phone: + 49 (0) 241 / 9 46 21-0
Fax: + 49 (0) 241 / 9 46 21-111

E-mail: imfeld@mercatorius.eu
Internet: www. mercatorius.eu

II. Contact details of the data protection officer

You can reach our data protection officer at imfeld@mercatorius.eu or at our postal address with the addition “the data protection officer”.

III. collection and storage of personal data as well as type, purpose, legal basis and duration of their use

§ 1 When visiting the website

If you use the website for informational purposes only, i.e. if you do not register or otherwise provide us with information, we only collect the personal access data in so-called server log files, which your browser sends to our server. The following data is collected in the server log files:

• IP address
• Date and time of the request
• Time zone difference to Greenwich Mean Time (GMT)
• Content of the request (concrete page)
• Access status/HTTP status code
• amount of data transmitted in each case
• Website from which the request comes
• Browser
• Operating system and its interface
• Language and version of the browser software.

This data is evaluated and then discarded exclusively to ensure the trouble-free operation of the site with regard to stability and security and to improve our offer. The legal basis for data processing is Art. 6 Para. 1 S.1 lit. f GDPR. Our legitimate interest follows from the aforementioned purposes for data collection.

The data is also stored in the log files of our system. These data are not stored together with other personal data of the user.

The collection of data for the provision of the website and the storage of the data in log files is absolutely necessary for the operation of the website. There is therefore no possibility of objection on the part of the user.

The data will be deleted as soon as they are no longer required for the purpose of their collection. In the case of the collection of data for the provision of the website, this is the case when the respective session is ended.

In addition, we use cookies and analysis services when you visit our website. You will find more detailed explanations in sections V and VI of this privacy policy.

You can access your cookie settings here.

§ 2 When using further services, functions and offers of our website

In addition to the purely informative use of our website, we offer various services, offers and functions which you can use if you are interested. For this purpose, you will generally have to provide additional personal data which we use to provide the respective service and to which the aforementioned data processing principles apply. The services, offers and functions are described in more detail below.

(1) Contact by e-mail or contact form

When you contact us via our contact form, as a general inquiry or by requesting an offer, the data you voluntarily provide (your company, your e-mail address, your first and last name, your address and, if applicable, your telephone number) will be stored by us in order to answer your question. The indication of company, e-mail address, first and last name as well as address data is required, all other information is voluntary. The answer is given by e-mail or, if indicated and desired, by telephone number.

The legal basis for the processing is Art. 6 para. 1 lit. f) of the GDPR; the legitimate interest lies in answering your question.

We will delete the data arising in this connection after completion of the enquiry you have made or restrict processing if there are legal storage obligations.

(2) Newsletter

With your consent you can subscribe to our newsletter, with which we inform you about our current interesting offers.

For the registration to our newsletter we use the so-called double-opt-in procedure. This means that after your registration we will send you an e-mail to the e-mail address provided, in which we ask you to confirm that you wish to receive the newsletter. If you do not confirm your registration within 24 hours, your information will be blocked and automatically deleted after one month. In addition, we store your IP address and the time of registration and confirmation. The purpose of this procedure is to provide proof of your registration and, if necessary, to be able to clarify any possible misuse of your personal data.

Your e-mail address is the only mandatory information for sending the newsletter. The provision of further data is voluntary and is used to address you personally. After your confirmation we will save your e-mail address for the purpose of sending the newsletter.

The legal basis is Art. 6 para. 1 sentence 1 lit. a GDPR on the basis of your voluntarily given consent.

You can revoke your consent to the sending of the newsletter at any time and unsubscribe from the newsletter. You can revoke your consent by clicking on the button “Newsletter – Unsubscribe” provided on our website, by sending an e-mail to imfeld@mercatorius.eu or by sending a message to the contact details given in the imprint.

