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Privacy policy Nextshed.io

Responsible person and data protection officer


Responsible for processing your personal data is the Eberspächer Gruppe GmbH & Co KG, Eberspächerstraße 24, 73730 Germany, info[at]eberspaecher.com.


If you have questions regarding the processing of your personal data, you can also contact us at any time at datenschutz[at]eberspaecher.com to make suggestions or complaints or to assert your rights. We will deal with your request immediately. You can reach our data protection officer at the above-mentioned contact details as well as at the e-mail address given above with the addition "for the attention of the data protection officer". We expressly point out that when this e-mail address is used, the contents will not be taken into account exclusively by our data protection officer. If you wish to exchange confidential information, please address us at this e-mail address with request for direct contact.

Information on data processing when visiting our website


We process personal data that is generated during your visit to our website or that you communicate to us in accordance with the data protection regulations.


Visiting our website is generally possible without providing personal data. Personal data is only collected if it is necessary for technical reasons for the use of our website or if you use certain functions offered on our website, such as contact forms. The collection of your personal data then serves to enable the desired functions.


When you visit our website, our web servers store by default the IP address assigned to you by your Internet service provider, the website from which you visit us, the pages you visit on our website, any downloads, the amount of data requested, your browser type and version, the operating system used, search terms and the date and time. These data are logged for a period of three months. We use the information to identify and remedy any security risks or malfunctions of the website operation.


The legal basis for this data processing is Art. 6 para. 1 sentence 1 lit. f GDPR, according to which data processing is permissible for the purpose of safeguarding legitimate interests. Our legitimate interests are the safeguarding of the website functions and the early detection and defence of cyber attacks.

Use of tools


This website uses cookies and similar technologies (collectively "Tools"), which are either provided by ourselves or by third parties.


A cookie is a small text file that is stored by the browser on your device. Cookies are not used to run programs or load viruses onto your computer. Most browsers are set by default to accept cookies. However, you can adjust your browser settings so that cookies are rejected or only stored with your prior consent. If you refuse cookies, it is possible that not all of our services will work properly for you. Similar technologies are in particular fingerprints, web beacons, tags or pixels.


In the following, the tools we use are listed according to categories, whereby we inform you in particular about the providers of the tools, the storage period of the cookies and the transfer of the data to third parties. It also explains in which cases we obtain your voluntary consent to use the tools and how you can revoke it.


Legal basis and revocation


Legal basis


We use ("technically required") tools necessary for website operation on the basis of our legitimate interest in accordance with Art. 6 Para. 1 S. 1 lit. f GDPR in order to enable you to use our website more conveniently and individually and to make use of it as time-saving as possible. In certain cases, these tools may also be necessary for the performance of a contract or for the implementation of pre-contractual measures, in which case the processing is carried out in accordance with Art. 6 para. 1 sentence 1 lit. b GDPR.


We use all other tools on the basis of your consent in accordance with Art. 6 Para. 1 S. 1 lit. a GDPR as well as in accordance with § 15 Para. 3 S. 1 TMG, if usage profiles are created for the purposes of advertising or market research. Data processing with the help of these tools will only take place if we have received your prior consent to do so.


If personal data is transferred to third countries, we refer to the following passage "Data transfer to third countries", also with regard to the risks that may be involved. We will inform you if we have standard contractual clauses or other guarantees with the providers of certain tools. If you have given your consent to use certain tools, we will (also) transfer the data processed when using the tools to third countries on the basis of this consent.



Obtaining your consent


We use the Usercentrics tool of Usercentrics GmbH, Rosental 4, 80331 München ("Usercentrics") to obtain and manage your consent. This will generate a banner informing you about the data processing on our website and giving you the possibility to consent to all, some or no data processing through optional tools. This banner will appear the first time you visit our website and when you revisit the selection of your settings to change them or to revoke your consent. The banner will also appear on subsequent visits to our website if you have deactivated the storage of information in local storage or cookies or the Usercentrics settings have been deleted.


During your visit to our website, your consent or revocation, your IP address, information about your browser, your terminal device and the time of your visit are transmitted to Usercentrics. In addition, Usercentrics also permanently stores your consent and withdrawal thereof in Local Storage (ucConsents, usercentrics, ucSettings). If you clear your local storage, we will ask you for your consent again when you call up the site later. Otherwise, the cookie from Usercentrics is valid for 3 years.


