1. An overview of data protection
HSO Herbert Schmidt Gmbh & Co. KG (from now on: „We“) as the runner of the website is responsible for processing of person-related data of the users of the website. We take the protection of your privacy and your private data very serious. We record, store and use your person-related data only in compliance with the content of this data protection declaration as well as the applicable data protection legal regulations, especially the European Data Protection Basic Regulations (DSGVO) and the national data protection regulations. With this data protection declaration, we want to inform you, to which extent and for which purpose person-related data are processed in connection with the use of this online offer.
Data collection on our website
Who is responsible for the data collection on this website?
The data collected on this website are processed by the website operator. The operator’s contact details can be found in the website’s required legal notice.
How do we collect your data?
Some data are collected when you provide it to us. This could, for example, be data you enter on a contact form. Other data are collected automatically by our IT systems when you visit the website. These data are primarily technical data such as the browser and operating system you are using or when you accessed the page. These data are collected automatically as soon as you enter our website.
What do we use your data for?
Part of the data is collected to ensure the proper functioning of the website. Other data can be used to analyze how visitors use the site.
What rights do you have regarding your data?
You always have the right to request information about your stored data, its origin, its recipients, and the purpose of its collection at no charge. You also have the right to request that it be corrected, blocked, or deleted. You can contact us at any time using the address given in the legal notice if you have further questions about the issue of privacy and data protection. You may also, of course, file a complaint with the competent regulatory authorities.
What are person-related data?
Person-related data are information on an identied or identifiable natural person. This includes all information on your identity like e.g. name, e-mail address or postal address. Information, which cannot be connected with the identity (like e.g. statistical data, for example number of users of the online offer), are not regarded as person-related information. You can generally use our online offer without exposing your identity and without stating person-related data. Then only general information on the visit to our online offer are registered by us. For some services offered, person-related information on you is ascertained. These data are subsequently in principle only processed for the use of the use of this online offer, especially for providing the requested information. When ascertaining person-related information, only those data have to be stated obligingly, which are absolutely required. In addition, further data may be possible, that are voluntary statements. We point out in each case, whether the boxes are obligatory or the statements are voluntary. We inform you on the concrete details in the respective section of this declaration of data protection. An automated decision-making based on your person-related information does not happen in connection with using our online offer.
How are person-related data processed?
Your data are stored by us on especially protected servers within the European Union. These are protected by technical and organizatory measures against loss, destruction, access, change or distribution of your data by unauthorized persons. The access to your data is possible only for a few, authorized persons. These are responsible for the technical, commercial or editorial service of the servers. But in spite of regular control, complete protection against all risks is not possible.
Your person-related data are transferred via the internet encoded. We use an SSL-code (Secure Socket Layer) for the data transfer.
Legal Basis of the Data Processing
As far as we require your consent for processing your person-related information, Art. 6 Abs. 1 lit. a) DSGVO serves as the legal basis for the data processing. As far as your person-related information is processed, because is required for the implementation of a contract or within a contract-like relationship with you, Art. 6 Abs. 1 lit. b) DSGVO serves as the legal basis for the data processing. . As far as your person-related information is processed for the implementation of a legal obligation, Art. 6 Abs. 1 lit. c) DSGVO serves as the legal basis for the data processing. In addition, Art. 6 Abs. 1 lit. f) DSGVO is considered as the legal basis for the data processing, if processing of your person-related information is required for protecting a legitimate interest of our company or a third party and, here, your interest, fundamental rights and fundamental freedom do not require the protection of the person-related information. Within this declaration of data protection, we always point out , on which legal basis we found the processing of your person-related information.
Data deletion and storage period
We generally delete or lock your person-related data always, when the purpose of storage no longer applies. But storage may be extended, if this is intended by legal regulations, which we are subject to, e.g. concerning legal duty for storage and documentation. In such a case, we delete or lock your person-related data after the end of the respective regulations.
