Privacy Policy

Welcome!


We are pleased that you visit our portal and thank you for your interest in our company and our products. Protecting the security and privacy of your personal data is important to Philasmicos. Therefore, please take note of the following information:



1. Name and address of the person responsible

The person responsible within the meaning of the General Data Protection Regulation (GDPR) and other national data protection laws of the member states (EU) as well as other data protection regulations is:

Philasmicos GmbH
Waldstr. 14a
83278 Traunstein
Germany
Tel.:+49 (0) 861 / 90 95 036
eMail: info@philasmicos.com
Website: www.philasmicos.com



2. Scope of processing of personal data

Personal data is data with which a person can be determined. These include the name, e-mail address and phone number.

In principle, we process personal data of our users only insofar as this is necessary to provide a functioning website and our content and services. The processing of personal data of our users takes place regularly only with the consent of the user. An exception applies to cases in which prior consent can not be obtained for reasons of fact and the processing of the data is permitted by law.


3. Legal basis for the processing of personal data

Insofar as we obtain the consent of the data subject for processing of personal data, Art. 6 para. 1 lit. a EU General Data Protection Regulation (GDPR) as legal basis.

In the processing of personal data necessary for the performance of a contract to which the data subject is a party, Art. 6 para. 1 lit. b GDPR as legal basis. This also applies to processing operations required to carry out pre-contractual actions.

Insofar as processing of personal data is required to fulfill a legal obligation that is subject to our company, Art. 6 para. 1 lit. c GDPR as legal basis.

In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d GDPR as legal basis.

If processing is necessary to safeguard the legitimate interests of our company or a third party, and if the interests, fundamental rights and freedoms of the data subject do not prevail over the first interest, Art. 6 para. 1 lit. f GDPR as legal basis for processing.


4. Data erasure and storage duration

The personal data of the data subject will be deleted or blocked as soon as the purpose of the storage is deleted. In addition, such storage may be provided for by European or national legislators in EU regulations, laws or other regulations to which the counselor is subject. Blocking or deletion of the data also takes place when a storage period prescribed by the standards mentioned expires, unless there is a need for further storage of the data for a contract or fulfillment of the contract.



5. Provision of the website and creation of log files

5.1 Description and scope of data processing

Each time our website is accessed, our system automatically collects data and information from the computer system of the calling computer.
The following data is collected here:

  1. IP address of the user
  2. Date and time of access
  3. Access method
  4. Name of the retrieved file
  5. Status message about the call
  6. transferred amount of data
  7. Referrer URL (the previously visited page, if submitted)
  8. Browser type and version
  9. Operating system of the visitor
  10. the requesting internet provider

The data is also stored in the log files of our system. Not affected by this are the IP addresses of the user or other data that allow the assignment of the data to a user. A storage of this data together with other personal data of the user does not take place.


5.2 Legal basis for data processing

The legal basis for the temporary storage of data is Art. 6 para. 1 lit. f GDPR.


5.3 Purpose of data processing

The temporary storage of the IP address by the system is necessary to allow delivery of the website to the computer of the user. To do this, the user's IP address must be kept for the duration of the session.

For these purposes, our legitimate interest lies in the data processing according to Art. 6 para. 1 lit. f GDPR.


5.4 Duration of storage

The data will be deleted as soon as it is no longer necessary for the purpose of its collection. In the case of collecting the data for providing the website, this is the case when the respective session is completed.


5.5 Possibility of contradiction and elimination

The collection of data for the provision of the website and the storage of the data in log files is essential for the operation of the website. There is consequently no contradiction on the part of the user.



6. Contact form and e-mail contact

6.1 Description and scope of data processing

On our website, a contact form is available, which can be used for electronic contact. If a user realizes this option, the data entered in the input mask will be transmitted to us and saved.
These data are:

  1. eMail address of the user
  2. Message from the user

At the time of sending the message, the following data is also stored:

  1. IP address of the user
  2. Date and time of transmission

For the processing of the data in the context of the sending process your consent is obtained and referred to this privacy statement.

Alternatively, contact via the provided e-mail address is possible. In this case, the user's personal data transmitted by e-mail will be stored.

In this context, there is no disclosure of the data to third parties. The data is used exclusively for processing the conversation.


6.2 Legal basis for data processing

Legal basis for the processing of the data is in the presence of the consent of the user Art. 6 para. 1 lit. a GDPR.

The legal basis for the processing of the data transmitted in the course of sending an e-mail is Article 6 (1) lit. f GDPR. If the e-mail contact aims at the conclusion of a contract, the additional legal basis for the processing is Art. 6 para. 1 lit. b GDPR.


6.3 Purpose of data processing

The processing of the personal data from the input mask serves us only to process the contact. In the case of contact via e-mail, this also includes the required legitimate interest in the processing of the data.

The other personal data processed during the sending process is intended to prevent misuse of the contact form and to ensure the security of our information technology systems.


6.4 Duration of storage

The data will be deleted as soon as it is no longer necessary for the purpose of its collection. For the personal data from the input form 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 is ended when it can be inferred from the circumstances that the relevant facts have been finally clarified.

The additional personal data collected during the sending process will be deleted at the latest after a period of seven days.