(3) Application for a job

If you apply for a position at MERCATORIUS EWIV using the e-mail address provided on this website, the personal data you voluntarily submit will be used exclusively for the purpose of filling the advertised position and for checking and processing your application submitted in this context. Once the application procedure for the specific advertised position has been completed, this data will be blocked for further use and deleted once any statutory storage obligations have expired. The legal basis for the processing is Art. 88 GDPR in connection with § 26 para. 1 BDSG (Federal Data Protection Act).

IV. Passing on of data

Your personal data will not be transferred to third parties for purposes other than those listed below.

We only pass on your personal data to third parties if:

• you have given your express consent to do so in accordance with Art. 6 Para. 1 S. 1 lit. a GDPR
• the disclosure pursuant to Art. 6 para. 1 sentence 1 letter f GDPR is necessary for the assertion, exercise or defense of legal claims and there is no reason to assume that you have an overriding interest worthy of protection in not disclosing your data,
• in the event that there is a legal obligation to pass on the data pursuant to Art. 6 para. 1 sentence 1 lit. c GDPR, and
• this is legally permissible and required for the processing of contractual relationships with you in accordance with Art. 6 para. 1 sentence 1 lit. b GDPR.

V. Use of cookies

§ 1 Scope of data processing

In order to make the visit to our website user-friendly and effective and to enable the use of certain functions, we use so-called cookies on various pages. These are small text files which are stored on your end device and which save certain settings and data for exchange with our system via your browser. Through the cookies, certain information flows to the site that sets the cookie (here by us). Cookies cannot execute programs or transfer viruses to your computer.

Cookies do not contain any personal data and can therefore not be directly assigned to any user. Please note that certain cookies are already set when you enter our website. This website uses the following types of cookies:

– Necessary/functional cookies: These cookies are necessary to enable the operation of our website. These include cookies that enable you to log in to the customer area.

– Transient Cookies: These are automatically deleted when you close the browser. These include in particular session cookies. These store a so-called session ID, with which various requests from your browser can be assigned to the shared session. This enables your computer to be recognized when you return to our website. The session cookies are deleted when you log out or close the browser.

– Persistent cookies: These are automatically deleted after a specified period of time, which may vary depending on the cookie. You can delete the cookies in the security settings of your browser at any time.

You can configure your browser settings according to your preferences and, for example, refuse to accept third-party cookies or all cookies. You can also configure your browser to notify you whenever a cookie is set. Please consult the respective provider of your browser. Please note that if you refuse cookies, you may not be able to use all the functions of this website.

The legal basis for the use of cookies is Art. 6 para. 1 p. 1 lit. f GDPR. Our legitimate interest results from the above-mentioned purposes of making the offer of our website more user-friendly and effective.

Further information on analytical cookies can be found under VI. of this declaration.

VI. use of analytical tools

On our website, web analysis services are used for purposes of need-based design and advertising.

a. Google Analytics

This website uses Google Analytics, a web analysis service of Google Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of this website is usually transferred to a Google server in the USA and stored there.

IP anonymization

We have activated the IP anonymization function on this website. This means that your IP address will be truncated by Google within member states of the European Union or in other signatory states to the Agreement on the European Economic Area before it is transmitted to the USA. Only in exceptional cases will the full IP address be transferred to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on the website activities and to provide further services to the website operator in connection with the use of the website and the Internet. The IP address transmitted by your browser within the scope of Google Analytics is not combined with other data from Google.

You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. You can also prevent the collection of the data generated by the cookie and related to your use of the website (including your IP address) to Google and the processing of this data by Google by downloading and installing the browser plugin available at the following link ( http://tools.google.com/dlpage/gaoptout?hl=de ).

As an alternative to the browser plugin, especially for browsers on mobile devices, you can prevent the collection of your data by Google Analytics by clicking on the following link. An opt-out cookie will be set to prevent the collection of your information on future visits to this website.

Disable Google Analytics

The opt-out cookie is valid only in this browser and only for our website and is placed on your device. If you delete the cookies in this browser, you will have to set the opt-out cookie again.

Order data processing

We have concluded a contract with Google for commissioned data processing and implement the strict requirements of the German data protection authorities when using Google Analytics.