Data processing by Usercentrics is necessary to provide you with the legally required consent management and to comply with our documentation obligations. The legal basis for the use of Usercentrics is Art. 6 para. 1 sentence 1 lit. f GDPR, justified by our interest in meeting the legal requirements for cookie content management.


Further information on the processing of personal data at Usercentrics can be found in the Privacy policy.



Revocation of your consent or change of your selection


You can revoke your consent for certain tools at any time. Click on the following link/button: Open Usercentrics Corner Modal. There you can also change the selection of tools you want to consent to use. Alternatively, you can assert your revocation directly with the provider for certain tools



Technically required tools


Some of our services require us to use tools to provide you with a customized offer and to make the use of our services as time-saving as possible.


Most browsers are set by default to accept cookies. However, you can adjust your browser settings so that cookies are rejected or only stored with your prior consent. If you reject cookies, not all of our offers can work for you without interruption.


We use the following cookies for the specified purpose with the respective storage period

„pll_language" (language settings; 1 year)

„_gali“ (30 seconds; menu animation)


We want to make it easier for you to use our website in a more comfortable and individual way. These services are based on our aforementioned legitimate interests, the legal basis is Art. 6 para. 1 sentence 1 lit. f GDPR.


In the event that personal data is transferred to the USA, we obtain your express consent for this data transfer via the cookie banner in accordance with Art. 49 para. 1 sentence 1 lit. a GDPR. The risks involved are described below under "Data transfer to third countries".



Google Tag Manager


Our website uses Google Tag Manager, a service, which is offered to users from the European Economic Area and Switzerland by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, and to all other users by Google LLC 1600 Amphitheatre Parkway Mountain View, CA 94043, USA (together "Google").


The Tag Manager is used to manage tracking tools and other services, so-called website tags. A tag is an element that is stored in the source code of our website, for example to record predefined usage data. The Google Tag Manager ensures that the usage data required by our partners is forwarded to them.


The Google Tag Manager works without the use of cookies.


The legal basis is Art. 6 Para. 1 S. 1 lit. f GDPR, based on our legitimate interest to integrate and manage several tags in an uncomplicated way on our website.


We have concluded a contract with Google. Some data is processed on a Google server in the USA. In the event that personal data is transferred to the USA, we have concluded standard contractual clauses with Google in accordance with Art. 46 Para. 2 lit. c GDPR. For more information, see below under "Data transfer to third countries".


You can find more information about the Google Tag Manager in the Information from Google about Tag Manager.



Tools for usage analysis


Eberspächer also uses tools for the constant optimisation of the websites and to be able to provide content adapted to your wishes. Other tools used by us serve statistical purposes. They tell us, for example, which content on our website is particularly relevant to our users and what type of terminal equipment was used to visit it. This enables us to make our website more interesting for our users. The information about the used web browsers and end devices enables us to adapt the page design to the most important browser types. Cookies do not cause any damage to your computer, they cannot execute programs and do not contain viruses. You can prevent cookies from being stored on your computer at any time by changing the settings of your browser, please use the settings or the help function of your browser. The function of our website may then be restricted under certain circumstances.


We would like to point out that some pages of our website may contain tools that are not directly related to Eberspächer. If you visit a page with content embedded by third party providers (e.g. Google Maps and others), these third party providers may have set their own cookies or similar on your browser. Eberspächer has no influence on the use of these cookies and cannot access them because of the way cookies work, as access to cookies is only possible for the person who originally set them. For further information, please refer to the websites of the third party concerned.


The legal basis for the data processing described in this section in connection with cookies and the usage analysis is Art. 6 para. 1 sentence 1 letter a GDPR, based on your consent.


In the event that personal data is transferred to the USA, obtain your express consent for this data transfer via the cookie banner in accordance with Art. 49 para. 1 sentence 1 lit. a GDPR. The risks involved are described below under "Data transfer to third countries".



Google Analytics


Our website uses Google Analytics, a web analytics service provided by Google LLC, 1600 Amphi-theatre Parkway, Mountain View, CA 94043, USA ("Google"). According to Google, the contact for all data protection issues is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland.


