Privacy policy
Name and contact details of the controller in accordance with Article 4(7) GDPR
mibostahl tools, trading and service GmbH
Axel Giershausen
Hochofenstrasse 6
58135 Hagen
Germany
E-mail: info@mibostahl.de
Tel.: +49 (0) 2331 377578-0
Fax: +49 (0) 2331 377578-20
Securing and protecting your personal data
We see it as our overriding priority to safeguard the confidentiality of the personal data that you provide us with and to protect these data from unauthorised access. This is why we take the utmost care and apply the latest security standards to ensure maximum protection of your personal data.
As a private-law company, we are subject to the provisions of the European General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG). We have taken the technical and organisational measures necessary to ensure that the regulations on data protection are observed by us and our external service providers.
Definitions
The law requires personal data to be processed lawfully, fairly and in a transparent way for the data subject (‘lawfulness, fairness and transparency’). To ensure this, we inform you of the individual legal definitions that we also use in this privacy policy.
1. Personal data
‘personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
2. Processing
‘processing’ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
3. Restriction of processing
‘restriction of processing’ means the marking of stored personal data with the aim of limiting their processing in the future.
4. Profiling
‘profiling’ means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
5. Pseudonymisation
‘pseudonymisation’ means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
6. Filing system
‘filing system’ means any structured set of personal data which are accessible according to specific criteria, whether centralised, decentralised or dispersed on a functional or geographical basis.
7. Controller
‘controller’ means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
8. Processor
‘processor’ means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
9. Recipient
‘recipient’ means a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
10. Third party
‘third party’ means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
11. Consent
‘consent’ of the data subject means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
Lawfulness of processing
Processing of personal data shall only be lawful if there is a legal basis for its processing. In accordance with Article 6(1)(a-f) GDPR,
the legal basis could be in particular:
a. the data subject has given consent to the processing of his or her personal data for one or more specific purposes;
b. processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract;
c. processing is necessary for compliance with a legal obligation to which the controller is subject;
d. processing is necessary in order to protect the vital interests of the data subject or of another natural person;
e. processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
f. processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
Information on the collection of personal data
(1) In the following, we provide you with information on the collection of personal data during your use of our website. Examples of personal data include your name, address, e-mail address and user behaviour.
(2) If you make contact with us via e-mail or via a contact form, we shall store the data communicated by you (your e-mail address and, where applicable, your name and telephone number, etc.) in order to answer your questions. We shall delete the data that accrue within this context after their storage is no longer necessary, or restrict the processing of such data in the event that statutory storage obligations are in place.
Collection of your personal data during your visit to our website
If you use the website purely for information purposes, i.e. if you do not sign up or transmit other information to us, we will only collect the personal data transmitted to our server by your browser. If you wish to have a look at our website, we will collect the following data, which we technically require in order to display the website to you and to ensure its stability and security (the legal basis thereof being Article 6(1)(1)(f) GDPR):
– IP address
– Date and time of the request
– Time zone difference to Greenwich Mean Time (GMT)
– Content retrieved (specific page)
– Access status/HTTP status code
– Data volume transmitted in each case
– Website from which the request has come
– Browser
– Operating system and its interface
– Language and version of the browser software.
Use of cookies
(1) In addition to the data mentioned above, cookies will be placed on your computer when you use our website. Cookies are small text files that are stored on your hard disk, allocated to the browser which you use, and through which the entity placing the cookie will receive certain information. Cookies are not able to execute programs or transfer viruses onto your computer. Their purpose is to make the website more user-friendly and more effective in general.
(2) This website uses the following types of cookies, the scope and operation of which are explained below:
– Transient cookies (refer to a.)
