IMS Gear looks forward to your visit to our website as well as your interest in our company and our products. We take the protection of your personal data very seriously and would you to feel comfortable when visiting our pages on the Internet.

I. Privacy policy for our website

1. Information regarding the collection of personal data

 

a) In the following, we will inform you about how we collect personal data when you use our website www.imsgear.com. Personal data are all data which relate to you personally or which are relatable to you personally, e.g. name, address, email address, IP address, user behavior, etc.

b) Controller pursuant to Art. 4(7) of the General Data Protection Regulation (GDPR) is:

IMS Gear SE & Co. KGaA
registered in the company register of the Local Court of Freiburg under HRB 714815,
Heinrich-Hertz-Straße 16
78166 Donaueschingen
E-Mail: info@imsgear.com
Tel. +49 (0)771 8507-0
Fax +49 (0)771 8507-444

Our data protection officer can be contacted on the following details:

IMS Gear SE & Co. KGaA
Data protection officer
Heinrich-Hertz-Straße 16
78166 Donaueschingen
dsb@imsgear.com

c) When contacting us by email or via our contact form, we will retain the data you provide to us (your email address, possibly your name and your phone number) to respond to your requests. The data collected in this context will be erased by us as soon as there is no need to retain them anymore, or we will restrict the processing provided a legal retention period applies.

2. Collecting and storing personal data and type and purpose of their use

a) When accessing the website www.imsgear.com for informational use, i.e. if do not register or provide us otherwise with information, information will be sent to the server of our website automatically by the browser deployed on your terminal. This information will be stored temporarily in a so-called log file. The following information will be stored without any action on your part and until being deleted automatically:

  • IP address of the requesting computer
  • Date and time of your access
  • Time zone difference to Greenwich Mean Time (GMT)
  • Name of the URL of the retrieved file
  • Website from which the access was made (referrer URL)
  • Browser used and, possibly, the operating system of your computer and the
  • name of your access provider
  • Language and version of the browser software
  • Amount of data transferred in each case
  • statistical purposes, without the ability to relate the information to a specific person

 

We will process the mentioned data for the following purposes:

  • To ensure a smooth connection establishment of the website,
  • To ensure a comfortable use of our website,
  • Analysis for system safety and stability purposes,
  • For further administrative purposes.

 

The legal basis of the data processing is Art. 6(1)(1)(f) of the GDPR. Our legitimate interest results from the above-mentioned data collection purposes. On no account will we use the collected data for the purpose of drawing inferences about you as a person.

In addition to that, we will use cookies and analytical services when our website is accessed. Further details on this can be found in the following subparagraphs 4 and 5 of this Privacy Policy. Moreover, we have embedded YouTube videos into our websites which can be played directly on our websites; further information can be found in the following subparagraph 6.

b) When registering for the IMS Gear job market in the respective form, the following details provided by you will be collected and stored:

  • Name, first name
  • Email address
  • Category, professional field and country for which or in which you are looking for a job
  • Your consent to the storing of the data to the extent you have agreed to the same in the form for the job search.

 

We will use the data only to contact you if we have a vacancy that meets your expectations or if we would like to offer you an adequate position. Such data will not be used for any other purposes. You can at any time deregister from the job market. In order to do so, please just send an email to dsb@imsgear.com.

As soon as you have deregistered as explained above, your data will be erased to the extent no statutory retention period applies or any storing is required in order to assert or ward off any claims. If you are then still interested, we would like to ask you to re-register via the contact form.

3. Sharing of data, transfer to a third country, automatic decision-making

Your personal data will not be transferred to third parties other than for the following purposes. We only transfer your data to third parties if:

a) You have given your explicit consent in accordance with Art. 6(1)(1)(a) of the GDPR, § 26(2) of the German Federal Data Protection Act (Bundesdatenschutzgesetz);

b) The transfer is necessary pursuant to Art. 6(1)(1)(f) of the GDPR for the assertion, exercise or defense of legal claims and there is no reason to believe that you have an overriding legitimate interest in the non-transfer of your data.

c) In case the transfer is necessary for compliance with a legal obligation pursuant to Art. 6(1)(1)(c) of the GDPR; and

d) the same is permitted by law and is necessary pursuant to Art. 6(1)(1)(b) of the GDPR, § 26(1) of the of the German Federal Data Protection Act for concluding a contractual relationship with you or for pre-contractual measures at your instigation.

