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privacy policy

We are very pleased about your interest in our company.

Data protection is of particularly high importance for the management of Gauger GmbH.

The use of the Internet pages of Gauger GmbH is possible without any indication of personal data.

However, if a data subject wants to use special services of our company via our website,

the processing of personal data could become necessary. If the processing of personal

data is necessary and there is no legal basis for such processing, we generally obtain the

consent of the data subject.

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The processing of personal data, such as the name, address, email address, or

telephone number of a data subject, is always in line with the General Data Protection

Regulation and in accordance with the country-specific data protection regulations

applicable to Gauger GmbH. Through this data protection declaration, our company

would like to inform the public about the nature, scope, and purpose of the personal

data we collect, use, and process. Furthermore, data subjects are informed of their

rights via this data protection declaration.

As the controller, Gauger GmbH has implemented numerous technical and

organizational measures to ensure the most complete protection of personal data

processed through this website. Nevertheless, Internet-based data transmissions can

generally have security gaps, so absolute protection cannot be guaranteed. For this

reason, every data subject is free to transfer personal data to us via alternative means,

such as by telephone.

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1. Definitions

The data protection declaration of Gauger GmbH 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 easy to read and understand for the public, as

well as for our customers and business partners. To ensure this, we would like to first

explain the terminology used. In this data protection declaration, we use, among others,

the following terms:

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1.1 Personal Data

Personal data means any information relating to an identified or identifiable natural

person (hereinafter "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.

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1.2 Data Subject

A data subject is any identified or identifiable natural person whose personal data is

processed by the controller responsible for the processing.

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1.3 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, organization, structuring, storage, adaptation or alteration, retrieval,

consultation, use, disclosure by transmission, dissemination or otherwise making

available, alignment or combination, restriction, erasure, or destruction.

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1.4 Restriction of Processing

Restriction of processing is the marking of stored personal data with the aim of limiting

their processing in the future.

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1.5 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 analyze or predict aspects concerning that natural person's performance at

work, economic situation, health, personal preferences, interests, reliability, behavior,

location, or movements.

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1.6 Pseudonymization

Pseudonymization 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 organizational measures to ensure that the personal data are not

attributed to an identified or identifiable natural person.g) Controller or Controller Responsible for the Processing 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.

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1.7 Processor

Processor is a natural or legal person, public authority, agency, or other body which

processes personal data on behalf of the controller.

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1.8 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.

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1.9 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 authorized to process personal data.

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1.10 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.

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2. 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:

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Gauger GmbH

Höhe 3

38533 Vordorf OT Rethen

Germany, Niedersachsen

Phone: +49 (0)5304908866

Email: fgg@gaugergmbh.com

Website: [www.gaugergmbh.com](http://www.gaugergmbh.com)

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3. Cookies

The Internet pages of Gauger GmbH use 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, Gauger GmbH can provide 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, for example, 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, cookies that have already been

set 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.

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4. Collection of General Data and Information

The website of Gauger GmbH collects a series of general data and information when a

data subject or automated system calls up the website. This general data and

information are stored in the server log files. Collected may be (1) the browser types and

versions used, (2) the operating system used by the accessing system, (3) the website

from which an accessing system reaches our website (so-called referrers), (4) the sub-

websites, (5) the date and time of access to the Internet site, (6) an Internet protocol

address (IP address), (7) the Internet service provider of the accessing system, and (8)

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, Gauger GmbH does not draw any

conclusions about the data subject. Rather, this information is needed to (1) deliver the

content of our website correctly, (2) optimize the content of our website as well as its

advertisement, (3) ensure the long-term viability of our information technology systems

and website technology, and (4) provide law enforcement authorities with the

information necessary for criminal prosecution in case of a cyber-attack. Therefore,

Gauger GmbH analyzes anonymously collected data and information statistically, with

the aim of increasing the data protection and data security of our enterprise, and to

ensure an optimal level of protection for the personal data we process. The anonymous

data of the server log files are stored separately from all personal data provided by a

data subject.

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5. Routine Erasure and Blocking of Personal Data

The data controller shall process and store the personal data of the data subject only for

the period necessary to achieve the purpose of storage, or as far as this is granted by theEuropean legislator or other legislators in laws or regulations to which the controller is

subject.

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.

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6. Rights of the Data Subject

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6.1 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 any employee of the controller.

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6.2 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 directives and regulations grant the

data subject access to the following information:

  • the purposes of the processing;

  • the categories of personal data concerned

  • the recipients or categories of recipients 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 envisaged consequences of such
    processing for the data subject.

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Furthermore, the data subject shall have the 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 any employee of the

controller.

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6.3 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, as long as the processing is not 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 to 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 must 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 aforementioned reasons applies, and a data subject wishes to request the

erasure of personal data stored by Gauger GmbH, he or she may, at any time, contact

any employee of the controller. An employee of Gauger GmbH shall promptly ensure

that the erasure request is complied with immediately.Where the controller has made personal data public and is obliged pursuant to Article

17(1) to erase the personal data, the controller, taking account of available technology

and the cost of implementation, shall take reasonable steps, including technical

measures, to inform other controllers processing the personal data that the data subject

has requested erasure by such controllers of any links to, or copy or replication of, those

personal data, as far as processing is not required. An employee of Gauger GmbH will

arrange the necessary measures in individual cases.