Google Analytics uses cookies and similar technologies to analyse and improve our website based on your user behaviour. Google will process the information obtained in order to evaluate your use of the website, to compile reports on website activities for the website operator and to provide further services associated with the use of the website and the Internet. Google may transfer the data collected in this context to a server in the USA for evaluation and store it there.


We have made the following privacy settings at Google Analytics:

IP anonymisation (shortening of the IP address before evaluation, so that no conclusions can be drawn about your identity)

Automatic deletion of old logs / limitation of storage time

Deactivated advertising function (including target group remarketing through GA Audience)

Disabled personalized ads

Disabled Measurement Protocol

Disabled cross page tracking (Google signals)

Disabled sharing of information with other Google products and services

The following data are processed by Google Analytics:

Anonymous IP address;

Referrer URL (previously visited page);

Pages called up (date, time, URL, title, length of stay);

Downloaded files;

Clicked links to other websites;

As the case may be, the achievement of certain goals (conversions);

Technical information: Operating system; browser type, version and language; device type, brand, model and resolution;


Approximate location (country and possibly city, based on anonymous IP address)


Google Analytics sets the following cookies for the specified purpose with the respective storage period:

"_ga" (2 years) and "_gid" (24 hours) (both for the recognition and differentiation of website visitors by a user ID);

"_gat" (1 minute; to reduce queries to the Google servers);

"_gat_gtag_UA_*" (1 minute; storage of a user ID)


We have concluded an data processing contract with Google for the use of Google Analytics as well as standard contractual clauses.


More detailed information on this can be found in the Privacy policy of Google and the Information on the use of cookies by Google.



Functional tools and media


We also use tools to improve the user experience on our website and to offer you more features ("functional tools"). While not strictly necessary for the basic functionality of the website, they can bring significant benefits to users, particularly in terms of ease of use and the provision of additional communication or presentation channels.


The legal basis for this is - unless otherwise stated - your consent pursuant to Art. 6 para. 1 sentence 1 lit. a GDPR, which you give via the cookie banner or with the respective tool itself by individually allowing its use via a banner (overlay) placed above it. To revoke your consent, see above under "Revoking your consent or changing your selection".


In the event that personal data is transferred to the USA, we obtain your express consent for this data transfer via the cookie banner in accordance with Art. 49 para. 1 sentence 1 lit. a GDPR. The risks involved are described below under "Data transfer to third countries".



Twitter plugin


On this website, functions of the Twitter service are integrated to integrate and display tweets on the website. These functions are offered by Twitter Inc. 1355 Market Street, Suite 900, San Francisco, CA 94103, USA.


By using Twitter and the "Retweet", "Like" or "Reply" function, the websites you visit are linked to your Twitter account and, if applicable, announced to other users. Data is also transmitted to Twitter. We would like to point out that we, as the provider of the pages, have no knowledge of the content of the transmitted data or its use by Twitter. You can find more information on this in the Privacy policy Twitter.


The Twitter plugin sets the following cookies for the specified purpose with the respective storage period:

cd_user_id (1 year; user identification)

ct0 (6 hours; analysis of visitor activity, sharing capabilities for social media)

eu_cn (1 year; Twitter integration and sharing capabilities for social media)

external_referrer (1 week; statistical collection of data on personalization and improvement of the Twitter service)

guest_id (2 years; user identification)

personalization_id (2 years; ad personalization)


You can change your privacy settings on Twitter in the account settings under https://twitter.com/account/settings and under https://twitter.com/personalization.

Contact


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 the event of follow-up questions. The information marked with an asterisk (*) is mandatory and we need this information to process your request.


This data is processed on the basis of Art. 6 para. 1 sentence 1 lit. b GDPR if your request is related to the fulfilment of a contract or is necessary for the implementation of pre-contractual measures. In all other cases, the processing is based on our legitimate interest in the effective processing of the inquiries addressed to us (Art. 6 para. 1 sentence 1 letter f GDPR).


The data entered by you in the contact form will remain with us until you request us to delete it or until the purpose for which the data is stored no longer applies (e.g. after your request has been processed). Mandatory statutory provisions - in particular statutory retention periods - remain unaffected.