Analysis tools and tools provided by third parties
There is a possibility that your browsing patterns will be statistically analysed when your visit our website. Such analyses are performed primarily with cookies and with what we refer to as analysis programmes. As a rule, the analyses of your browsing patterns are conducted anonymously; i.e. the browsing patterns cannot be traced back to you. You have the option to object to such analyses or you can prevent their performance by not using certain tools. For detailed information about this, please consult our Data Protection Declaration below.
You do have the option to object to such analyses. We will brief you on the objection options in this Data Protection Declaration.
2. General information and mandatory information
Notice concerning the party responsible for this website
The party responsible for processing data on this website is:
HSO HERBERT SCHMIDT GmbH & Co. KG
Geschäftsführer: John Capps
Schorberger Str. 18 – 26
Telephone: +49 212 65850
The responsible party is the natural or legal person who alone or jointly with others decides on the purposes and means of processing personal data (names, email addresses, etc.).
Revocation of your consent to the processing of your data
Many data processing operations are only possible with your express consent. You may revoke your consent at any time with future effect. An informal email making this request is sufficient. The data processed before we receive your request may still be legally processed.
Right to object to the collection of data in special cases; right to object to direct advertising (Art. 21 GDPR)
In the event that data are processed on the basis of Art. 6 Sect. 1 lit. e or f GDPR, you have the right to at any time object to the processing of your personal data based on grounds arising from your unique situation. This also applies to any profiling based on these provisions. To determine the legal basis, on which any processing of data is based, please consult this Data Protection Declaration. If you log an objection, we will no longer process your affected personal data, unless we are in a position to present compelling protection worthy grounds for the processing of your data, that outweigh your interests, rights
and freedoms or if the purpose of the processing is the claiming, exercising or defence of legal entitlements (objection pursuant to Art. 21 Sect. 1 GDPR).
If your personal data is being processed in order to engage in direct advertising, you have the right to at any time object to the processing of your affected personal data for the purposes of such advertising. This also applies to profiling to the extent that it is affiliated with such direct advertising. If you object, your personal data will subsequently no longer be used for direct advertising purposes (objection pursuant to Art. 21 Sect. 2 GDPR).
Right to file complaints with regulatory authorities
If there has been a breach of data protection legislation, the person affected may file a complaint with the competent regulatory authorities. The competent regulatory authority for matters related to data protection legislation is the data protection officer of the German state in which our company is headquartered. A list of data protection officers and their contact details can be found at the following link: https://www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html.
Right to data portability
You have the right to have data which we process based on your consent or in fulfillment of a contract automatically delivered to yourself or to a third party in a standard, machine-readable format. If you require the direct transfer of data to another responsible party, this will only be done to the extent technically feasible.
SSL or TLS encryption
This site uses SSL or TLS encryption for security reasons and for the protection of the transmission of confidential content, such as the inquiries you send to us as the site operator. You can recognize an encrypted connection in your browser’s address line when it changes from “http://” to “https://” and the lock icon is displayed in your browser’s address bar.
If SSL or TLS encryption is activated, the data you transfer to us cannot be read by third parties.
Information about, blockage, rectification and eradication of data
Within the scope of the applicable statutory provisions, you have the right to at any time demand information about your archived personal data, their source and recipients as well as the purpose of the processing of your data. You may also have a right to have your data rectified, blocked or eradicated. If you have questions about this subject matter or any other questions about personal data, please do not hesitate to contact us at any time at the address provided in section “Information Required by Law.”
Right to demand processing restrictions
You have the right to demand the imposition of restrictions as far as the processing of your personal data is concerned. To do so, you may contact us at any time at the address provided in section “Information Required by Law.” The right to demand restriction of processing applies in the following cases:
- In the event that you should dispute the correctness of your data archived by us, we will usually need some time to verify this claim. During the time that this investigation is ongoing, you have the right to demand that we restrict the processing of your personal data.
- If the processing of your personal data was/is conducted in an unlawful manner, you have the option to demand the restriction of the processing of your data in lieu of demanding the eradication of this data.