We use Google Analytics to analyze and regularly improve the use of our website. We can use the statistics obtained to improve our offer and make it more interesting for you as a user. For the exceptional cases in which personal data is transferred to the USA, Google has subjected itself to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework. The legal basis for the use of Google Analytics is Art. 6 para. 1 p. 1 lit. f GDPR. Our legitimate interest results from the above-mentioned purposes.

Third party information: Google Dublin, Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland, Fax: +353 (1) 436 1001, Terms of use: http://www.google.com/analytics/terms/de.html , Overview of data protection: http://www.google.com/intl/de/analytics/learn/privacy.html , and the privacy policy: http://www.google.de/intl/de/policies/privacy .

VII. Advertising

On this website, the SalesViewer® technology of SalesViewer® GmbH is used to collect and store company-related data for the purpose of marketing and market research as well as for optimization purposes.

Thereby, under a pseudonym, the company data of the website visitors, such as location, industry, website, contact data are collected. So-called tracking scripts are used for this purpose, which serve to collect the data. This data can be used to create user profiles under a pseudonym for the above-mentioned purposes. The data collected with this technology will not be used to personally identify the individual visitor to this website and will not be merged with personal data about the bearer of the pseudonym without the separately given consent of the person concerned.

You can object to the collection and storage of data at any time with effect for the future by visiting the following link https://www.salesviewer.com/opt-out to prevent the collection by SalesViewer® within this website in the future. An opt-out cookie for this website will be placed on your device. If you delete your cookies in this browser, you must click this link again.

The legal basis for the processing is Art. 6 para. 1 lit. f GDPR. The legitimate interest results from the aforementioned purposes.

VIII. Google Maps

On this website we use the offer of Google Maps. This allows us to display interactive maps directly on the website and enables you to use the map function conveniently.

By visiting the website, Google receives the information that you have called up the corresponding subpage of our website. In addition, the data mentioned under § 3 of this declaration is transmitted. This occurs regardless of whether Google provides a user account through which you are logged in or whether no user account exists. If you are logged in at Google, your data will be assigned directly to your account. If you do not wish to be assigned to your profile on Google, you must log out before activating the button. Google stores your data as user profiles and uses them for the purposes of advertising, market research and/or demand-oriented design of its website. Such an evaluation is carried out in particular (even for users who are not logged in) to provide needs-based advertising and to inform other users of the social network about your activities on our website. You have a right of objection to the creation of these user profiles, whereby you must contact Google to exercise this right.

For more information on the purpose and scope of data collection and its processing by the plug-in provider, please refer to the provider’s privacy policy. There you will also find further information on your rights in this regard and setting options to protect your privacy: http://www.google.de/intl/de/policies/privacy. Google also processes your personal data in the USA and has submitted to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework.

Information about the third party provider: Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.

IX. Your Rights

If personal data are processed by you, you have the following rights vis-à-vis us regarding the personal data concerning you:

– Right to information, Art. 15 GDPR:

You can demand confirmation from the person responsible as to whether personal data concerning you is being processed by him or her.

If such processing has taken place, you may request information from the data controller on the following:

– the purposes for which the personal data are processed

– the categories of personal data which are processed;

– the recipients or the categories of recipients to whom the personal data concerning you have been or will be disclosed, in particular in the case of recipients in third countries or international organizations; in the latter cases, you may request to be informed of the appropriate guarantees pursuant to Art. 46 GDPR, in connection with the transfer;

– the planned duration of the storage of the personal data concerning you or, if it is not possible to give specific details, criteria for determining the storage period;

– the existence of a right of rectification or erasure of personal data concerning you, a right to have the processing limited by the controller or a right to object to such processing;

– the existence of a right of appeal to a supervisory authority;

– any available information as to the source of the data where the personal data are not collected from the data subject;

– the existence of automated decision-making, including profiling, in accordance with Art. 22 (1) and (4) GDPR and, at least in these cases, meaningful information on the logic involved and the scope and intended impact of such processing on the data subject.

