Privacy policy
Thanks for your interest in Orchestral Tools. Data protection is a high priority for us.
The use of our Website is possible without any indication of personal data; however, if a data subject wants to use special enterprise services via our website, processing of personal data could become necessary. 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, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations. By means of this data protection declaration, our enterprise would like to inform the general public of 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, OT Distribution GmbH & Co KG, has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means, e.g. by telephone.
Name and Address of the Controller
Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:
OT Distribution GmbH & Co KG
Geschäftsführer Hendrik Schwarzer
Am Untergruen 6
79232 March Germany
Fax.: +49 (0) 7665 - 9398679
Tel.: +49 (0) 7665 – 9398678
E-Mail: info@orchestraltools.com
Website: www.orchestraltools.com
Definitions
The privacy policy of OT Distribution GmbH & Co KG is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used.
In this privacy policy, we use, the following terms:
Personal data
Personal data means any information relating to an identified or identifiable natural person (hereinafter referred to as “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
Data subject is any identified or identifiable natural person, whose personal data are processed by the controller responsible for the processing.
Processing
Processing is 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
Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.
Profiling
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 to predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
Pseudonymisation
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
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
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
Recipient
Recipient is a natural or legal person, public authority, agency or another 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; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
Third party
Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
Consent
Consent of the data subject 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.
Collection of General Data and Information
Our website collects a series of general data and information, when a data subject or an automated system calls up the website. This general data and information are stored in the log files of the server. Collected may be
(a) the browser types and versions used,
(b) the operating system used by the accessing system,
(c) the website from which an accessing system reaches our website (so-called referrers),
(d) the sub-websites, which are controlled by an accessing system on our website,
(e) the date and time of access to the Internet site,
(f) an Internet protocol address (IP address),
(g) the Internet service provider of the accessing system and
(h) any other similar data and information that may be used in the event of attacks on our information technology systems.
When using these general data and information, we do not draw any conclusions about the data subject. Rather, this information is needed to
(a) deliver the content of our website correctly,
(b) optimize the content of our website as well as its advertisement,
(c) ensure the long-term viability of our information technology systems and the technology of our website, and
(d) provide the law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack.
Therefore, OT Distribution GmbH & Co KG analyzes these anonymously collected data and information, on one hand, statistically and besides with the aim of increasing the data protection and data security of our enterprise and, ultimately, to ensure an optimal level of protection for the personal data processed by us. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.
Cookies
Our Website is using Cookies. Cookies are text files that are stored in a computer system via an Internet browser.
Many Internet sites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a character string through which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This allows visited Internet sites and servers to differentiate the individual browser of the data subject from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified using the unique cookie ID.
Through the use of cookies, OT Distribution GmbH & Co KG 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 optimized with the user in mind. Cookies allow us, as previously mentioned, to recognize our website users. The purpose of this recognition is to make it easier for users to utilize our website. The website user that uses cookies, e.g. does not have to enter access data each time the website is accessed, because this is taken over by the website, and the cookie is thus stored on the user’s computer system. Another example is the cookie of a shopping cart in an online shop. The online store remembers the articles that 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 deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be entirely usable.
Processing and use of Personal Data
We only collect, process and store your personal data if you voluntarily provide us with this in the context of offers on the website (e.g. registration, newsletter, contact forms).
We process personal data with the aim, to ensure an optimal level of our website, our content and our services. The processing of personal data occurs only with your consent. Certain visitors of our website and users of our services choose to interact with OT Distribution GmbH & Co KG in ways that require OT Distribution GmbH & Co KG to gather personal data. The amount and type of information that OT Distribution GmbH & Co KG gathers depends on the nature of the interaction.
Registration
The data subject has the possibility to register to our website with the provisions of personal data. Which personal data are transmitted to OT Distribution GmbH & Co KG is determined by the respective input mask used for the registration. The personal data entered by the data subject are collected and stored exclusively for internal use by OT Distribution GmbH & Co KG and for his own purposes. OT Distribution GmbH & Co KG may request the transfer to one or more processors, for example, a parcel service, who also uses the personal data for an internal use, which is attributable to OT Distribution GmbH & Co KG.
By registering on the website of OT Distribution GmbH & Co KG, the IP address assigned by the Internet service provider (ISP) and used by the data subject, date and time of the registration are also stored. The storage of this data takes place against the background that this is the only way to prevent the misuse of our services and, if necessary, to make it possible to investigate committed offenses. Insofar, the storage of this data is necessary to secure OT Distribution GmbH & Co KG. This data are not passed on to third parties, unless there is a statutory obligation to pass on the data or the transfer serves the aim of the criminal prosecution.