No transfer to a third country or an international organization is intended, and there is neither any automatic decision-making, including profiling, unless otherwise provided for hereinafter in this Privacy Policy.

4. Cookies

a) We use cookies on our website or websites. Cookies are small text files which are automatically created by your browser and which are stored on your terminal device (laptop, tablets, smartphone, etc.) when you access our websites. Cookies do not harm your computer in any way, do not contain any viruses, trojans or other malicious software. Within the cookie, information is placed which, in each case, result from the context with the specifically used terminal device. However, this does not signify that we learn directly about your identity thereby. On the one hand, the use of cookies serves to make the use of our services for you more convenient. We place, for example, so-called session cookies to determine that you have already accessed individual pages of our websites. When you leave our website, they will be deleted automatically.

b) In addition to that, for improving the ease of use we also use temporary cookies which will be stored on your terminal device for a specific period of time. If you access our website again to make use of our services, it will be automatically identified that you had already visited our websites and which entries and settings you made so you do not have to make them again.

c) On the other hand, we use cookies to statistically analyze the use of our website and to optimize our services for you. Such cookies enable us to identify automatically that you have already visited our website should you access it again in the future. Such cookies will be deleted automatically upon expiry of an individually defined period of time.

d) The cookies process data and are necessary to safeguard our legitimate interests and those of any third parties in accordance with Art. (6)(1)(1)(f) of the GDPR.

e) Most browsers accept cookies automatically. However, you can configure your browser so no cookies will be stored on your computer or a notice will be displayed before a new cookies is placed. However, if you disable cookies completely, you might not use all the functions of our website.

5. Analytics tools

a) The tracking measures listed in the following and used by us will be made on the basis of Art. 6(1)(1)(f) of the GDPR. Via the tracking measures to be used, we want to ensure a need-based design and the continuous improvement of our website. On the other hand, we use the tracking measures to statistically analyze the use of our website and to optimize our services for you These interests shall be regarded as legitimate within the meaning of the aforementioned provision. The respective data processing purposes and data categories shall be taken from the tracking tools which are specified in the following.

b) For the need-based design and continuous improvement of our pages, we use Google Analytics, an analytical web service of Google Inc (https://www.google.com/intl/us/about/) (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, hereinafter referred to as "Google"). In this regard, pseudonymized user profiles will be created and cookies (cf. § 4) used. The information generated by the cookie on your use of this website such as

  • Browser type / version,
  • Operating system used,
  • Referrer URL (the page visited before),
  • Host name of the accessing computer (IP address),
  • Time of the server request,

 

will be transferred to and stored on a Google server in the US. The information will be used to analyze the use of our website, to prepare reports on the web activities, and to provide further web sessions and services related to the internet usage for market research purposes and for the need-based design of these websites. Moreover, this information might be transferred to third parties to the extent this is required by law and such data will be processed by third parties by order. Under no circumstances will your IP address be amalgamated with other Google data. The IP addresses will be anonymized so they cannot be related (IP masking). You can prevent the cookies from being installed by setting your browser software accordingly; however, if you do so, please be aware that you might not be able to use all functions of this website.

In addition to that, by downloading and installing the browser add-on available at https://tools.google.com/dlpage/gaoptout?hl=en, you can prevent the collection of any data generated by the cookie and related to your usage of the website (including your IP address) and the processing of such data by Google. As an alternative to the browser add-on, especially in case of browsers on mobile terminals, you can refuse the collection by Google Analytics by clicking this link. An opt-out cookie is set to prevent your details from being recorded on any future visit to this website. The opt-out cookie is only valid in this browser and only for our website and will be placed on your device. If you delete the cookies in this browser, you will need to place the opt-out cookie again. For further information on data protection regarding Google Analytics please see, for example, the Google Analytics Help (https://support.google.com/analytics/answer/6004245?hl=en).