- If we do not need your personal data any longer and you need it to exercise, defend or claim legal entitlements, you have the right to demand the restriction of the processing of your personal data instead of its eradication.
- If you have raised an objection pursuant to Art. 21 Sect. 1 GDPR, your rights and our rights will have to be weighed against each other. As long as it has not been determined whose interests prevail, you have the right to demand a restriction of the processing of your personal data.
If you have restricted the processing of your personal data, these data – with the exception of their archiving – may be processed only subject to your consent or to claim, exercise or defend legal entitlements or to protect the rights of other natural persons or legal entities or for important public interest reasons cited by the European Union or a member state of the EU.
Rejection of unsolicited e-mails
We herewith object to the use of contact information published in conjunction with the mandatory information to be provided in section “Information Required by Law” to send us promotional and information
material that we have not expressly requested. The operators of this website and its pages reserve the express right to take legal action in the event of the unsolicited sending of promotional information, for instance via SPAM messages.
3. Data protection officer
Designation of a data protection officer as mandated by law
We have appointed a data protection officer for our company.
HSO HERBERT SCHMIDT GmbH & Co. KG
Schorberger Str. 18 – 26
Telephone: +49 212 65850
4. Data collection on our website
Most of the cookies we use are so-called “session cookies.” They are automatically deleted after your visit. Other cookies remain in your device’s memory until you delete them. These cookies make it possible to recognize your browser when you next visit the site.
Server log files
The website provider automatically collects and stores information that your browser automatically transmits to us in “server log files”. These are:
- Browser type and browser version
- Operating system used
- Referrer URL
- Host name of the accessing computer
- Time of the server request
- IP address
These data will not be combined with data from other sources.
The basis for data processing is Art. 6 (1) (f) DSGVO, which allows the processing of data to fulfill a contract or for measures preliminary to a contract.
Ascertaining of person-related data during visits to our website
For just informational use of our website, we ascertain only those person-related data, which your browser transmits to our server. If you want to see our website, we ascertain the following data, which are technically required to display our website to you and to guarantee the stability and safety:
- Date and time of enquiry
- Time zone difference to Greenwich Mean Time (GMT)
- Content of the request (concrete page)
- Access status/HTTP status code
- Each transmitted data quantity
- Website, from which the request comes
- If applicable, operating system and its surface
- Language and version of the browser software
If you submit inquiries to us via our contact form, the information provided in the contact form as well as any contact information provided therein will be stored by us in order to handle your inquiry and in the event that we have further questions. We will not share this information without your consent. Hence, the processing of the data entered into the contact form occurs exclusively based on your consent (Art. 6 Sect. 1 lit. a GDPR). You have the right to revoke at any time any consent you have already given us. To do so, all you are required to do is sent us an informal notification via e-mail. This shall be without prejudice to the lawfulness of any data collection that occurred prior to your revocation. The information you have entered into the contact form shall remain with us until you ask us to eradicate the data, revoke your consent to the archiving of data or if the purpose for which the information is being archived no longer exists (e.g. after we have concluded our response to your inquiry). This shall be without prejudice to any mandatory legal provisions – in particular retention periods.
Request by e-mail, telephone or fax
If you contact us by e-mail, telephone or fax, your request, including all resulting personal data (name, request) will be stored and processed by us for the purpose of processing your request. We do not pass these data on without your consent. The processing of these data is based on Art. 6 para. 1 lit. b GDPR, if your request is related to the execution of a contract or if it is necessary to carry out pre-contractual measures. In all other cases, the processing is based on your consent (Article 6 (1) a GDPR) and/or on our legitimate interests (Article 6 (1) (f) GDPR), since we have a legitimate interest in the effective processing of requests addressed to us. The data sent by you to us via contact requests remain with us until you request us to delete, revoke your consent to the storage or the purpose for the data storage lapses (e.g. after completion of your request). Mandatory statutory provisions – in particular statutory retention periods – remain unaffected.