– Persistent cookies (refer to b.).
a. Transient cookies are automatically deleted when you close the browser. In particular, these include the session cookies. These store what is known as a session ID, which allows various inquiries from your browser to be assigned to the joint session. This makes it possible to recognise your computer if you return to our website. The session cookies are deleted when you log out or close the browser.
b. Persistent cookies are automatically deleted after a specific period, which may differ depending on the cookie. You are able to delete the cookies at any time in the security settings of your browser.
c. You are able to configure your browser settings in accordance with your wishes and,
for instance, refuse to accept third party cookies or all cookies. “Third party cookies” are cookies placed by a third party and therefore not by the website you are currently visiting. Please note that disabling cookies may mean that you are not able to use all features of this website.
Additional features and services offered by our website
(1) In addition to the use of our website purely for information purposes, we offer various services that you may use if you are interested. To do so, you will generally need to provide additional personal data that we use to provide the service and for which the aforementioned data processing principles apply.
(2) In some cases, we use external service providers to process your data. These have been carefully selected and commissioned by us, are bound by our instructions and are regularly checked.
(3) Furthermore, we may pass on your personal data to third parties if we offer participation in promotions, competitions, conclusion of contracts or similar services together with partners. You will receive more information on this when you provide us with your personal data, or you can see the description of the offer below.
(4) If our service providers or partners are based in a country outside the European Economic Area (EEA), we will inform you of the consequences of this situation in the description of the offer.
Children
Our services are generally aimed at adults. Persons under 18 should not transmit any personal data to us without the permission of their parents or carers.
Rights of the data subject
(1) Withdrawal of consent
If the data subject has granted consent for the processing of his or her personal data, he or she shall have the right to withdraw this consent at any time. The withdrawal of this consent shall not affect the lawfulness of processing based on the consent before its withdrawal.
If the data subject would like to exercise his or her right to withdrawal of consent, he or she can get in touch with us at any time.
(2) Right to confirmation
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. He or she may request the confirmation at any time using the contact details above.
(3) Right of access
If his or her personal data are being processed, the data subject shall have the right to request the personal data and the following information:
a. the purposes of the processing;
b. the categories of personal data concerned;
c. 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;
d. where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
e. 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;
f. the right to lodge a complaint with a supervisory authority;
g. where the personal data are not collected from the data subject, any available information as to their source;
h. the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) GDPR 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 GDPR relating to the transfer. We 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. The right to obtain a copy referred to in paragraph 3 shall not adversely affect the rights and freedoms of others.
(4) 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.
(5) Right to erasure (‘right to be forgotten’)
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:
a. The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
b. 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) GDPR, and where there are no other legal grounds for the processing.
c. The data subject objects to the processing pursuant to Article 21(1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) GDPR.
d. The personal data have been unlawfully processed.
e. 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;
f. The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) GDPR.
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.
The right to erasure (‘right to be forgotten’) 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) GDPR;
– for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) GDPR 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.
(6) Right to restriction of processing
The data subject shall have the right to obtain from the controller restriction of processing where one of the following applies:
a. 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;
b. the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead;
c. 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;
d. the data subject has objected to processing pursuant to Article 21(1) GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
Where processing has been restricted under the above requirements, 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.
To exercise the right to restrict processing, the data subject can get in touch with us at any time using the contact details above.
(7) 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:
a. the processing is based on consent pursuant to Article 6(2)(a) or Article 9(2)(a) or on a contract pursuant to Article 6(1)(b) GDPR and
b. 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 to data portability shall not affect the right to erasure (‘right to be forgotten’). 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.
(8) 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) GDPR, 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.
Where personal data are processed for scientific or historical research purposes or statistical purposes pursuant to Article 89(1), the data subject, on grounds relating to his or her particular situation, shall have the right to object to processing of personal data concerning him or her, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
The data subject can exercise this right to object at any time by getting in touch with the respective controller.
(9) Automated individual decision-making, including profiling
The data subject shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her. This shall not apply if the decision:
a. is necessary for entering into, or performance of, a contract between the data subject and a data controller;
b. is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests; or
c. is based on the data subject’s explicit consent.
The controller shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her view and to contest the decision.