Inquiry by e-mail, telephone or fax


If you contact us by e-mail, telephone or fax, your inquiry including all personal data (name, inquiry) will be stored and processed by us for the purpose of processing your request.


This data is processed on the basis of Art. 6 para. 1 sentence 1 lit. b GDPR if your request is related to the fulfilment of a contract or is necessary for the implementation of pre-contractual measures. In all other cases, the processing is based on our legitimate interests (Art. 6 para. 1 sentence 1 lit. f GDPR), as we have a legitimate interest in the effective processing of the inquiries addressed to us.


The data sent to us by you via contact requests will remain with us until you request us to delete it or until the purpose for which the data was stored no longer applies (e.g. after your request has been processed). Mandatory statutory provisions - in particular statutory retention periods - remain unaffected.



Data processing within the Nextshed program


We process your personal data only to the extent that they are necessary for the establishment, content or modification of the legal relationship. Under the Nextshed program, this may include any information you provide to us as part of your participation, including, but not limited to, your last name and first name, your address, the company you work for, details of your occupation, your e-mail address and telephone number. The processing is based on Art. 6 para. 1 sentence 1 letter b GDPR, which permits the processing of data for the fulfilment of a contract or pre-contractual measures. Processing of this data is necessary to enable you to participate in the Nextshed program.

The collected data is generally deleted after completion of the order or termination of the business relationship, unless retention periods conflict with this (see below storage period).

Newsletter


You have the possibility to order our newsletter, in which we regularly inform you about new products and special offers.


For ordering our newsletters we use the so-called double opt-in procedure, i.e. we will only send you newsletters by e-mail if you confirm in our notification e-mail by clicking on a link that you are the owner of the e-mail address provided. If you confirm your e-mail address, we will store your e-mail address, the time of registration and the IP address used for registration until you unsubscribe from the newsletter. The sole purpose of storing the data is to be able to send you the newsletter and to be able to prove your registration. You can unsubscribe from the newsletter at any time. A corresponding unsubscribe link is included in every newsletter. A message to the contact data given above or in the newsletter (e.g. by e-mail or letter) is of course also sufficient.


The legal basis of the processing is your consent according to Art. 6 para. 1 sentence 1 lit. a GDPR.


After you have been removed from the newsletter distribution list, your e-mail address may be stored in a blacklist by us or the newsletter service provider to prevent future mailings. The data from the blacklist will only be used for this purpose and will not be merged with other data. This serves both your interest and our interest in compliance with the legal requirements when sending newsletters (legitimate interest within the meaning of Art. 6 para. 1 sentence 1 lit. f GDPR). The storage in the blacklist is not limited in time. You can object to the storage if your interests outweigh our legitimate interest.

Application


You have the possibility to access our application portal via our website. Information on data processing in the application procedure can be found in the data protection information provided there.

Transfer of data (recipient)


A transfer of the data collected by us will only take place in principle if:

  • You have given your express consent in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR
  • the disclosure pursuant to Art. 6 para. 1 sentence 1 lit. f GDPR is necessary for the assertion, exercise or defence of legal claims and there is no reason to assume that you have an overriding interest worthy of protection in not disclosing your data,
  • we are legally obliged to pass on the data in accordance with Art. 6 Para. 1 S. 1 lit. c GDPR or
  • this is legally permissible and, according to Art. 6 para. 1 sentence 1 lit. b GDPR, is necessary for the processing of contractual relationships with you or for the implementation of pre-contractual measures which are carried out at your request.


Part of the data processing may be carried out by our service providers. In addition to the service providers mentioned in this privacy statement, these may include, in particular, agencies, data centers that store our website and our databases, IT service providers that maintain our systems, and consulting firms. If we pass on data to our service providers, they may only use the data to fulfil their tasks. The service providers were carefully selected and commissioned by us. They are contractually bound to our instructions, have suitable technical and organisational measures to protect the rights of the persons concerned and are regularly checked by us.


Eberspächer Climate Control Systems GmbH processes your data for the proper handling of your inquiry. In order to answer it, it is possible that your enquiry may be passed on within the Eberspächer group of companies (e.g. to the responsible Eberspächer state representation (group company or area representative)) if this is necessary or useful for the processing of your request. 


In addition, disclosure may also occur in connection with governmental inquiries, court orders and legal proceedings if it is necessary for prosecution or enforcement.