Processing of data (customer and contract data)
We collect, process and use personal data only to the extent necessary for the establishment, content
organization or change of the legal relationship (data inventory). These actions are taken on the basis of Art.
6 Sect. 1 lit. b GDPR, which permits the processing of data for the fulfilment of a contract or pre-contractual
actions. We collect, process and use personal data concerning the use of our website (usage data) only to the
extent that this is necessary to make it possible for users to utilize the services and to bill for them.
The collected customer data shall be eradicated upon completion of the order or the termination of the
business relationship. This shall be without prejudice to any statutory retention mandates.
5. Analysis tools and advertising
This website uses functions of the web analysis service Google Analytics. The provider of this service is Google Ireland Limited, Gordon House, Barrow Street Dublin 4, Irland. Google Analytics uses so-called cookies. Cookies are text files, which are stored on your computer and that enable an analysis of the use of the website by users. The information generated by cookies on your use of this website is usually transferred to a Google server in the United States, where it is stored. The storage of Google Analytics cookies and the utilization of this analysis tool are based on Art. 6 Sect. 1 lit. f GDPR. The operator of this website has a legitimate interest in the analysis of user patterns to optimize both, the services offered online and the operator’s advertising activities.
On this website, we have activated the IP anonymization function. As a result, your IP address will be abbreviated by Google within the member states of the European Union or in other states that have ratified the Convention on the European Economic Area prior to its transmission to the United States. The full IP address will be transmitted to one of Google’s servers in the United States and abbreviated there only in exceptional cases. On behalf of the operator of this website, Google shall use this information to analyse your use of this website to generate reports on website activities and to render other services to the operator of this website that are related to the use of the website and the Internet. The IP address transmitted in conjunction with Google Analytics from your browser shall not be merged with other data in Google’s possession.
You do have the option to prevent the archiving of cookies by making pertinent changes to the settings of your browser software. However, we have to point out that in this case you may not be able to use all of the functions of this website to their fullest extent. Moreover, you have the option prevent the recording of the data generated by the cookie and affiliated with your use of the website (including your IP address) by Google as well as the processing of this data by Google by downloading and installing the browser plug-in available under the following link:
Objection to the recording of data
You have the option to prevent the recording of your data by Google Analytics by clicking on the following link. This will result in the placement of an opt out cookie, which prevents the recording of your data during future visits to this website:
For more information about the handling of user data by Google Analytics, please consult Google’s Data Privacy Declaration at: https://support.google.com/analytics/answer/6004245?hl=en.
Contract data processing
We have executed a contract data processing agreement with Google and are implementing the stringent provisions of the German data protection agencies to the fullest when using Google Analytics.
Demographic parameters provided by Google Analytics
This website uses the function “demographic parameters” provided by Google Analytics. It makes it possible to generate reports providing information on the age, gender and interests of website visitors. The sources of this information are interest-related advertising by Google as well as visitor data obtained from third party providers. This data cannot be allocated to a specific individual. You have the option to deactivate this function at any time by making pertinent settings changes for advertising in your Google account or you can generally prohibit the recording of your data by Google Analytics as explained in section “Objection to the recording of data.”
Data on the user or incident level stored by Google linked to cookies, user IDs or advertising IDs (e.g. DoubleClick cookies, Android advertising ID) will be anonymized or deleted after 14 month. For details please click the following link:
If you would like to subscribe to the newsletter offered on this website, we will need from you an e-mail address as well as information that allow us to verify that you are the owner of the e-mail address provided and consent to the receipt of the newsletter. No further data shall be collected or shall be collected only on a voluntary basis. We shall use such data only for the sending of the requested information and shall not share such data with any third parties. The processing of the information entered into the newsletter subscription form shall occur exclusively on the basis of your consent (Art. 6 Sect. 1 lit. a GDPR). You may revoke the consent you have given to the archiving of data, the e-mail address and the use of this information for the sending of the newsletter at any time, for instance by clicking on the “Unsubscribe” link in the newsletter. This shall be without prejudice to the lawfulness of any data processing transactions that have taken place to date. The data you archive with us for the purpose of the newsletter subscription shall be archived by us until you unsubscribe from the newsletter. Once you cancel your subscription to the newsletter, the data shall be deleted. This shall not affect data we have been archiving for other purposes.