– Right of rectification, Art. 16 GDPR:

You have a right of rectification and/or integration vis-à-vis the controller if the personal data processed concerning you is incorrect or incomplete. The data controller must make the correction without delay.

– Right of cancellation, art. 17 GDPR:

a) Duty to delete

You may request the controller to delete personal data concerning you without delay and the controller is obliged to delete such data without delay if one of the following reasons applies:

– the personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed

– you revoke your consent on which the processing was based pursuant to Art. 6 para. 1 letter a or Art. 9 para. 2 letter a GDPR and there is no other legal basis for the processing.

– You object to the processing pursuant to Art. 21(1) GDPR (cf. point X) and there are no legitimate reasons for the processing, or you object to the processing pursuant to Art. 21(2) GDPR.

– The personal data concerning you have been processed unlawfully.

– The deletion of personal data concerning you is necessary to comply with a legal obligation under Union law or the law of the Member States to which the controller is subject.

– The personal data concerning you have been collected in relation to information society services offered, in accordance with Article 8(1) of the GDPR.

b) Information to third parties

If the controller has made public the personal data concerning you and is obliged to delete them pursuant to Art. 17 para. 1 GDPR, he shall take reasonable measures, including technical measures, taking into account the available technology and the implementation costs, to inform data controllers who process the personal data that you, as a data subject, have requested them to delete all links to these personal data or copies or replications of these personal data.

c) Exceptions

The right of cancellation does not exist insofar as the processing is necessary

– on the exercise of the right to freedom of expression and information;

– to comply with a legal obligation to which the processing relates under Union or national law to which the controller is subject or to carry out 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 field of public health pursuant to Article 9 paragraph 2 letters h and i and Article 9 paragraph 3 of the GDPR;

– for archiving, scientific or historical research purposes in the public interest or for statistical purposes pursuant to Art. 89 para. 1 GDPR, insofar as the law referred to in a) is likely to render impossible or seriously prejudice the attainment of the objectives of such processing, or

– to assert, exercise or defend legal claims.

– Right to restrict processing, Art. 18 GDPR:

Under the following conditions, you may request the restriction of the processing of personal data concerning you:

– if you dispute the accuracy of the personal data concerning you for a period of time which enables the person responsible to verify the accuracy of the personal data;

– if the processing is unlawful and you refuse to delete the personal data and instead demand the restriction of the use of the personal data;

– the controller no longer needs the personal data for the purposes of the processing, but you need the personal data in order to assert, exercise or defend legal claims; or

– if you have lodged an objection to the processing pursuant to Art. 21 para. 1 GDPR (cf. point X) and it has not yet been established whether the legitimate reasons given by the controller outweigh your reasons.

If the processing of personal data relating to you has been restricted, such data – apart from being stored – may be processed only with your consent or for the purpose of asserting, exercising or defending legal claims or protecting the rights of another natural or legal person or on grounds of an important public interest of the Union or a Member State.

If you have obtained a restriction on processing under the above conditions, you will be informed by the controller before the restriction is lifted.

– Right to information, Art. 19 GDPR:

If you have asserted the right to rectification, erasure or restriction of processing vis-à-vis the controller, the controller is obliged to notify all recipients to whom the personal data concerning you have been disclosed of this rectification, erasure or restriction of processing, unless this proves impossible or involves a disproportionate effort.

You have the right vis-à-vis the controller to be informed of these recipients.

– Right to data transferability, Art. 20 GDPR:

You have the right to receive the personal data concerning you that you have provided to the person responsible in a structured, common and machine-readable format. Furthermore, you have the right to have this data communicated to another person in charge without hindrance by the person in charge to whom the personal data has been made available, provided that

– the processing is based on a consent pursuant to Art. 6 para. 1 letter a GDPR or Art. 9 para. 2 letter a GDPR or on a contract pursuant to Art. 6 para. 1 letter b GDPR and

– the processing is carried out by means of automated procedures.

In exercising this right, you also have the right to obtain that the personal data concerning you be transferred directly from one controller to another controller, insofar as this is technically feasible. The freedoms and rights of other persons must not be affected by this.

