General Data Protection Regulation (GDPR)

I. Name and address of the data controller

Within the meaning of the General Data Protection Regulation (GDPR) and other German national data protection laws and regulations, the data controller is:

J.Schwarzer GmbH & Co. Service KG

Habelschwerdter Straße 1

49439 Steinfeld (Oldb.)
Tel: +49 5492 / 96880

Webseite: www.schwarzer-spedition.de
E-Mail: info_at_schwarzer-spedition.de

II. Name and address of the Data protection officer

Data protection officer of the controller is:
Mr Robert Augustin
E-Mail: datenschutz_at_schwarzer-spedition.de

III. General information on Data processing

1. The purpose of processing personal data
We only collect and use our users’ personal data of insofar as this is necessary to provide a functional website as well as our contents and services. The collection and use of our users’ personal data takes place regularly and only with the user's consent. An exception applies in those cases where prior consent cannot be obtained for real reasons and the processing of the data is permitted by law.

2. Legal basis for the processing of personal data
Insofar as we obtain the consent of the data subject for the processing of personal data, art. 6 para. 1 lit. a EU Data Protection Ordinance (GDPR) serves as the legal basis for the processing of personal data. In the processing of personal data required for the performance of a contract to which the data subject is a party, art. 6 para. 1 lit. b GDPR serves as the legal basis. This also applies to processing operations that are necessary to carry out pre-contractual measures. Insofar as the processing of personal data is required to fulfil a legal obligation to which our company is subject, art. 6 para. 1 lit. c GDPR serves as the legal basis. In the event of the vital interests of the data subject or another natural person requiring the processing of personal data, article 6(1)(d) GDPR serves as the legal basis. If processing is necessary to safeguard a legitimate interest of our company or a third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh the first-mentioned interest, art. 6 para. 1 lit. f GDPR serves as the legal basis for processing.

IV. Data erasure and storage time

The personal data of the person concerned will be deleted or blocked as soon as the purpose of storage ceases to apply. Furthermore, data may be stored if this has been provided for by the European or national legislator in EU regulations, laws or other provisions to which the person responsible is subject. The data will also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless there is a need for further storage of the data for the conclusion or fulfilment of a contract.

1. Description and scope of data processing
Every time you visit our website, our system automatically collects data and information from the computer system of the calling computer.
The following data is collected:
(1) Information about the browser type and version used
(2) The user's operating system
(3) The user’s Internet service provider of the user
(4) The user’s IP address
(5) Date and time of access
(6) Websites from which the user's system reaches our website
(7) Websites accessed by the user's system via our website
The data are also stored in the log files of our system. These data are not stored together with other personal data of the user.

2. Legal basis for data processing
The legal basis for the temporary storage of data is art. 6 para. 1 lit. f GDPR.

3. Purpose of data processing
The temporary storage of the IP address by the system is necessary to enable the website to be delivered to the user's computer. For this the user’s IP address must remain stored for the duration of the session.
Storage in log files is done to ensure the functionality of the website. In addition, we use the data to optimise the website and to guarantee the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context.
Our legitimate interest in data processing pursuant to art. 6 para. 1 lit. f GDPR also lies in these purposes.

4. Duration of storage
The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected. In the case of the collection of data for the provision of the website, this is the case when the respective session has ended. If the data is stored in log files, this is the case after seven days at the latest. A storage going beyond this is possible. In this case the IP addresses of the users are deleted or alienated, so that an assignment of the calling client is no longer possible.

5. Possibility of objection and removal
The collection of data for the provision of the website and the storage of data in log files is mandatory for the operation of the website. Consequently, there is no possibility for the user to object.

V. Use of cookies

1. Description and scope of data processing
Our website uses cookies. Cookies are text files that are stored in the Internet browser or by the Internet browser on the user's computer system. If a user visits a website, a cookie may be stored on the user's operating system. This cookie contains a characteristic character string that enables a unique identification of the browser when the website is called up again. We use cookies to make our website more user-friendly. Some elements of our website require the calling browser to be identified even after a page change.
The following data is stored and transmitted in the cookies:
(1) Status display cookie banner

2. Purpose of data processing
The purpose of using technically necessary cookies is to simplify the use of websites for users. Some functions of our website cannot be offered without the use of cookies.
These require the browser to be recognised even after a page change.
We need cookies for the following applications:
(1) If the cookie banner was displayed and confirmed.
The user data collected by technically necessary cookies are not used to create user profiles.These purposes also include our legitimate interest in the processing of personal data in accordance with art. 6 para. 1 lit. f GDPR.

3. Duration of storage and restriction of the use of cookies
Cookies are stored on the user's computer and transmitted to our site. Therefore, you as a user have full control over the use of cookies. You can deactivate or restrict the transmission of cookies by changing the settings in your Internet browser. Cookies that have already been saved can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it is possible that all functions of the website can no longer be used to their full extent.