This website uses Rapidmail for the sending of newsletters. The provider is the rapidmail GmbH, Augustinerplatz 2, 79098 Freiburg i.Br., Germany. Rapidmail services can, among other things, be used to organize and analyse the sending of newsletters. The data you enter for the purpose of subscribing to the newsletter are archived on Rapidmail servers in
Germany. If you do not want to permit an analysis by Rapidmail, you must unsubscribe from the newsletter. We provide a link for you to do this in every newsletter message. Moreover, you can also unsubscribe from the newsletter right on the website.
Data analysis by Rapidmail
For analytical purposes, e-mails sent via Rapidmail are tagged with a so-called “Tracking Pixel”, which connects to Rapidmail’s servers once the e-mail is opened. As a result, it is possible to determine whether a newsletter e-mail was actually opened.
With the assistance of Rapidmail we are also able to determine whether and which links in the newsletter message the recipient clicked. All links integrated into the e-mail are so-called Tracking Links that enable us to count your clicks.
For more details on the Rapidmail analysis functions, please follow this link:
The data is processed based on your consent (Art. 6 Sect. 1 lit. a GDPR). You may revoke any consent you have given at any time by unsubscribing from the newsletter. This shall be without prejudice to the lawfulness of any data processing transactions that have taken place prior to your revocation.
The data you archive with us for the purpose of the newsletter subscription shall be archived by us until you unsubscribe from the newsletter. Once you cancel your subscription to the newsletter, the data shall be deleted from our servers as well as those of CleverElements. This shall not affect data we have been archiving for other purposes. For more details, please consult the Data Protection Regulations of Rapidmail at:
Execution of a contract data processing agreement
We have executed a contract with Rapidmail, in which we require Rapidmail to protect our customers’ data and to refrain from sharing such data with third parties. You may review this contract under the following link:
7. Plug-ins and Tools
YouTube with expanded data protection integration
Our website uses plug-ins of the YouTube platform, which is being operated by YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, USA. We use YouTube in the expanded data protection mode. According to YouTube, this mode ensures that YouTube does not store any information about visitors to this website before they watch the video. Nevertheless, this does not necessarily mean that the sharing of data with YouTube partners can be ruled out as a result of the expanded data protection mode. For instance, regardless of whether you are watching a video, YouTube will always establish a connection with the Google DoubleClick network. As soon as you start to play a YouTube video on our website, a connection to YouTube’s servers will be established. As a result, the YouTube server will be notified, which of our pages you have visited. If you are logged into your YouTube account while you visit our site, you enable YouTube to directly allocate your browsing patterns to your personal profile. You have the option to prevent this by logging out of your YouTube account.
Furthermore, after you have started to play a video, YouTube will be able to place various cookies on your device. With the assistance of these cookies, YouTube will be able to obtain information about our website visitor. Among other things, this information will be used to generate video statistics with the aim of improving the user friendliness of the site and to prevent attempts to commit fraud. These cookies will stay on your device until you delete them.
Google Maps (with consent)
This website uses Google Maps, a mapping/location service, via an API. The provider is Google Inc., 1600 Amphitheatre Parkway Mountain View, CA 94043, USA. To warrant data protection on our website, you will find that Google Maps has been deactivated when you visit our website for the first time. A direct connection to Google’s servers will not be established until you have activated Google Maps autonomously at your end (i.e. given your consent pursuant to Art. 6 Sect. 1 lit. a GDPR). This will prevent the transfer of your data to Google during your first visit to our website. Once you have activated the service, Google Maps will store your IP address. As a rule, it is subsequently transferred to a Google server in the United States, where it is stored. The provider of this website does not have any control over this data transfer once Google Maps has been activated. For more information about the handling of user data, please consult the Data Privacy Declaration of Google under the following link: https://www.google.de/intl/de/policies/privacy/.