Your right to deletion remains unaffected.

The right to data transferability shall not apply to processing of personal data which 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.

– Right to object, Art. 21 GDPR

You have the right to object to the processing of data for advertising purposes on a case-by-case basis and to object to the processing of data for advertising purposes. You will find further information on this under point X of this data protection declaration.

– Right to revoke the declaration of consent under data protection law:

You can revoke any consent you have given to the responsible party for the processing of your personal data at any time. Please note that the revocation is only effective for the future. The lawfulness of the processing carried out on the basis of the consent until revocation is not affected.

– Automated decision in individual cases including profiling, Art. 22 GDPR:

You have the right not to be subjected to a decision based exclusively on automated processing – including profiling – which has legal effect vis-à-vis you or which significantly affects you in a similar manner. This does not apply if the decision

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

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

(3) with your express consent.

In cases (1) and (3), the responsible person shall take appropriate measures to safeguard the rights and freedoms and your legitimate interests, which shall include at least the right to obtain the intervention of a person from the responsible person, to present his or her point of view and to challenge the decision.

Furthermore, decisions based exclusively on automated processing may not be based on special categories of personal data pursuant to Art. 9 para. 1 GDPR, unless Art. 9 para. 2 lit. a or g GDPR applies and appropriate measures have been taken to protect the rights and freedoms and your legitimate interests.

– Right of appeal to a supervisory authority, Art. 77 GDPR:

You also have the right to complain to a data protection supervisory authority about the processing of your personal data. You may address your complaint to the supervisory authority in the Member State in which you are resident, your place of work or the place where the alleged infringement is committed. The supervisory authority to which the complaint has been submitted will inform you as the complainant of the status and the results of the complaint, including the possibility of a legal remedy under Art. 78 GDPR.

You can exercise your aforementioned rights by sending us an informal message. This message should be addressed to:

MERCATORIUS EEIG,
Jülicher Str. 215,
52070 Aachen,
Germany

Fon: + 49 (0) 241 / 9 46 21-0
Fax: + 49 (0) 241 / 9 46 21-111

E-mail: imfeld@mercatorius.eu

X. Right of objection according to Art. 21 GDPR

Right of objection based on individual cases:

You have the right to object at any time, for reasons arising from your particular situation, to the processing of personal data relating to you which is carried out on the basis of Art. 6 para. 1 letter e GDPR (data processing in the public interest) and Art. 6 para. 1 sentence 1 letter f GDPR (data processing to safeguard the legitimate interests of the controller or of a third party); this also applies to profiling based on these provisions. If you lodge an objection, we will no longer process your personal data unless we can demonstrate compelling reasons for processing that are worthy of protection and outweigh your interests, rights and freedoms, or unless the processing serves to assert, exercise or defend legal claims.

Right to object to the processing of data for advertising purposes

In individual cases, we process your personal data in order to carry out direct advertising. You have the right to object at any time to the processing of personal data concerning you for the purpose of such direct marketing, including profiling, if it is linked to such direct marketing. If you object to processing for the purposes of direct marketing, we will no longer process your personal data for those purposes.

The objection in the above-mentioned cases can be made without any formality and should be sent by e-mail and if possible with the subject “Objection” to

MERCATORIUS EEIG,
Jülicher Str. 215,
52070 Aachen,
Germany

Fon: + 49 (0) 241 / 9 46 21-0
Fax: + 49 (0) 241 / 9 46 21-111

E-mail: imfeld@mercatorius.eu

XI. Data Security

By taking all technical and organizational measures, we make every effort to store your personal data in such a way that they are not accessible to third parties. When communicating by e-mail, we cannot guarantee complete data security, so that we recommend that you send confidential information by post.

This site uses SSL encryption for security reasons and to protect the transmission of confidential content, such as the requests you send to us as site operator. You can recognise an encrypted connection by the fact that the address line of the browser changes from “http://” to “https://” and by the lock symbol in your browser line. If TLS encryption is activated, the data you send to us cannot be read by third parties.