VI. E-mail contact

1. Description and scope of data processing
On our website there are contact forms which can be used to contact us electronically. If a user takes advantage of this option, the data entered in the input mask will be transmitted to us and stored. The following data may be collected:
Name, company, address, contact information (email, phone), message.
At the time the message is sent, the following data is also stored:
(1) The user's IP address
(2) Date and Time
Your data will be processed in accordance with this data protection declaration.
It is also possible to contact us via the e-mail address provided. In this case, the user's personal data transmitted with the e-mail will be stored.
Data provided in this context is not shared with third parties. The data is exclusively used to process the conversation.

2. Legal basis for data processing
Data will be processed on the basis of a consent given by you (art 6 para. 1 lit. a GDPR). If the purpose of data collection is to conclude a contract, the legal basis for processing is art. 6 para. 1 lit. b GDPR.

3. Purpose of data processing
The processing of the personal data from the input mask serves us only to process the contact. If you contact us by e-mail, there is also the necessary legitimate interest in processing the data.
 The other personal data processed during the transmission process serve to prevent misuse of the contact form and to ensure the security of our information technology systems.

4. Duration of storage
The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected. As for the personal data from the input mask of the contact form and those sent by e-mail, this is the case when the respective conversation with the user has ended. The conversation ends when it is clear from the circumstances that the matter in question has been conclusively clarified. The additional personal data collected during the transmission process will be deleted after a period of seven days at the latest.

5. Possibility of objection and disposal
If the user contacts us by e-mail, he can object to the storage of his personal data at any time. In such a case the conversation must be ended.
Please send your objection to the address in the imprint.
In this case, all personal data resulting from the use of the website will be deleted.

VII. Rights of the data subject

If personal data are processed by you, you are affected within the meaning of the GDPR and you are entitled to the following rights with regard to the Controller:

1. Right to information
You can ask the person in charge to confirm whether we process personal data relating to you.
If such processing takes place, you can request the following information from those responsible:
(1) the purposes for which the personal data are processed;
(2) the categories of personal data being processed;
(3) the recipients or categories of recipients to whom the personal data relating to you have been or are still being disclosed;
(4) the planned duration of storage of the personal data relating to you or criteria for determining the storage period, if specific information on this is not possible;
(5) the existence of a right to rectification or deletion of personal data relating to you, a right to limitation of processing by the controller or a right to object to such processing;
(6) the existence of a right of appeal to a supervisory authority;
(7) any available information on the origin of the data if the personal data are not collected from the data subject;
(8) the existence of automated decision-making including profiling in accordance with art. 22 para. 1 and 4 GDPR and - at least in these cases - meaningful information on the logic involved and the scope and intended effects of such processing for the data subject. You have the right to request information about whether your personal data is being transmitted to a third country or to an international organization. In this context, you may request to be informed about the appropriate guarantees in accordance with art. 46 GDPR in connection with the transmission.

2. Right to rectification
You have a right of rectification and/or completion vis-à-vis the data controller if the personal data processed relating to you are incorrect or incomplete. The person responsible shall make the correction without delay.

3. Right to limitation of processing
Personal data concerning you:
(1) if you dispute the accuracy of the personal data relating to you for a period that enables the data controller to verify the accuracy of the personal data;
(2) the processing is unlawful and you object to the deletion of the personal data and instead request the restriction of the use of the personal data;
(3) the data controller no longer needs the personal data for the purposes of the processing, but you do need them to assert, exercise or defend legal claims, or
(4) if you have filed an objection to the processing pursuant to art. 21 para. 1 GDPR and it has not yet been determined whether the legitimate reasons of the person responsible outweigh your reasons.
If the processing of personal data relating to you has been restricted, such data may only be processed - apart from being stored - with your consent or for the purpose of asserting, exercising or defending legal claims or protecting the rights of another natural or legal person or on grounds of an important public interest of the Union or a Member State.
If the processing restriction has been restricted according to the above conditions, you will be informed by the person responsible before the restriction is lifted.