Contact form and email
We also process personal data, if you are disclose this data to us, when you contact us through contact forms or email.
If you contact us through our Helpdesk, or the contact form, this contact is enabled by Helpscout. We exclusively use Helpscout to provide Helpdesk services, and any information stored within is not made available to anyone not directly required to have insight.
We use the data you provide without your separate consent solely for the purpose for which it was made available (e.g. in response to your request). After the operation in question is completed, your data will be blocked for further use and deleted after the retention periods established by tax and commercial law, unless you have expressly consented to the use of your data for other purposes.
The collection of personal data and the transfer of such data to state institutions and authorities that are entitled to receive such information shall only be carried out within the scope of the relevant laws or if we are obligated to collect and transmit such data due to a judicial ruling.
Our employees as well as the service providers engaged by us are committed by us to observe data secrecy and to comply with the provisions of the General Data Protection Regulation(GDPR).
Purposes and legal basis for our data processing
The legal basis for the processing of personal data is your consent pursuant to Art. 6 (1) (a) GDPR. You are then able to provide further personal data voluntarily or to permit third parties to transfer these to us and to store these with us for use in the context of using our services, in particular where you provide consent to the transfer of such personal data to third parties for the purpose of registering with third parties or the administration of your legal relationship to these third parties.
The basis for data processing is further Art. 6 (1) (b) GDPR, which allows us the processing of data to fulfill a contract or for measures preliminary to a contract. In the context of our agreement with you, we also process personal data in order to show you use that has already taken place in the recent past and to make corresponding suggestions for further use. The legal basis for the processing of such Data is Art. 6 (1) (b) GDPR, since such processing is necessary for the performance of the agreement entered into between you and us.
Finally, the basis for data processing in case of a justified interest is Art. 6 (1) (f) GDPR. We have a legitimate interest in analyzing user behavior to optimize both its website and its advertising. The website operator has a legitimate interest in analyzing anonymous user behavior for promotional purposes. We also process personal data in your and our interest in order to ensure the integrity, trustworthiness and availability of the data processing systems, i.e. in particular the security and availability of your personal data. The legal basis for the processing of such personal data is Art. 6 (1) (f) GDPR; our legitimate interest is the maintenance and the secure provision of our services.
Erasure or Restriction of Processing of Personal Data
OT Distribution GmbH & Co KG shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of the storage or as far as this is granted by the legislator or by other legislators in laws or regulations, to which OT Distribution GmbH & Co KG is subject to.
If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.
Data Protection Provisions for the use of YouTube
On this website the Controller has integrated components of YouTube. YouTube is an Internet video portal that enables video publishers to set video clips and other users free of charge, which also provides free viewing, review and commenting on them. YouTube allows you to publish all kinds of videos, so you can access both full movie and TV broadcasts, as well as music videos, trailers or videos made by users via the Internet portal.
The operating company of YouTube is YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, UNITED STATES. The YouTube, LLC is a subsidiary of Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, UNITED STATES.
With each call-up to one of the individual pages of this Internet site, which is operated by the controller and on which a YouTube component (YouTube video) was integrated, the Internet browser on the information technology system of the data subject is automatically prompted to download a display of the corresponding YouTube component of YouTube. Further information about YouTube may be obtained under https://www.youtube.com/yt/about/en/. In course of this technical procedure, YouTube and Google gain knowledge of what specific sub-page of our website was visited by the data subject.
If the data subject is logged in on YouTube, YouTube recognizes with each call-up to a sub-page that contains a YouTube video, which specific sub-page of our Internet site was visited by the data subject. This information is collected by YouTube and Google and assigned to the respective YouTube account of the data subject.
YouTube and Google will receive information through the YouTube component that the data subject has visited our website, if the data subject at the time of the call to our website is logged in on YouTube; this occurs regardless of whether the person clicks on a YouTube video or not. If such a transmission of this information to YouTube and Google is not desirable for the data subject, the delivery may be prevented if the data subject logs off from their own YouTube account before a call-up to our website is made.
YouTube’s data protection provisions, available at https://www.google.com/intl/en/policies/privacy/, provide information about the collection, processing and use of personal data by YouTube and Google.
Data Protection Provisions for the use of Matomo
Data protection information in connection with the use of Matomo (formerly Piwik) On our website, we use the open source software tool Matomo (formerly Piwik) with an anonymisation function for analysing the surfing behaviour of our users. The software runs exclusively on our website’s servers and users’ personal data is only stored there. No data is made available to third parties. The software places a cookie on the user’s computer (see information on cookies above) in order to allow website usage to be analysed. For this purpose, usage information generated by the cookie (including your shortened IP address) is transferred to our server and saved for the purpose of usage analysis, which we then use to optimise our website. This process anonymises your IP address immediately so that you remain anonymous for us as a user. The information generated by the cookie regarding your use of this website will not be made available to third parties. You may prevent cookies from being used by selecting the appropriate settings on your browser. However, this may mean that you will not be able to use the full functionality of this website. If you do not consent to this data from your visit being saved and analysed, please click on the following link to set an opt-out cookie that will prevent Matomo from collecting data within this website in future: Deactivate Matomo for this website. The opt-out cookie only works in this browser and only for this domain. If you delete your cookies, this will also delete the opt-out cookie, meaning that you may need to activate it again. Further information on privacy settings for Matomo software can be found at the following link: https://matomo.org/docs/privacy/.
Use of Payment Service Providers (Payment Services)
- PayPal
When paying via PayPal, credit card via PayPal, direct debit via PayPal, or – if offered – "purchase on account" or "installment payment" via PayPal, we pass on your payment data to PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal") as part of the payment processing. This transfer occurs in accordance with Art. 6 para. 1 lit. b GDPR and only to the extent necessary for the payment processing.
For the payment methods credit card via PayPal, direct debit via PayPal, or – if offered – "purchase on account" or "installment payment" via PayPal, PayPal reserves the right to conduct a credit check. For this purpose, your payment data may be passed on to credit agencies in accordance with Art. 6 para. 1 lit. f GDPR based on PayPal's legitimate interest in determining your solvency. The result of the credit check regarding the statistical probability of default is used by PayPal to decide whether to provide the respective payment method. The credit report may include probability values (so-called score values). If score values are included in the credit report result, they are based on a scientifically recognized mathematical-statistical procedure. Address data, among other things, but not exclusively, are included in the calculation of the score values. For further data protection information, including the credit agencies used, please refer to PayPal's privacy policy: https://www.paypal.com/de/webapps/mpp/ua/privacy-full
You can object to this processing of your data at any time by sending a message to PayPal. However, PayPal may still be entitled to process your personal data if this is necessary for the contractual payment processing.
- Stripe
If you choose a payment method from the payment service provider Stripe, the payment processing will be carried out through the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland. We pass on the information provided by you during the ordering process, along with information about your order (name, address, account number, bank code, possibly credit card number, invoice amount, currency, and transaction number) to Stripe in accordance with Art. 6 para. 1 lit. b GDPR. For more information on Stripe's privacy policy, please visit the URL: https://stripe.com/de/privacy#translation.
Stripe reserves the right to conduct a credit check based on mathematical-statistical procedures to safeguard the legitimate interest in determining the user's solvency. For the purpose of credit checks, Stripe may transfer the necessary personal data obtained during payment processing to selected credit agencies, which Stripe will disclose to users upon request. The credit report may include probability values (so-called score values). If score values are included in the credit report, they are based on a scientifically recognized mathematical-statistical procedure. Address data, among other things, but not exclusively, are included in the calculation of the score values. Stripe uses the result of the credit check regarding the statistical probability of default for the purpose of deciding on the user's entitlement to use the selected payment method.
You can object to this processing of your data at any time by sending a message to Stripe or the commissioned credit agencies. However, Stripe may still be entitled to process your personal data if this is necessary for contractual payment processing.
Helpscout
For the full privacy policy and data processing agreement that is in effect for our Helpdesk and customer support, including contact forms, as well as access via our website (“Beacon”), please refer to https://www.helpscout.com/company/legal/privacy/
Google Analytics
If you have given your consent to the use of advertising / tracking cookies, Google Analytics, a web analysis service provided by Google Ireland Limited (Google), is used on this website. This makes it possible to assign data, sessions and interactions across multiple devices to a pseudonymous user ID and thus analyze a user's activities across devices.
Google Analytics uses the _ga, _gid and gat cookies. The information generated by the cookies about your use of this website is usually transmitted to a Google server in the USA and stored there. If IP anonymization is activated on this website, however, your IP address will be shortened beforehand by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. We would like to point out that on this website Google Analytics has been expanded to include IP anonymization in order to ensure that IP addresses are recorded anonymously (so-called IP masking). The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data. You can find more information on the terms of use and data protection under
https://www.google.com/analytics/terms/de.html
or at https://policies.google.com/?hl=de.
Google uses this information on our behalf to evaluate your use of the website, to compile reports on website activity and to provide our company with other services related to website activity and internet usage.
The legal basis for the use of Google Analytics is your consent in accordance with Article 6 Paragraph 1 Clause 1 Letter a GDPR
The recipient of the data collected is Google.
We have concluded an order processing contract with Google. Part of the order processing contract with Google are so-called EU standard data protection clauses (Art. 46 Para. 2 S. 1 lit. c GDPR). These are classified as an appropriate guarantee to protect the transfer and processing of personal data outside the EU.
You can revoke your consent at any time with effect for the future.
You can also prevent Google from collecting the data generated by the cookie and related to your use of the website (including your IP address) and from processing this data by Google by downloading and installing a browser plug-in from the following website:
https://tools.google.com/dlpage/gaoptout?hl
Google Web Fonts
We use so-called "web fonts" provided by Google on this site to ensure a uniform display of fonts. When you call up a page, your browser loads the required web fonts into your browser cache in order to display text and fonts correctly.
For this purpose, the browser you are using must establish a connection to the Google servers. This can also result in the transmission of personal data to the Google servers in the USA. In this way, Google learns that our website was accessed via your IP address. Google Web Fonts are used in the interest of a uniform and appealing presentation of our online offering. This represents a legitimate interest within the meaning of Art. 6 Para. 1 lit. f GDPR. If your browser does not support web fonts, the standard font of your end device will be used.
We have concluded an order processing contract with Google. Part of the order processing contract with Google are so-called EU standard data protection clauses (Art. 46 Para. 2 S. 1 lit. c GDPR). These are classified as an appropriate guarantee to protect the transfer and processing of personal data outside the EU.
More information about Google Web Fonts can be found at https://developers.google.com/fonts/faq and in Google's Privacy Policy: https://www.google.com/policies/privacy/.
Google reCAPTCHA
To protect our website from unwanted and harmful requests from automated software (bots), we use Google's reCAPTCHA service. Captchas are intended to prevent misuse and ensure, for example, that forms are only filled out by people and not by bots. This can be done through small tasks, such as clicking on boxes, solving picture puzzles or, as in our case, in the background through an invisible analysis of user behavior. This helps Google's reCAPTCHA estimate the likelihood that the form will be filled out by a human rather than a bot.
reCAPTCHA collects personal data about user behavior on our website, such as IP address, operating system, stored cookies, screen resolution or the website the user came from. This can be combined with other data if you are logged in with your Google account. In order to use our forms, scripts and cookies from the Google reCAPTCHA service must be allowed.
Facebook pixel
We use the so-called “Facebook Pixel” from Facebook Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland (“Facebook”) on our website. By using Facebook Pixel, the behavior of visitors to our website can be tracked after they have been redirected to our website by clicking on an advertisement placed by us on Facebook. This enables us to evaluate the effectiveness of our Facebook ads and to optimize future advertising measures. The data collected can be used by us, for example, to only display the advertisements we have placed on Facebook to those Facebook users who have shown an interest in our online offering.
The data collected is anonymous for us as the operator of this website, we cannot draw any conclusions about the identity of individual users. However, the data is stored and processed by Facebook so that a connection to the respective user profile is possible and Facebook can use the data for its own advertising purposes in accordance with the Facebook data usage guidelines. This enables Facebook to place advertisements on Facebook pages and outside of Facebook. This use of the data cannot be influenced by us as the site operator.
Specific information and details about the Facebook pixel and how it works can be found in the Facebook help area:
https://www.facebook.com/business/help/651294705016616
Facebook pixels are used exclusively on the basis of your consent in accordance with Article 6 (1) (a) GDPR. You can revoke your consent at any time with effect for the future. You can find more information on how to revoke your consent in this data protection declaration under the “Cookies” section.
You can also opt out of the use of cookies, which serve to measure reach and for advertising purposes, via the deactivation page of the network advertising initiative
http://optout.networkadvertising.org/
and additionally via the US website
http://www.aboutads.info/choices
or the European website object.
If personal data is transmitted to the USA when using Facebook Pixel, further protective mechanisms are required to ensure the data protection level of the GDPR. In order to guarantee this, we have agreed standard data protection clauses with the provider in accordance with Article 46 (2) (c) GDPR. These oblige the recipient of the data in the USA to process the data in accordance with the level of protection in Europe. In cases in which this cannot be ensured even with this contractual extension, we endeavor to obtain additional regulations and commitments from the recipient in the USA.