6. Embedding YouTube videos

a) We have embedded YouTube videos into our online services which are stored at http://www.YouTube.com and can be played directly on our website. [They are all embedded in the "extended data protection mode", i.e. no data regarding you as a user will be transferred to YouTube if do not play the videos. Not before you play the videos will the data mentioned in section b) be transferred. Such data transfer is beyond our control.]

b) When visiting the website, YouTube will be informed about the fact that you have accessed the respective page of our website. Further, the data listed under subparagraph 2 of this policy will be transferred. This will occur regardless of whether YouTube provides a user account via which you are logged in or whether there is no user account. If you are logged in with YouTube, your data will be directly assigned to your account. If you do not want YouTube to assign this information to your profile, you have to log out before activating the button. YouTube will save your data as a usage profile and will use them for the purposes of advertising, market research and/or need-based design of their website. In particular, the data will be evaluated (even for unlogged users) in order to provide the social network to analyze your activities on the website. You have a right to object to the creation of such user profiles, where you have to address yourself to YouTube in order to exercise this right.

c) Further information on the purpose and scope of the data collection and data processing by YouTube can be found in the privacy policy. There you can also obtain further information on your rights and setting options in order to protect your privacy: https://policies.google.com/privacy?hl=en&gl=de YouTube processes your personal data also in the USA and has submitted to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework

7. Data subject rights

You have the right:

a) Pursuant to Art. 15 of the GDPR, to request access to personal data which are processed by us. You can, in particular, request information about the purposes of the processing, the category of personal data, the categories of recipients your personal data was or is disclosed to, the projected storage period, the existence of a right to rectification, erasure, restriction of processing or to object, the existence of a right to lodge a complaint, about the origin of your data to the extent they have not been collected by us, and about the existence of any automatic decision-making, including profiling, and meaningful information on their details, if any;

b) Pursuant to Art. 16 of the GDPR, to have incorrect personal data stored by us rectified or incomplete personal data stored by completed without undue delay;

c) Pursuant to Art. 17 of the GDPR, to have the personal data stored by us to be erased where the processing is not required to exercise the right to freedom of expression and information, to comply with a legal obligation for reasons of public interest or for the establishment, exercise or defense of legal claims;

d) Pursuant to Art. 18 of the GDPR, to have of processing of your personal data restricted where you contest the accuracy of the data, the processing is unlawful, but you oppose their erasure and we do not need the data anymore, but you need them for the establishment, exercise or defense of legal claims or you have objected the processing pursuant to Art 21 of the GDPR;

e) Pursuant to Art. 20 of the GDPR, to receive your personal data which you have provided to us in a structured, commonly used and machine-readable format and to have those data transmitted to another controller;

f) Pursuant to Art. 7(3) of the GDPR, to withdraw the consent you have once given at any time. This would mean that we are no longer allowed to carry out the data processing which is based on such consent.

g) Pursuant to Art. 77 of the GDPR, to lodge a complaint with a supervisory authority. Usually, for this purpose you can approach the supervisory authority of your habitual residence, place of work or the seat of our company.

To exercise the afore-mentioned rights and if you have any question regarding privacy, please contact the controller as per the above subparagraph 1 or send an email to dsb@imsgear.com

8. Right to object

To the extent personal data are processed on the basis of legitimate interests pursuant to Art. 6(1)(1)(f) of the GDPR, you have the right pursuant to Art. 21 of the GDPR to object to the processing of your personal data where there are reasons for this arising out of your particular situation or where the objection concerns direct marketing. In the latter case, you will have a general right to object, which is implemented by us without a particular situation having to be stated. If you want to exercise your right to withdraw or your right to object, please just send an email to dsb@imsgear.com.  

9. Data security

a) Within the visit to our website, we use the common SLS (Secure Sockets Layer) method in conjunction with the highest level of encryption supported by your browser. Usually, this is a 256-bit encryption. If your browser does not support 256-bit encryption, we will use 128-bit v3 technology instead. Whether a single page of our website is transmitted in encrypted form is shown by the closed display of the key or the lock symbol in the lower status bar of your browser. Even the data you enter into the form when registering for the job market will be transmitted to us exclusively in encrypted form.

b) Besides, we employ suitable technical and organizational safety measures to protect your data against any accidental or deliberate manipulation, partial or complete loss, destruction or unauthorized access by third parties. Our safety measures are continuously improved in line with the technological evolution.

10. Up-to-dateness and modification of this Privacy Policy

This Privacy Policy is up to date and was last revised in Mai 2018. As a result of upgrades to our website, services offered on this website, or amended laws or regulatory requirements, it may be necessary to modify this Privacy Policy. The latest version of the Privacy Policy can, at any time, be accessed and printed at https://www.imsgear.com/....