4. Right to deletion
a) Duty to delete
You may request the data controller to delete the personal data relating to you without delay and the controller is obliged to delete this data without delay if one of the following reasons applies:
(1) The personal data relating to you are no longer necessary for the purposes for which they were collected or otherwise processed.
(2) You revoke your consent, on which the processing was based pursuant to art. 6 para. 1 lit. a or art. 9 para. 2 lit. a GDPR, and there is no other legal basis for the processing.
(3) You file an objection against the processing pursuant to art. 21 para. 1 GDPR and there are no overriding legitimate reasons for the processing, or you file an objection against the processing pursuant to art. 21 para. 2 GDPR.
(4) The personal data relating to you were processed unlawfully.
(5) The deletion of personal data relating to you is necessary to fulfil a legal obligation under Union law or the law of the Member States to which the data controller is subject.
(6) The personal data concerning you were collected in relation to information society services offered pursuant to art. 8 para. 1 GDPR.
b) Information to third parties
If the data controller has made the personal data relating to you public and is obliged to delete it pursuant to art. 17 para. 1 GDPR, he shall take appropriate measures, including technical measures, considering the available technology and the implementation costs, to inform data processors who process the personal data that you as the data subject have requested the deletion of all links to this personal data or of copies or replications of this personal data.
c) Exceptions
The right to cancellation does not exist insofar as the processing is necessary:
(1) to exercise freedom of expression and information;
(2) for the performance of a legal obligation required for processing under the law of the Union or of the Member States to which the controller is subject or for the performance of a task in the public interest or in the exercise of official authority conferred on the controller;
(3) for reasons of public interest in the field of public health pursuant to art. 9 para. 2 lit. h and i and art. 9 para. 3 GDPR;
(4) for archiving purposes in the public interest, scientific or historical research purposes or for statistical purposes pursuant to art. 89 para. 1 GDPR, insofar as the law referred to under a) is likely to make it impossible or seriously impair the attainment of the objectives of such processing, or
(5) to assert, exercise or defend legal claims.

5. Right to notification
If you have exercised your right to have the data controller rectify, delete or limit the processing, he is obliged to inform all recipients to whom the personal data relating to you have been disclosed of this correction or deletion of the data or restriction on processing, unless this proves impossible or involves disproportionate effort.
The person responsible shall have the right to be informed of such recipients

6. Right to data transferability
You have the right to receive the personal data relating to you that you provided the person responsible in a structured, common and machine-readable format. In addition, you have the right to pass this data on to another person in charge without obstruction by the person in charge to whom the personal data was sent, provided that
(1) processing is based on consent pursuant to art. 6 para. 1 lit. a GDPR or art. 9 para. 2 lit. a GDPR or on a contract pursuant to art. 6 para. 1 lit. b GDPR and
(2) processing is carried out by means of automated methods.
In exercising this right, you are also entitled to request that the personal data relating to you be transferred directly from one data controller to another, insofar as this is technically feasible. The freedoms and rights of other persons must not be affected by this.
The right to transferability shall not apply to the processing of personal data necessary for the performance of a task in the public interest or in the exercise of official authority conferred on the controller.

7. Right of objection
You have the right to object at any time, for reasons arising from your particular circumstances, to the processing of personal data relating to you under article 6(1)(e) or (f) ofGDPR; this also applies to profiling based on these provisions.The data controller then no longer processes the personal data relating to you, unless he can prove compelling reasons worthy of protection for the processing, which outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.
If the personal data relating to you are processed for direct marketing purposes, you have the right to object at any time to the processing of the personal data relating to you for the purpose of such advertising; this also applies to profiling, insofar as it is associated with such direct marketing.
If you object to the processing for direct marketing purposes, the personal data relating to you will no longer be processed for these purposes.
You have the possibility of exercising your right of objection in connection with the use of information society services by means of automated procedures using technical specifications, notwithstanding Directive 2002/58/EC.

8. Right to revoke the data protection declaration of consent
You have the right to revoke your data protection declaration of consent at any time. Revoking does not affect the legality of the processing carried out on the basis of the consent until revocation.

9. Automated decision in individual cases including profiling
You have the right not to be subject to a decision based exclusively on automated processing - including profiling - that has legal effect against you or significantly impairs you in a similar manner. This does not apply if the decision
(1) is necessary for the conclusion or performance of a contract between you and the person responsible,
(2) the legislation of the Union or of the Member States to which the person responsible is subject is admissible and that legislation contains appropriate measures to safeguard your rights, freedoms and legitimate interests; or
(3) with your express consent.
However, these decisions may not be based on special categories of personal data pursuant to art. 9 para. 1 GDPR, unless art. 9 para. 2 lit. a or g applies and appropriate measures have been taken to protect your rights and freedoms and your legitimate interests.
In the cases referred to in (1) and (3), the person responsible shall take reasonable measures to safeguard your rights, freedoms and legitimate interests, including at least the right to obtain the intervention of an individual by the person responsible, to state his own position and to challenge the decision.

10. Right of appeal to a supervisory authority
Without prejudice to any other administrative or judicial remedy, you have the right of appeal to a supervisory authority, in particular in the Member State where you reside, work or which you suspect of infringement, if you believe that the processing of personal data relating to you is contrary to the GDPR.
The supervisory authority to which the complaint has been lodged shall inform the complainant of the status and results of the complaint, including the possibility of a judicial remedy under article 78 GDPR.

