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Data Protection Statement

Contents

  1. General Information
    1. Objective and Responsibility
    2. Legal Bases
    3. Data Subject Rights
    4. Data Erasure and Duration of Storage
    5. Security of Processing
    6. Transfer of Data to Third Parties, Subcontractors and Third Party Providers
  2. Concrete Data Processing
    1. Collection of Information on the Use of the Online Service
    2. Google Tag Manager
    3. Google Analytics
    4. Firebase Tracking
    5. External links
    6. Location services and push notifications
    7. Firebase Crashlytics
  3. Cookies
    1. General Information
    2. Objection Options
    3. Cookie-Policy
  4. Changes to the Data Privacy Policy
  1. General Information
    1. Objective and Responsibility
      1. This Data Privacy Statement is to inform you about the nature, scope and purpose of the processing of personal data related to our Heinemann&Me-App (hereinafter ‘HME-App’) and the related websites, features and contents (hereinafter collectively referred to as ‘online service’ or ‘website’).
      2. The online service is provided by Gebr. Heinemann SE & Co. KG (Koreastraße 3 – 5, 20457 Hamburg, Germany) – hereinafter referred to as ‘HEINEMANN”, ‘provider’, ‘we’ or ‘us’ - who is also legally responsible under the data protection law.
      3. You can reach out to our Data Protection Officer under the E-Mail address dataprotection@gebr-heinemann.de
      4. The term ‘user’ encompasses all customers, interested people, employees and visitors of our online service.
    2. Legal Bases

      We collect and process personal data based on the following legal grounds:

      1. Consent in accordance with article 6 paragraph 1 lit. a General Data Protection Regulation (GDPR). Consent meaning any freely given, specific, informed and unambiguous indication of agreement, which could be in the form of a statement or any other unambiguous confirmatory act, given by the data’s subject consenting to the processing of personal data relating to him or her.
      2. Necessity for the performance of a contract or in order to take steps prior to entering into a contract according to article 6 paragraph 1 lit. b GDPR, meaning the data is required in order for us to fulfil our contractual obligations towards you or to prepare the conclusion of a contract with you.
      3. Processing to fulfil a legal obligation in accordance with article 6 paragraph 1 lit. c GDPR, meaning that e.g. the processing of data is required by law or other provisions.
      4. Processing in order to protect legitimate interests in accordance with article 6 paragraph 1 lit. f GDPR, meaning that the processing is necessary to protect legitimate interests pursued by us or by a third party, unless such interests are overridden by your interests or fundamental rights and freedoms which require the protection of personal data.
    3. Data Subject Rights

      You have the following rights with regards to the processing of your data through us:

      1. The right to lodge a complaint with a supervisory authority in accordance with article 13 paragraph 2 lit. d GDPR and article 14 paragraph 2 lit. e GDPR.
      2. Right of access in accordance with article 15 GDPR
      3. Right to rectification in accordance with article 16 GDPR
      4. Right to erasure (‘right to be forgotten’) in accordance with article 17 GDPR
      5. Right to restriction of processing in accordance with article 18 GDPR
      6. Right to data portability in accordance with article 20 GDPR
      7. Right to objection in accordance with article 21 GDPR

      Notice: Users may object to the processing of their personal data in accordance with legal allowances at any time with effect for the future. The objection may in particular be made against processing for the purposes of direct marketing.

      Without prejudice to any other administrative or judicial remedy, you shall have the right to complain to a supervisory authority, in particular in the Member State of your place of residence, employment or the place of the alleged infringement, if you believe that the processing of your personal data violates the GDPR.

    4. Data Erasure and Duration of Storage

      The personal data of the data subject will be erased or blocked as soon as the purpose of the storage is inapplicable. Storage of data beyond that may occur if such storage is required by the European or national legislator in EU regulations, laws or other regulations to which the controller is subject. Blocking or erasure of data also takes place when a retention period mandated by the standards mentioned expires, unless the continued storage of data is required for the conclusion of a contract or the fulfilment of contractual obligations.