6.5 Possibility of contradiction and elimination

The user has the possibility at any time to revoke his consent to the processing of the personal data. The data processing until the time of withdrawal remains legal. If the user contacts us by e-mail, he may object to the storage of his personal data at any time. In such a case, the conversation can not continue.

You may assert your right to object to the storage or revocation of your consent to the following address:

Philasmicos GmbH
Waldstr. 14a
83278 Traunstein
Germany

eMail: info@philasmicos.com


All personal data stored in the course of contacting will be deleted in this case.



7. Rights of the data subject

If personal data is processed by you, you are for the purposes of GDPR affected, and you have the following rights to the responsible person:

  • Right of access by the data subject (Art. 15 GDPR),
  • Right to rectification (Art. 16 GDPR),
  • Right to erasure (Art. 17 GDPR), insofar as this does not conflict with a statutory retention obligation,
  • Right to restriction of processing (Art. 18 GDPR),
  • Right to information (Art. 19 GDPR),
  • Right to data portability (Art. 20 GDPR),
  • Right to object (Art. 21 GDPR).


7.1 Right of access by the data subject

The data subject shall have the right to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed, and, where that is the case, access to the personal data and the following information:

  • the purposes of the processing;
  • the categories of personal data concerned;
  • the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
  • 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 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) and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.

Where personal data are transferred to a third country or to an international organisation, the data subject shall have the right to be informed of the appropriate safeguards pursuant to Article 46 relating to the transfer.

The controller shall provide a copy of the personal data undergoing processing. For any further copies requested by the data subject, the controller may charge a reasonable fee based on administrative costs. Where the data subject makes the request by electronic means, and unless otherwise requested by the data subject, the information shall be provided in a commonly used electronic form.


7.2 Right to rectification

The data subject shall have the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.


7.3 Right to erasure (‘right to be forgotten’)

(1) The data subject shall have the right 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:

  • the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
  • the data subject withdraws consent on which the processing is based according to point (a) of Article 6(1), or point (a) of Article 9(2), and where there is no other legal ground for the processing;
  • the data subject objects to the processing pursuant to Article 21(1) and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2);
  • the personal data have been unlawfully processed;
  • the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject;
  • the personal data have been collected in relation to the offer of information society services referred to in Article 8(1).

(2) Where the controller has made the personal data public and is obliged pursuant to paragraph 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 controllers which are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data.

Paragraphs 1 and 2 shall not apply to the extent that processing is necessary:

  • for exercising the right of freedom of expression and information;
  • for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
  • for reasons of public interest in the area of public health in accordance with points (h) and (i) of Article 9(2) as well as Article 9(3);
  • for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) in so far as the right referred to in paragraph 1 is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
  • for the establishment, exercise or defence of legal claims.


7.4 Right to restriction of processing

(1)The data subject shall have the right 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 the restriction of their use instead;
  • the controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims;
  • the data subject has objected to processing pursuant to Article 21(1) pending the verification whether the legitimate grounds of the controller override those of the data subject.

Where processing has been restricted under paragraph 1, such personal data shall, with the exception of storage, only be processed with the data subject’s consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.

A data subject who has obtained restriction of processing pursuant to paragraph 1 shall be informed by the controller before the restriction of processing is lifted.


7.5 Right to information (Notification obligation regarding rectification or erasure of personal data or restriction of processing)

The controller shall communicate any rectification or erasure of personal data or restriction of processing carried out in accordance with Article 16, Article 17(1) and Article 18 to each recipient to whom the personal data have been disclosed, unless this proves impossible or involves disproportionate effort. The controller shall inform the data subject about those recipients if the data subject requests it.


7.6 Right to data portability

The data subject shall have the right to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where:

  • the processing is based on consent pursuant to point (a) of Article 6(1) or point (a) of Article 9(2) or on a contract pursuant to point (b) of Article 6(1); and
  • the processing is carried out by automated means.

In exercising his or her right to data portability pursuant to paragraph 1, the data subject shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible.

The exercise of the right referred to in paragraph 1 of this Article shall be without prejudice to Article 17. That right shall not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.


7.7 Right to object

The data subject shall have the right to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on point (e) or (f) of Article 6(1), including profiling based on those provisions. The controller shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims.

Where personal data are processed for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing, which includes profiling to the extent that it is related to such direct marketing.

Where the data subject objects to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes.

In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, the data subject may exercise his or her right to object by automated means using technical specifications.


7.8 Right to revoke the data protection consent declaration

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


7.9 Right to lodge a complaint with a supervisory authority

Without prejudice to any other administrative or judicial remedy, every data subject shall have the right to lodge a complaint with a supervisory authority, in particular in the Member State of his or her habitual residence, place of work or place of the alleged infringement if the data subject considers that the processing of personal data relating to him or her infringes this Regulation (Art. 77 GDPR).

The supervisory authority with which the complaint has been lodged shall inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Article 78 GDPR.



8. Commissioned data processing

‘Processor’ means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller;

We have a contract (according to Art. 28 GDPR) with the following companies:

  • Host Europe GmbH, Hansestrasse 111, 51149 Köln, Germany
  • Hetzner Online GmbH, Industriestr. 25, 91710 Gunzenhausen, Germany



9. Automated individual decision-making, including profiling

We refrain from automatic decision-making or profiling.



Traunstein, February 15, 2021