8. Custom Services
We offer website visitors the opportunity to submit job applications to us (e.g. via e-mail, via postal services on by submitting the online job application form). Below, we will brief you on the scope, purpose and use of the personal data collected from you in conjunction with the application process. We assure you that the collection, processing and use of your data will occur in compliance with the applicable data privacy rights and all other statutory provisions and that your data will always be treated as strictly confidential.
Scope and purpose of the collection of data
If you submit a job application to us, we will process any affiliated personal data (e.g. contact and communications data, application documents, notes taken during job interviews, etc.), if they are required to make a decision concerning the establishment or an employment relationship. The legal grounds for the aforementioned are § 26 New GDPR according to German Law (Negotiation of an Employment Relationship), Art. 6 Sect. 1 lit. b GDPR (General Contract Negotiations) and – provided you have given us your consent – Art. 6 Sect. 1 lit. a GDPR. You may revoke any consent given at any time. Within our company, your personal data will only be shared with individuals who are involved in the processing of your job application. If your job application should result in your recruitment, the data you have submitted will be archived on the grounds of § 26 New GDPR and Art. 6 Sect. 1 lit. b GDPR for the purpose of implementing the employment relationship in our data processing system.
Data Archiving Period
If we should not be able to offer you a position, if you refuse a job offer, retract your application, revoke your consent to the processing of your data or ask us to delete your data, we will store your transferred data, incl. any physically submitted application documents for a maximum of 6 months after the conclusion of the application process (retention period) to enable us to track the details of the application process in the event of disparities (Art. 6 Sect. 1 lit. f GDPR).
YOU HAVE THE OPTION TO OBJECT TO THIS STORAGE/RETENTION OF YOUR DATA IF YOU HAVE LEGITIMATE INTERESTS TO DO SO THAT OUTWEIGH OUR INTERESTS.
Once the retention period has expired, the data will be deleted, unless we are subject to any other statutory retention obligations or if any other legal grounds exist to continue to store the data. If it should be foreseeable that the retention of your data will be necessary after the retention period has expired (e.g. due to imminent or pending litigation), the data shall not be deleted until the data have become irrelevant. This shall be without prejudice to any other statutory retention periods.
9. Social Media
In our online offer, you find links to the social network Facebook as well as the career network LinkedIn. The links are recognizable by the respective logo of the providers. By clicking on the links, the respective social media sites are opened, for which this declaration of data protection does not apply. For details concerning the regulations in force there, please see the respective declarations of data protection of the individual provider;
You can find them here: Facebook: http://www.facebook.com/policy.php
Before opening the respective links, no person-related information is transmitted to the respective provider. Your opening the linked site is simultaneously the basis for the data processing by the respective provider.
10. Links to other Websites
Our online offer can contain links to other websites. These links are generally marked as such. We do not have any influence on how far the valid regulations on data protection are observed by the linked websites. Therefore, we recommend that you inform yourself on other websites on the respective declarations of data protection as well.
11. Exclusion of Liability
We point out, that the data transmission in the internet (e.g. in communication by e-mail) may show safety problems. Complete protection of the data against access by third parties is not possible.
We dissociate ourselves explicitly from all contents of all linked sites. This statement refers to all links and references made within the own internet offer as well as for all outside entries. For illegal, incorrect or incomplete contents and especially for damage, which result from the use or not-use of such offered information, the supplier of the site, to which it was referred to, is liable alone, not the one, who just refers to the respective publication via links.
12. Changes of this Data Protection Declaration
The status of this data protection declaration is indicated by the calendar date (below). We reserve the right to change this data protection declaration at any time with effect for the future. A change is performed especially with technical adaptions of the website or with changes of the legal data protection regulations. The version of the data protection declaration currently effective can always be retrieved directly via the website. We recommend to inform you regularly about changes of this data protection declaration.
Status: Feb. 2019