Hoster


Your data will be partially processed on servers provided by 1&1 IONOS SE, Elgendorfer Str. 57, 56410 Montabaur ("1&1"). 1&1's servers connect your device to the content on the website. These servers are located exclusively in Germany.


The legal basis is Art. 6 Para. 1 S. 1 lit. f GDPR, based on our legitimate interest in having the contents of our website stored securely and reliably by external service providers and at the same time reducing our own expenditure on providing the IT infrastructure for our website.


You will find the data protection declaration of the service provider under the following link: https://www.ionos.de/terms-gtc/terms-privacy/

Transfer of data to third countries


As explained in this privacy policy, we use services whose providers are partly located in so-called third countries (such as the USA), i.e. countries whose data protection level does not correspond to that of the European Union. Insofar as this is the case and the European Commission has not issued an adequacy decision (Art. 45 GDPR) for these countries, we have taken appropriate measures to ensure an adequate level of data protection for any data transfers. These include the standard contractual clauses of the European Union or binding internal data protection rules.


Where this is not possible, we base the transfer of data on exceptions of Art. 49 GDPR, in particular your express consent or the necessity of the transfer for the fulfilment of the contract or for the implementation of pre-contractual measures.


If a transfer to a third country is envisaged and no adequacy finding or appropriate safeguards are in place, it is possible and there is a risk that authorities in the respective third country (e.g. secret services) may gain access to the transferred data in order to collect and analyze it and that the enforceability of your data subject rights cannot be guaranteed. You will also be informed of this when your consent is obtained via the cookie banner.

Storage duration


As long as not specifically described in the specific section, the data will be stored for as long as they are needed for the purpose described, but at least as long as claims arising from the business relationship could exist and storage is necessary to fulfil legal, accounting obligations.


For purposes of proof, we must retain contract data for a period of three years from the end of the year in which the business relationship with you ends. Any claims shall become statute-barred according to the statutory period of limitation at the earliest at this point in time.


Even after that we still have to store your data for accounting reasons in some cases. We are obliged to do so because of statutory documentation obligations that may arise from the German Commercial Code, the German Fiscal Code, the German Banking Act, the Money Laundering Act and the Securities Trading Act. The periods of retention of documents specified there range from two to ten years.

Your rights with regard to data protection


You have the right to information about the processing of your personal data by us at any time. In this context we will explain the data processing and provide you with an overview of the data stored about your person. If data stored with us is incorrect or no longer current, you have the right to have this data corrected. You can also request the deletion of your data. If, in exceptional cases, deletion is not possible due to other legal regulations, the data will be blocked so that they are only available for this legal purpose. You can also have the processing of your personal data restricted, e.g. if the accuracy of the data is doubted by you. You also have the right to data transferability, i.e. that we will send you a digital copy of the personal data provided by you on request.

In order to assert your rights described here, you can contact us at any time using the contact details given above. This also applies if you wish to receive copies of guarantees to prove an adequate level of data protection.


You have the right to revoke any consent you have given to us at any time. As a result, we will not continue the data processing that was based on this consent in the future. Revocation of consent shall not affect the lawfulness of the processing carried out on the basis of the consent until revocation.


If we process your data on the basis of legitimate interests, you have the right to object to the processing of your data at any time for reasons arising from your particular situation. If you object to data processing for direct marketing purposes, you have a general right of objection, which will be implemented by us even without giving reasons.


If you would like to make use of your right of revocation or objection, it is sufficient to send an informal message to the contact details given above.


To withdraw your consent to the use of optional tools, please click on the following link/button: Withdraw your consent to the use of optional tools


Finally, you have the right to complain to the data protection supervisory authority responsible for us. You can exercise this right before a supervisory authority in the Member State in which you are resident, in your place of work or in the place where the suspected infringement is committed. In Esslingen, the headquarters of Eberspächer, the responsible supervisory authority is the State Commissioner for Data Protection and Freedom of Information of Baden-Württemberg, Königstr. 10a, 70173 Stuttgart.

Changes to the privacy policy


Eberspächer reserves the right to change its privacy policy at any time without prior notice. Therefore, we recommend that you inform yourself regularly about any changes.


Status: 15.09.2020