The data subject may exercise this right at any time by getting in touch with the respective controller.
(10) 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.
(11) Right to an effective judicial remedy
Without prejudice to any available administrative or non-judicial remedy, including the right to lodge a complaint with a supervisory authority pursuant to Article 77 GDPR, each data subject shall have the right to an effective judicial remedy where he or she considers that his or her rights under this Regulation have been infringed as a result of the processing of his or her personal data in non-compliance with this Regulation.
Newsletter
(1) With your consent, you can subscribe to our newsletter, with which we inform you about our current interesting offers. The advertised goods and services are named in the declaration of consent.
(2) We use the so-called double opt-in procedure to register for our newsletter. This means that after your registration we will send you an e-mail to the specified e-mail address in which we will ask you to confirm that you wish to receive the newsletter. If you do not confirm your registration within 24 hours, your information will be blocked and automatically deleted after one month. In addition, we save the IP addresses you use and the dates of registration and confirmation. The purpose of the procedure is to prove your registration and, if necessary, to clarify any possible misuse of your personal data.
(3) Your e-mail address is the only mandatory information for sending the newsletter. The indication of further, separately marked data is voluntary and will be used to address you personally. After your confirmation we save your e-mail address for the purpose of sending you the newsletter. The legal basis is Art. 6 Para. 1 S. 1 lit. a DSGVO.
(4) You can revoke your consent to the sending of the newsletter at any time and cancel the newsletter. You can withdraw your consent by clicking on the link provided in every newsletter e-mail, by sending an e-mail to news@mibostahl.com or by sending a message to the contact details given in the imprint.
(5) We would like to point out that we evaluate your user behaviour when sending the newsletter. For this evaluation, the e-mails sent contain so-called web beacons or tracking pixels, which represent one-pixel image files stored on our website. For evaluation purposes, we link the above-mentioned data and the web beacons with your e-mail address and an individual ID. The data is collected exclusively under a pseudonym, so the IDs are not linked with your other personal data, a direct personal reference is excluded. You can object to this tracking at any time by clicking on the separate link provided in each e-mail or by informing us of another contact method. The information is stored as long as you have subscribed to the newsletter. After you have unsubscribed, we store the data purely statistically and anonymously.
(6) We use an external service provider for the dispatch of newsletters. A separate order data processing was concluded with the service provider in order to guarantee the protection of your personal data. We are currently working with the following service provider:
MailChimp
The Rocket Science Group LLC d/b/a MailChimp
675 Ponce De Leon Ave NE, Suite 5000
Atlanta, Georgia 30308
Phone: +1 404 806-5843
E-Mail: legal@mailchimp.com
The following data will be transmitted to MailChimp:
– Name
– email address
– IP address
Further information can be found in MailChimp’s Privacy Policy, which can be found at https://mailchimp.com/legal/privacy/
MailChimp or its parent company The Rocket Science Group LLC is certified under the US-EU Privacy Shield Agreement and thus ensures compliance with the European data protection level. The current status of the certification can be checked under the following
https://www.privacyshield.gov/participant?id=a2zt0000000TO6hAAG
Use of YouTube components with privacy-enhanced mode
On our website, we have integrated components (videos) of the company YouTube, LLC 901 Cherry Ave., 94066 San Bruno, CA, USA, a subsidiary of Google Inc., Amphitheatre Parkway, Mountain View, CA 94043, USA.
We use the “privacy-enhanced mode” offered by YouTube.
When you visit a page that has an embedded video, a connection will be made to the YouTube server and the content will be displayed on the website through communication to your browser.
According to YouTube, the “privacy-enhanced mode” means that no data, especially concerning which of our pages you have visited, will be transferred to YouTube unless you play the videos. If you are logged into YouTube at the same time, this information will be assigned to your YouTube account. You can prevent this by logging out of your YouTube account before visiting our website.
Google offers more information about YouTube’s data protection at the following link:
