Data protection

Status as of 13.07.2022

The protection of personal data of our contact persons at customers and suppliers ("business partners") is an important concern of Hamberger Sanitary GmbH and Hamberger Industriewerke GmbH (in short: Sanitary/HIW). Therefore, Sanitary/HIW processes personal data exclusively in accordance with the applicable legal provisions for the protection of personal data and data security.

I. Name and address of the controller

The controller within the meaning of the General Data Protection Regulation and other national data protection laws of the member states as well as other data protection regulations is

Hamberger Sanitary GmbH
Rohrdorfer Street 133
83071 Stephanskirchen

II Scope of the processing of personal data

As part of the cooperation with business partners, Sanitary/HIW processes the following categories of personal data:

• Contact information, such as first and last name, business address, business telephone number, business mobile number, business fax number and business e-mail address
• Payment data, such as information required to process payment transactions
• Other information whose processing is necessary in the context of a project or for the execution of a contractual relationship with Sanitary/HIW or which is voluntarily provided by our contact persons, such as inquiries made or project details
• Information collected from publicly available sources, information databases or credit agencies

III Legal basis for data processing

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

IV. Purpose of the data processing

In the context of cooperation with business partners, Sanitary/HIW processes personal data for the following purposes

• Communication with the business partners about the products, services and projects, e.g. to process inquiries from the business partner
• Planning, execution and administration of the (contractual) business relationship between Sanitary/HIW and the business partner, e.g. to process the ordering of services, to collect payments, for accounting, billing and debt collection / settlement purposes and to carry out deliveries, maintenance activities or repairs
• Maintaining and protecting the security of our products and services and our websites, preventing and detecting security risks, fraudulent activity or other criminal or malicious activity
• Complying with legal requirements (e.g. retention obligations under tax and commercial law)
• Settlement of legal disputes, enforcement of existing contracts and for the assertion, exercise and defense of legal claims.

If the aforementioned personal data is not provided or cannot be collected by Sanitary/HIW, it may not be possible to achieve the individual purposes described.

V. Transmission and disclosure of personal data

Sanitary/HIW may transfer personal data to the tax consultant in order to comply with legal obligations and the principles of proper accounting.

Sanitary/HIW may transfer personal data to courts, supervisory authorities, authorities or law firms, insofar as this is legally permissible and necessary to comply with applicable law or to assert, exercise or defend legal claims.

Sanitary/HIW works with the following service providers (so-called processors):

• Hosting service provider
• Telephone system service provider
• IT service provider
• Cloud service provider
• Software developers

These service providers only act on the instructions of Sanitary/HIW and are contractually obliged to comply with the applicable data protection requirements.

Data processing outside the EU or EEA does not take place.

VI Duration of storage

If necessary, Sanitary/HIW processes the personal data for the duration of the business relationship, this also includes the initiation and execution of a contract.

In addition, Sanitary/HIW is subject to various storage and documentation obligations arising from the German Commercial Code (HGB), among others. The periods for storage and documentation specified therein are up to ten years after the end of the business relationship or the pre-contractual legal relationship.

VII Rights of data subjects

The following list includes all rights of data subjects under the GDPR. If your personal data is processed, you are a data subject within the meaning of the GDPR and you have the following rights vis-à-vis Sanitary/HIW:

1. Right to information

You can request confirmation from the controller as to whether personal data concerning you is being processed by Sanitary/HIW. If such processing is taking place, you can request the following information from the controller:

1. the purposes for which the personal data are processed
2. the categories of personal data that are processed
3. the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed
4. the envisaged period for which the personal data concerning you will be stored, or, if specific information on this is not possible, the criteria used to determine that period
5. the existence of a right to rectification or erasure of personal data concerning you, a right to restriction of processing by the controller or a right to object to such processing
6. the existence of a right to lodge a complaint with a supervisory authority
7. all available information about the origin of the data if the personal data is not collected from the data subject
8. the existence of automated decision-making, including profiling, referred to in Art. 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.

You have the right to request information as to whether the personal data concerning you is transferred to a third country or to an international organization. In this context, you may request to be informed of the appropriate safeguards pursuant to Art. 46 GDPR in connection with the transfer.

2. Right to rectification

You have a right to rectification and/or completion vis-à-vis the controller if the processed personal data concerning you is incorrect or incomplete. The controller must carry out the rectification without undue delay.

3. Right to restriction of processing

Under the following conditions, you may request the restriction of the processing of personal data concerning you

• if you contest the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data
• the processing is unlawful and you oppose the erasure of the personal data and request 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 you for the establishment, exercise or defense of legal claims, or
• if you have objected to processing pursuant to Art. 21 (1) GDPR pending the verification whether the legitimate grounds of the controller override your grounds.

If the processing of personal data concerning you has been restricted, this data - apart from its storage - may only be processed with your consent or for the establishment, exercise or defense 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.

If the restriction of processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.

4. right to erasure

a) Obligation to erase

You have the right to obtain from the controller the erasure of personal data concerning you without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies:

1. The personal data concerning you are no longer necessary in relation to 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 object to the processing pursuant to Art. 21 para. 1 GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21 para. 2 GDPR.
4. The personal data concerning you has been processed unlawfully.
5. The deletion of personal data concerning you is necessary to fulfill a legal obligation under Union law or the law of the Member States to which the controller is subject.
6. The personal data concerning you have been collected in relation to the offer of information society services referred to in Art. 8 (1) GDPR.

b) Information to third parties

Where the controller has made the personal data concerning you public and is obliged pursuant to Art. 17 (1) GDPR 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 you as the data subject have requested the erasure by such controllers of any links to, or copy or replication of, those personal data.

c) Exceptions

The right to erasure does not apply if the processing is necessary

1. to exercise the right to freedom of expression and information
2. 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
3. for reasons of public interest in the area of public health in accordance with 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 statistical purposes in accordance with Art. 89 para. 1 GDPR, insofar as the right referred to in section a) is likely to render impossible or seriously impair the achievement of the objectives of that processing, or
5. for the establishment, exercise or defense of legal claims.

5. right to information

If you have asserted the right to rectification, erasure or restriction of processing against the controller, the controller is obliged to notify all recipients to whom the personal data concerning you have been disclosed of this rectification or erasure of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort. You have the right vis-à-vis the controller to be informed about these recipients.

6. right to data portability

You have the right to receive the personal data concerning you, which you have provided to the controller, in a structured, commonly used and machine-readable format. You also have the right to transmit this data to another controller without hindrance from the controller to which the personal data has been provided, where

1. the 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. the processing is carried out by automated means.

In exercising this right, you also have the right to obtain that the personal data concerning you be transferred directly from one controller to another controller, insofar as this is technically feasible. The freedoms and rights of other persons must not be affected by this. The right to data portability does not apply to the processing of personal data 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. right to object

You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on point (e) or (f) of Article 6(1) GDPR, including profiling based on those provisions. The controller will no longer process the personal data concerning you unless the controller demonstrates compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defense of legal claims. If your personal data is processed for direct marketing purposes, you have the right to object at any time to the processing of your personal data for such marketing, which includes profiling to the extent that it is related to such direct marketing. If you object to processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes. You have the option of exercising your right to object in connection with the use of information society services - notwithstanding Directive 2002/58/EC - by means of automated procedures using technical specifications.

8. right to revoke the declaration of consent under data protection law

You have the right to withdraw your declaration of consent under data protection law at any time. The withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.

9 Automated decision-making in individual cases, including profiling

You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision

1. is necessary for the conclusion or performance of a contract between you and the controller
2. is authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard your rights and 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 GDPR applies and appropriate measures have been taken to protect the rights and freedoms as well as your legitimate interests. With regard to the cases referred to in (1) and (3), the data controller shall implement suitable measures to safeguard your rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express your point of view and to contest the decision. 10.

10. right to lodge a complaint with a supervisory authority

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you infringes the 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 Art. 78 GDPR.

11. chat assistant AGS AI

When using our AI chatbot, the following data is processed:

- Chat content: All information you enter in the chat.

- Metadata: Technical information such as IP address, time of use and end device used.

The data collected is used exclusively for the following purposes:

- Communication: Processing, evaluating and responding to your messages.

- Security measures: To ensure the security and integrity of our systems.

Legal basis for processing:

The data is processed on the basis of Art. 6 para. 1 lit. f GDPR (legitimate interest). Our legitimate interest lies in the provision of a user-friendly and secure chatbot service.

Use of subcontractors:
We use AGS AI Solution GmbH as a subcontractor to provide our chatbot service. This subcontractor processes your data only on our behalf and in accordance with our instructions. Corresponding contracts for order processing in accordance with Art. 28 GDPR have been concluded.

Disclosure of data

Your data will not be passed on to third parties unless

• You have expressly given your consent to this (Art. 6 para. 1 lit. a GDPR).
• There is a legal obligation to pass on data (Art. 6 para. 1 lit. c GDPR).

Storage period

The data collected will only be stored for as long as is necessary to achieve the above-mentioned purposes or for as long as there are statutory retention obligations.