 

6.4 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.

- 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 defense 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 aforementioned conditions is met, and a data subject wishes to request the

restriction of the processing of personal data stored by Gauger GmbH, he or she may at

any time contact any employee of the controller. The employee of Gauger GmbH will

arrange the restriction of the processing.

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6.5 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 iscarried 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 personal data transmitted

directly from one controller to another, where technically feasible and when doing so

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

any employee of Gauger GmbH.

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6.6 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 the 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.

Gauger GmbH 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 Gauger GmbH processes personal data for direct marketing purposes, the data

subject shall have the right to object at any time to the 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 Gauger GmbH to the

processing for direct marketing purposes, Gauger GmbH 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 the processing of personal data concerning him or her by Gauger

GmbH for scientific or historical research purposes, or for 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 any

employee of Gauger GmbH or another employee. 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.

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6.7 Automated Individual Decision-Making, 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 necessary for entering into, or the 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 the performance of, a contract

between the data subject and a data controller, or (2) it is based on the data subject's

explicit consent, Gauger GmbH shall implement suitable measures to safeguard the

data subject's rights and freedoms and legitimate interests, at least the right to obtain

human intervention on the part of the controller, to express 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, contact any employee of Gauger GmbH.

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6.8 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 the 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,

contact any employee of Gauger GmbH.

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7. Legal Basis for the Processing

 

Art.6(1)(a) GDPR serves as the legal basis for processing operations for which we obtain

consent for a specific processing purpose. If the processing of personal data is

necessary for the performance of a contract to which the data subject is a party, as is

the case, for example, when processing operations are necessary for the supply of

goods or to provide any other service, the processing is based on Article 6(1)(b) GDPR.

The same applies to such processing operations that are necessary for carrying out pre-

contractual measures, for example in the case of inquiries concerning our products or

services. If our company is subject to a legal obligation by which processing of personal

data is required, such as for the fulfillment of tax obligations, the processing is based on

Art. 6(1)(c) GDPR. In rare cases, the processing of personal data may be necessary to

protect the vital interests of the data subject or another natural person. This would be

the case, for example, if a visitor were injured in our company and his name, age, health

insurance data, or other vital information would have to be passed on to a doctor,

hospital, or other third parties. Then the processing would be based on Art. 6(1)(d)

GDPR. Finally, processing operations could be based on Article 6(1)(f) GDPR. This legal

basis is used for processing operations that are not covered by any of the

aforementioned legal grounds if processing is necessary for the purposes of the

legitimate interests pursued by our company or by a third party, except where such

interests are overridden by the interests or fundamental rights and freedoms of the data

subject which require protection of personal data. Such processing operations are

particularly permissible because they have been specifically mentioned by the

European legislator. He considered that a legitimate interest could be assumed if the

data subject is a client of the controller (Recital 47, Sentence 2 GDPR).

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8. Legitimate Interests in the Processing Pursued by the Controller or by a Third Party

Where the processing of personal data is based on Article 6(1)(f) GDPR, our legitimate

interest is to carry out our business in favor of the well-being of all our employees and

the shareholders.

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9. Period for Which the Personal Data Will Be Stored

The criteria used to determine the period of storage of personal data is the respective

statutory retention period. After the expiration of that period, the corresponding data are

routinely deleted, as long as they are no longer necessary for the fulfillment of the

contract or the initiation of a contract.

 

 

10. Provision of Personal Data as a Statutory or Contractual Requirement; Requirement

Necessary to Enter into a Contract; Obligation of the Data Subject to Provide the

Personal Data; Possible Consequences of Failure to Provide Such Data

We clarify that the provision of personal data is partly required by law (e.g., tax

regulations) or can also result from contractual provisions (e.g., information on the

contractual partner). Sometimes it may be necessary to conclude a contract that the

data subject provides us with personal data, which must subsequently be processed by

us. The data subject is, for example, obliged to provide us with personal data when our

company signs a contract with him or her. The non-provision of the personal data would

have the consequence that the contract with the data subject could not be concluded.

Before personal data are provided by the data subject, the data subject must contact

any employee. The employee clarifies to the data subject whether the provision of the

personal data is required by law or contract, or is necessary for the conclusion of the

contract if there is an obligation to provide the personal data and the consequences of

non-provision of the personal data.

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11. Existence of Automated Decision-Making

As a responsible company, we do not use automatic decision-making or profiling.

This data protection declaration has been generated by the data protection declaration

generator of the DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as

External Data Protection Officer Munich, in cooperation with the Privacy Lawyers of

WILDE BEUGER SOLMECKE | Lawyers.

Note: We use a so-called web font, which is reloaded from Google and installed in the

browser.

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