References for the images and graphics used: The consent to the use of the images used within the intro has been obtained.

 

II. Notes on data processing for clients and other business partners and for authorized representatives, attorneys and contacts of clients and other business partners

1. Information on the collection of personal data

a) In the following, we will inform you about the collection of personal data of clients and other business partners of IMS Gear SE & Co. KGaA and of personal data of directors, partners, other authorized representatives and contacts of or at companies as clients and other business partners of IMS Gear SE & Co. KGaA. Personal data are all data which are relatable to you as a natural person or which are related to you personally, e.g. name, address, email address, date of birth, etc.

b) Controller pursuant to Art. 4(7) of the General Data Protection Regulation (GDPR) is:

IMS Gear SE & Co. KGaA
registered in the company register of the Local Court of Freiburg under HRB 714815,
Heinrich-Hertz-Straße 16
78166 Donaueschingen
E-Mail: info@imsgear.com
Tel. +49 (0)771 8507-0
Fax +49 (0)771 8507-444

Our data protection officer can be contacted on the following details:

IMS Gear SE & Co. KGaA
Data protection officer
Heinrich-Hertz-Straße 16
78166 Donaueschingen
E-Mail: dsb@imsgear.com

2. Collecting and storing personal data and type and purpose of their use

a) We will process personal data which we receive from you within our business relationship as a client or other business partner or in your capacity as a director, partner, agent / authorized representative or contact of a company as a client or other business partner. Further, we will process such personal data as we might have permissibly received or gained from the company you work for or from sources accessible to the public and from company / trade registers, registers of associations, the internet, the press, media, etc. and are allowed to process.

We will collect the following data, in particular:

  • Title
  • First name / last name
  • Valid business email address
  • Business landline or mobile phone number
  • Business tax or other ID numbers
  • Business account numbers
  • Power of attorney relating to business, if any
  • Credit rating documentation relating to business, if any

 

b) The data will be collected and processed within the commercial intercourse to implement pre-contractual measures, when initiating or examining the initiation of business relations, for correspondence, entering into contact, performing or processing contractual relationships, invoicing, bookkeeping, warding off any claims and rights.

3. Purposes of the processing in detail and legal basis

We will process the above-mentioned data in respect of the following purposes on the following legal bases:

a) For performing contractual obligations pursuant to Art. 6(1)(1)(b)

The personal data will be processed to perform contracts on the sale or the delivery of the products offered by us to perform contractual obligations with regard to all services offered by us in conjunction with and independent of the delivery of the products within the performance of the respective contractual agreements with our clients or to take steps at your request prior to entering into a contract. The same shall apply to the processing of personal data of other business partners. The same will be effected within the deliveries, services, etc. provided for us by such business partners of the contractual relationships to perform the respective contracts with our business partners or to take steps prior to entering into a contract upon our request. The purposes of the data processing depend on the specific contractual agreement for the respective products and services. The processing will be done to perform delivery and service, from the proposal preparation to delivery and invoicing and accounting and other activities related to the contract processing or steps prior to entering into a contract, including the performance of ancillary duties.

b) Based on statutory requirements pursuant to Art. 6(1)(1)(c) of the GDPR or in the public interest pursuant to Art. 6(1)(1)(e) of the GDPR

We are also subject to certain statutory requirements such as tax laws, accounting regulations, foreign trade laws, customs laws, etc., which we have to comply with because of own legal obligations or because of statutory regulations.

c) Within the balancing of interests pursuant to Art. 6(1)(1)(f) of the GDPR

To the extent required, we will also process your data to safeguard legitimate own interests or the interests of third parties. This includes, for example, the data exchange with

  • credit reporting agencies such as Schufa to identify credit assessment and default risks
  • Direct marketing, to the extent you have not objected to the use of your data for such a purpose (cf. regarding objection the following subparagraph 7)
  • Access control when our operational facility, etc. is accessed

 

d) To the extent the processing of your data is not unlawful on the legal bases mentioned above under a) to c), we will process your data only if you have given your consent; a newsletter, for example, may only be sent to your personal email address if you have explicitly given your consent for such purpose. You can, at any time, withdraw a consent you have once given.

4. Sharing with third parties, transfer to a third country, automatic decision-making

Your personal data will not be transferred to third parties other than for the purposes specified in subparagraph 3 above. That means that we will share your data with third parties only if:

a) Permitted by law and necessary pursuant to Art. 6(1)(1)(b) of the GDPR for concluding a contractual relationship, especially with the company represented by you, or for corresponding pre-contractual measures at instigation,

b) The transfer is necessary pursuant to Art. 6(1)(1)(f) of the GDPR for the assertion, exercise or defense of legal claims and there is no reason to believe that you have an overriding legitimate interest in the non-transfer of your data, or

c) In case the transfer is based on a legal obligation pursuant to Art. 6(1)(1)(c) or Art. 6(1)(1)(e) of the GDPR, or

d) You have given your explicit consent pursuant to Article 6(1)(1)(a) of the GDPR.

No transfer to a third country or an international organization is intended, and there will neither be any automatic decision-making, including profiling, unless otherwise provided for hereinafter in this Privacy Policy.

5. Storage period

As a matter of principle, the personal data will be stored as long as they are needed to perform the contractual relations or the pre-contractual measures or to comply with the legal obligations. Once you resign as a director, partner, agent or contact from a company as a client, the need for your personal data to be stored any longer for the afore-mentioned purposes will no longer apply.

If the data are no longer required for the performance of contractual, pre-contractual or legal obligations or for the performance of the respective contracts and measures, they will be erased regularly; unless they need to be further processed for a certain period of time

  • to comply with any retention periods pursuant to tax laws and other legal requirements. Such retention periods are usually 10 years at longest,
  • to assert or ward off any claims, especially to obtain any means of evidence within the statutory periods of limitation, the regular period of limitation is 3 years, the maximum period of limitation is up to 30 years.

 

6. Data subject rights

You have the right:

a) Pursuant to Art. 15 of the GDPR, to request access to personal data which are processed by us. You can, in particular, request information about the purposes of the processing, the category of personal data, the categories of recipients your personal data was or is disclosed to, the projected storage period, the existence of a right to rectification, erasure, restriction of processing or to object, the existence of a right to lodge a complaint, about the origin of your data to the extent they have not been collected by us, and about the existence of any automatic decision-making, including profiling, and meaningful information on their details, if any;

b) Pursuant to Art. 16 of the GDPR, to have incorrect personal data stored by us rectified or incomplete personal data stored by completed without undue delay;

c) Pursuant to Art. 17 of the GDPR, to have the personal data stored by us to be erased where the processing is not required to exercise the right to freedom of expression and information, to comply with a legal obligation for reasons of public interest or for the establishment, exercise or defense of legal claims;

d) Pursuant to Art. 18 of the GDPR, to have of processing of your personal data restricted where you contest the accuracy of the data, the processing is unlawful, but you oppose their erasure and we do not need the data anymore, but you need them for the establishment, exercise or defense of legal claims or you have objected the processing pursuant to Art 21 of the GDPR;

e) Pursuant to Art. 20 of the GDPR, to receive your personal data which you have provided to us in a structured, commonly used and machine-readable format and to have those data transmitted to another controller;

f) Pursuant to Art. 7(3) of the GDPR, to withdraw the consent you have once given at any time. This would mean that we are no longer allowed to carry out the data processing which is based on such consent.

g) Pursuant to Art. 77 of the GDPR, to lodge a complaint with a supervisory authority. Usually, for this purpose you can approach the supervisory authority of your habitual residence, place of work or the seat of our company.

To exercise the afore-mentioned rights and if you have any question regarding privacy, please contact the controller as per the above subparagraph 1 or send an email to dsb@imsgear.com.

7. Right to object

To the extent personal data are processed on the basis of legitimate interests pursuant to Art. 6(1)(1)(f) of the GDPR, you have the right pursuant to Art. 21 of the GDPR to object to the processing of your personal data where there are reasons for this arising out of your particular situation or where the objection concerns direct marketing. In the latter case, you will have a general right to object, which is implemented by us without a particular situation having to be stated. If you want to exercise your right to withdraw or your right to object, please just send an email to dsb@imsgear.com.

8. Up-to-dateness and modification of these privacy notices

The privacy notices are up to date and were last revised in Mai 2018. As a result of changes to our business activities and amended laws and regulatory requirements, it may be necessary to modify this Privacy Policy.