Hotjar
We use Hotjar in order to better understand our users’ needs and to optimize this service and experience. Hotjar is a technology service that helps us better understand our users’ experience (e.g. how much time they spend on which pages, which links they choose to click, what users do and don’t like, etc.) and this enables us to build and maintain our service with user feedback. Hotjar uses cookies and other technologies to collect data on our users’ behavior and their devices. This includes a device's IP address (processed during your session and stored in a de-identified form), device screen size, device type (unique device identifiers), browser information, geographic location (country only), and the preferred language used to display our website. Hotjar stores this information on our behalf in a pseudonymized user profile. Hotjar is contractually forbidden to sell any of the data collected on our behalf.
For further details, please see the ‘about Hotjar’ section of Hotjar’s support site.
Rights of the Data Subject
Right of confirmation
Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may at any time contact us.
Right of access
Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European legislator grants the data subject access to the following information:
- the purposes of the processing;
- the categories of personal data concerned;
- the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations;
- where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
- the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;
- the existence of the right to lodge a complaint with a supervisory authority;
- where the personal data are not collected from the data subject, any available information as to their source;
- the existence of automated decision-making, including profiling, referred to in Article 22 (1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
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 organization. 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 avail himself of this right of access, he or she may at any time contact us.
Right to rectification
Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement. If a data subject wishes to exercise this right to rectification, he or she may at any time contact us.
Right to erasure (Right to be forgotten)
Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies and as long as the processing is not is necessary:
- The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
- The data subject withdraws consent on which the processing is based according to point (a) of Article 6 (1) of the GDPR, or point (a) of Article 9 (2) of the GDPR, and where there is no other legal ground for the processing.
- The data subject objects to the processing pursuant to Article 21 (1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21 (2) of the GDPR.
- The personal data have been unlawfully processed.
- The personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
- The personal data have been collected in relation to the offer of information society services referred to in Article 8 (1) of the GDPR.
If one of the above-mentioned reasons applies and a data subject wishes to request the erasure of personal data stored by OT Distribution GmbH & Co KG, he or she may at any time contact our data protection officer or another employee of the controller. We shall promptly ensure that the erasure request is complied with immediately.
Where OT Distribution GmbH & Co KG has made the personal data public and is obliged pursuant to paragraph 1 to erase the personal data, OT Distribution GmbH & Co KG, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers which are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. We will arrange the necessary measures in individual cases.
Right of restriction of processing
Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:
- The accuracy of the personal data is contested by the data subject, for a period enabling the Controller to verify the accuracy of the personal data.
- The processing is unlawful and the data subject opposes the erasure of the personal data and requests instead the restriction of their use instead.
- The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
- The data subject has objected to processing pursuant to Article 21 (1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
If one of the abovementioned conditions is met and a data subject wishes to request the restriction of the processing of personal data stored by OT Distribution GmbH & Co KG, he or she may at any time contact us. We will arrange the restriction of the processing.
Right to data portability
Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided as long as the processing is based on consent pursuant to point (a) of Article 6 (1) of the GDPR or point (a) of Article 9 (2) of the GDPR or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as 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 his or her right to data portability pursuant to Article 20 (1) of the GDPR, the data subject shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible and does not adversely affect the rights and freedoms of others. In order to assert the right to data portability, the data subject may at any time contact us.
Right to object
Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on point (e) or (f) of Article 6 (1) of the GDPR. This also applies to profiling based on these provisions.
OT Distribution GmbH & Co KG shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defense of legal claims.
If OT Distribution GmbH & Co KG processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to OT Distribution GmbH & Co KG to the processing for direct marketing purposes, OT Distribution GmbH & Co KG will no longer process the personal data for these purposes.
In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by OT Distribution GmbH & Co KG for scientific or historical research purposes or statistical purposes pursuant to Article 89 (1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
In order to exercise the right to object, the data subject may directly contact us. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.
Automated individual decision-making in specific case, including profiling
Each data subject shall have 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 him or her or similarly significantly affects him or her, as long as the decision (1) is not is necessary for entering into, or performance of, a contract between the data subject and a data controller, or (2) is not authorized 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 not based on the data subject’s explicit consent.
If the decision (1) is necessary for entering into, or performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject’s explicit consent, OT Distribution GmbH & Co KG 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 his or her point of view and to contest the decision.
If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may at any time directly contact us.
Right to withdraw data protection consent
Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time. If the data subject wishes to exercise the right to withdraw the consent, he or she may at any time directly contact us.
Right of complaint to a regulatory authority
Notwithstanding alternative administrative or legal proceedings the data subject has the right of complaint to a regulatory authority in the state of residence, employment or the member state where the alleged violation occurs.
The regulatory authority is informing the complainant about the status and the results of the complaint including the possibility to appeal pursuant to Article 78 of the GDRP.
Last revised: December 5, 2024