    5. Security of Processing
      1. We have implemented appropriate and state-of-the-art technical and organisational security measures (TOMs). Thus, the data that is processed by us is protected against accidental or intentional manipulation, loss, destruction and unauthorized access.
      2. These security measures include in particular the encrypted transfer of data between your browser and our server.
    6. Transfer of Data to Third Parties, Subcontractors and Third Party Providers
      1. A transfer of personal data to third parties only occurs within the framework of legal requirements. We only disclose personal data of users to third parties, if this is required e.g. for billing purposes or other purposes, if the disclosure is necessary to ensure the fulfilment of contractual obligations towards the users.
      2. If we engage subcontractors for our online service, we have made appropriate contractual arrangements as well as adequate technical and organizational measures with these companies.
      3. 3. If we use content, tools or other means from other companies (hereinafter collectively referred to as 'third party providers’) whose registered offices are located in a third country, it is assumed that a transfer of data to the home countries of these third party providers occurs. The transfer of personal data to third countries takes place exclusively only, if an adequate level of data protection, the user’s consent or another legal permission is present.
  2. Concrete Data Processing
    1. Collection of Information on the Use of the Online Service
      1. When using our online service, information may be transferred automatically from the device of the user to us; this information includes the name of the accessed website, file, date and time of the access, amount of data transferred, notification about successful access, browser type and version, the user's operating system, referrer URL (the previously visited page), IP address and the requesting provider.
      2. The processing of this information takes place based on legitimate interests in accordance with article 6 paragraph 1 lit. f GDPR (e.g. to optimize the online service) as well as to ensure the security of processing in accordance with article 5 paragraph 1 lit. f GDPR (e.g. for the defence and clarification purposes of cyberattacks)
      3. This information will be automatically deleted 30 days after the termination of the connection, unless any other retention periods require otherwise.
      4. The collection of the data and the storage of the data in log files is essential for the provision of the online service. Therefore users are not entitled to the options of erasure, objection or correction.
    2. Google Tag Manager
      1. Our online service uses the Google Tag Manager. This tool allows app tags to be managed through an interface. The Google Tool Manager only implements tags, does not set cookies and does not collect any personal data. The Google Tag Manager triggers other tags that may collect personal information. However, the Google Tag Manager does not access this data.
      2. If deactivated at domain or cookie level, it will remain valid for all tracking tags implemented with Google Tag Manager.
    3. Google Analytics
      1. Our online service uses Google Analytics, a web analysis service of Google Inc. (‘Google’).
      2. Google Analytics uses ‘cookies’, which are text files placed on your device, to help the website analyze how users use the online service. The information generated by the cookie about your use of our online service is usually transferred to a Google server in the USA and stored there. However, if IP anonymisation is activated on this online service, Google will reduce your IP address within Member States of the European Union or in other states party to the Agreement on the European Economic Area beforehand. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. On behalf of the operator of this online service, Google will use this information to evaluate your use of the online service, to compile reports on activity and to provide the operator with other services relating to the use of this online service. The IP address transmitted by your device in the context of Google Analytics is not merged with other Google data.
    4. Firebase Tracking
      1. Our online service uses technology of Google Firebase (Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA / hereinafter ‘Google’) with different functionalities.
      2. Firebase Analytics enables the analysis of the use of our online service. This means that completely anonymous information about the use of our online service is collected and transmitted to Google and stored there. Google uses the advertising ID of your device. Google will use the information mentioned in order to evaluate the use of our online servie and to provide us with further services associated with the use of apps.
      3. In the device settings, you can restrict the use of the advertising ID (iOS: Privacy/ Advertising/ No ad tracking; Android: Account/ Google/ Ads).
      4. Subcontractors that Google can involve can be found at: https://firebase.google.com/terms/subprocessors.
      5. The legal basis for the use of the data evaluation and use of Firebase is the consent of the user.
    5. External links
      1. When selecting the shop ‚Sydney‘ in the ‘HME-App, the use of some functions results in the ‚Webshop Australia‘ being opened in an external web browser. The ‚Webshop Australia‘ is operated by Heinemann Australia Pty Ltd (Level 5, Customs House Building, Sydney International Airport, 10 Cooks River Avenue, Mascot NSW 2020). Please note that different data protection regulations apply when using the ‚Webshop Australia‘. You can find these regulations in the ‚Webshop Australia‘.
      2. When selecting the shop ‚Europe‘ in the ‘HME-App, the use of some functions results in the ‚Webshop Europe‘ being opened in an external web browser. The ‚Webshop Europe ‘ is operated by us, Gebr. Heinemann SE & Co. KG. Please note that different data protection regulations apply when using the ‚Webshop Europe ‘. You can find these regulations in the ‚Webshop Europe ‘.
    6. Location services and push notifications
      1. Our app uses location services in the background and push notifications, in order to show offers at the location. Your location data will not be stored nor sent to any servers in any way.
      2. Your consent is necessary in order to activate location services and push notifications.
      3. You can withdraw your consent at any time by setting the slider "Location based service" in the submenu "Settings" of the menu "More".
    7. Firebase Crashlytics
      1. In our online service, we use Firebase Crashlytics, which is operated by Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA.
      2. Firebase Crashlytics sends us reports about crashes and helps us to improve the app. It collects information about the device and how you use our app (for example, the timestamp of when the app was launched, and when the crash occurred) that enable us to diagnose and resolve problems.
      3. The legal basis for the use of the data evaluation and use of Firebase is the consent of the user.
  3. Cookie Policy
    1. General Information
      1. Cookies are information transmitted by our web server or third-party web servers to the users' devices where they are stored for later retrieval. Cookies can be in the form of small files or any other types of information storage.
      2. Legal basis for the processing of (personal) data in connection with marketing cookies (if any) is the user’s consent.
    2. Objection Options

      You may object to the use of cookies that are used for measuring the range of coverage and promotional purposes via this link.

    3. Cookie Policy

      For more information, please see our cookie policy .

  4. Changes to the Data Privacy Statement
    1. We reserve the right to change this Data Privacy Statement with regards to the data processing, in order to adapt it to changed legal situations, to changes of the online service or of the data processing.
    2. If users' consents are required or if elements of the Data Privacy Policy contain provisions in regards to the contractual relationship with the users, the changes will only be made with the consent of the users.
    3. Users are requested to keep themselves informed about the content of this Data Privacy Statement on a regular basis.
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    Last updated: June 2021