VIII. Data protection provisions for the use of Google / Youtube

1. Data protection provisions on the application and use of Google Analytics
Schwarzer has integrated the Google Analytics component (with anonymization function) on its website and on some of the mobile applications we offer. Google Analytics is a web analysis service. Web analysis makes reference to the survey, collection and evaluation of data about the behavior of visitors of Internet pages. Among other information, a web analysis service collects data on the website from which a data subject came (the so-called referrer), what sub-pages the data subject visited, how often the data subject accessed each sub-page and how long the data subject spent viewing each sub-page. Web analytics are mainly used for website optimization purposes and in order to carry out a cost-benefit analysis of Internet advertising. The operating company of the Google Analytics component is Google Inc., 1600 Amphitheater Pkwy , Mountain View, CA 94043-1351, USA. We use the addition “_ gat ._ anonymizeIp ” for web analysis via Google Analytics. The IP address of the Internet connection of the person concerned is then shortened and anonymized by Google if our Internet pages are accessed from a member state of the European Union or from another signatory to the Agreement on the European Economic Area. The purpose of the Google Analytics component is to analyze the flow of visitors to our website. Google uses the data and information obtained, among other things, to evaluate the use of our website, to compile online reports for us that show the activities on our website, and to provide other services related to the use of our website. Google Analytics places a cookie on the information technology system of the person concerned. The type of this cookies are has already been explained above. By setting the cookie, Google is enabled to analyze the use of our website. Each time one of the individual pages of this website is accessed by the person responsible for processing and on which a Google Analytics component has been integrated, the Internet browser on the information technology system of the person concerned is automatically triggered by the respective Google Analytics component in order to transmit data to Google for the purpose of online analysis. As part of this technical process, Google gains knowledge of personal data, such as the IP address of the person concerned, which is used, among other things, to trace the origin of the visitors and clicks and subsequently to enable commission accounting.
The cookie is used to store personal information, such as the access time, the location from which access was made and the frequency of visits to our website by the person concerned. Each time you visit our website, this personal data, including the IP address of the Internet connection used by the person concerned, is transmitted to Google in the United States of America. These personal data are stored by Google in the United States of America. Google may pass this personal data collected through the technical process on to third parties. The person concerned can prevent the setting of cookies by our website, as already shown above, at any time by means of a corresponding setting in the Internet browser and thus permanently object to the setting of cookies. Such a setting of the internet browser used would also prevent Google from setting a cookie on the information technology system of the person concerned. In addition, a cookie already set by Google Analytics can be deleted at any time via the Internet browser or other software programs. Furthermore, the person concerned has the opportunity to object to and prevent the collection of data generated by Google Analytics relating to the use of this website and the processing of this data by Google. To do this, the person concerned must download and install a browser add-on under the link https://tools.google.com/dlpage/gaoptout. This browser add-on tells Google Analytics via JavaScript that no data or information on visits to websites may be transmitted to Google Analytics. The installation of the browser add-on is considered an objection by Google. If the information technology system of the person concerned is deleted, formatted or reinstalled at a later time, the person concerned must reinstall the browser add-on in order to deactivate Google Analytics. If the browser add-on is uninstalled or deactivated by the person concerned or another person who is attributable to their sphere of influence, there is the option of reinstalling or reactivating the browser add-on. If mobile applications use Google Analytics, the function can be activated and deactivated in the directly accessible settings for data protection. Further information and the applicable data protection provisions of Google can be found at https://www.google.de/intl/de/policies/privacy/ and at http://www.google.com/analytics/terms/de.html. Google Analytics is explained in more detail under this link https://www.google.com/intl/de_de/analytics/.

2. Data protection provisions on the application and use of YouTube
Our website uses YouTube LLC , 901 Cherry Avenue, San Bruno, CA 94066, USA, represented by Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, for the integration of videos. Normally, when you visit a page with embedded videos, your IP address is sent to YouTube and cookies are installed on your computer. However, we have integrated our YouTube videos with the extended data protection mode (in this case, YouTube still contacts Google's Double Click service, but according to Google's privacy policy, personal data is not evaluated). As a result, YouTube will no longer store any information about the visitors unless they watch the video. When you click on the video, your IP address is sent to YouTube which learns that you have viewed the video. If you are logged in, this information is also associated with your user account (you can prevent this by logging out before viewing the video on YouTube). We have no knowledge of and no influence on the possible collection and use of your data by YouTube.
You can find more information in YouTube's data protection declaration at www.google.de/intl/de/policies/privacy/. We also refer to our general description in this data protection declaration for the general handling and deactivation of cookies.

Objection to data collection
You can prevent Google Analytics from collecting your information by clicking on the following link. An opt-out cookie will be set to prevent your data from being collected on future visits to this website: Disable Google Analytics .

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