Privacy policy

1. Foreword

We are very delighted that you have shown interest in our enterprise. Data protection is of a particularly high priority for us. It is generally possible to use our website without providing any personal data. However, if a data subject wishes to make use of special services of our company via our website, it may be necessary to process personal data. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the data subject.

The processing of personal data, such as the name, address, e-mail address or telephone number of a data subject, is always carried out in accordance with the General Data Protection Regulation and in accordance with the country-specific data protection regulations applicable to us. By means of this privacy policy, we would like to inform the public about the type, scope and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed of their rights by means of this privacy policy.

As a responsible company, we have implemented numerous technical and organisational measures (TOMs) to ensure that the personal data processed is protected as completely as possible. Nevertheless, Internet-based data transmissions, for example, can generally have security gaps, so that absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us by alternative means, for example by telephone or post.

2. Name and address of the controller

The controller within the meaning of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union and other provisions of a data protection nature is the:

E.T.S. Hamburg Transport- & Speditionsges. D. Bisping mbH
Geschäftsführer: David Herrmann, Timon Scholz
Kolumbusstraße 16
22113 Hamburg

Telefon:        +49 (40) 533 05 60 – 0
Fax:             +49 (40) 533 05 60 – 56
Email: ets-hamburg@ets-hamburg.de
Internet:       www.ets-hamburg.de

3. Definitions of terms

This data protection declaration is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). This privacy policy should be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to explain the terms used in advance.

We use the following terms, among others, in this privacy policy:

a) Person-related data

Personal data means any information relating to an identified or identifiable natural person (hereinafter referred to as ‘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.

b) person concerned

Data subject is any identified or identifiable natural person whose personal data is processed by the controller responsible for the processing.

c) Processing

Processing is 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.

d) Restriction of processing

Restriction of processing is the marking of stored personal data with the aim of restricting its future processing.

e) Profiling

Profiling is 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.

f) Pseudonymisation

Pseudonymisation is 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.

g) Controller or controller responsible for the processing

Controller or controller responsible for the processing is 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.

h) Processor

Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

i) Receiver

Recipient is 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 enquiry in accordance with Union or Member State law shall not be regarded as recipients.

j) Third party

Third party is 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.

k) Consent

Consent is 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.

4. Rights of data subjects

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 the controller:

Right to withdraw consent under data protection law
(Art. 7 Abs. 3 DSGVO)

Any person affected by the processing of personal data has the right granted by the European legislator of directives and regulations to withdraw consent to the processing of personal data at any time.
If the data subject wishes to exercise their right to withdraw consent, they can contact us at any time.

Right to information
(Art. 15 DSGVO)

Any person affected by the processing of personal data has the right, granted by the European legislator of directives and regulations, to obtain from the controller free information at any time about the personal data stored about him or her and a copy of this information. Furthermore, the European legislator has granted the data subject access to the following information:

the purposes of the processing
the categories of personal data undergoing processing
the recipients or categories of recipients 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 existence of the right to lodge a complaint with a supervisory authority
if the personal data are not collected from the data subject: All available information about the origin of the data
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 envisaged consequences of such processing for the data subject

Furthermore, the data subject has a right to information as to whether personal data has been transferred to a third country or to an international organisation. If this is the case, the data subject also has the right to obtain information about the appropriate safeguards in connection with the transfer.

If a data subject wishes to avail himself of this right of access, he or she may, at any time, contact any employee of the controller.

Right to rectification
(Art. 16 DSGVO)

Any person affected by the processing of personal data has the right granted by the European legislator of directives and regulations to demand the immediate correction of incorrect personal data concerning them. Furthermore, the data subject has the right to request the completion of incomplete personal data – also by means of a supplementary declaration – taking into account the purposes of the processing.

If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact us.

Right to erasure (‘right to be forgotten’)
(Art. 17 DSGVO)

Each data subject shall have the right granted by the European legislator 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, as long as the processing is not necessary

The personal data have been collected or otherwise processed for purposes for which they are no longer necessary.
The data subject withdraws consent on which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
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.
The personal data have been unlawfully processed
The personal data must 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) GDPR

If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by us, he or she may contact us. We will then ensure that the request for erasure is complied with immediately.

If we have made the personal data public and our company is obliged to erase the personal data in accordance with Art. 17 (1) GDPR, we will take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform other data controllers who process the published personal data that the data subject has requested the erasure of all links to this personal data or of copies or replications of this personal data from these other data controllers, insofar as the processing is not necessary. We will take the necessary steps in individual cases.

Right to restriction of processing
(Art. 18 DSGVO)

Each data subject shall have the right granted by the European legislator 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) GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.

If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by us, he or she may contact us at any time. The restriction of processing will then be initiated.

Right to data portability
(Art. 20 DSGVO)

Each data subject shall have the right granted by the European legislator 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.

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, provided that the processing is based on consent pursuant to Art. 6 para. 1 letter a GDPR or Art. 9 para. 2 letter a GDPR or on a contract pursuant to Art. 6 para. 1 letter b GDPR and the processing is carried out by automated means, unless the 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.

Furthermore, in exercising their right to data portability pursuant to Art. 20 (1) GDPR, the data subject has the right to have the personal data transmitted directly from one controller to another, where technically feasible and provided that this does not adversely affect the rights and freedoms of others.

To assert the right to data portability, the data subject can contact us at any time.

Right to object
(Art. 21 DSGVO)

Each data subject shall have the right granted by the European legislator 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) of the GDPR. This also applies to profiling based on these provisions.

In the event of an objection, we will no longer process the personal data unless we can demonstrate 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.

If we process personal data 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. This also applies to profiling insofar as it is associated with such direct advertising. If the data subject objects to us to the processing for direct marketing purposes, we will no longer process the personal data for these purposes.

In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by us for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

In order to exercise the right to object, the data subject may contact us directly. The data subject is also free, in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to exercise their right to object by automated means using technical specifications.

Automated decisions in individual cases including profiling
(Art. 22 DSGVO)

Each data subject shall have the right granted by the European legislator 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; based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) 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 (3) is based on the data subject's explicit consent.

If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject's explicit consent, we shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests. This includes at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision.

If the data subject wishes to assert rights relating to automated decisions, they can contact us at any time.

Right to consult the data protection officer
(Art. 38 Abs. 4 DSGVO)

Any person affected by the processing of personal data has the right granted by the European legislator to consult the data protection officer on all matters relating to the processing of their personal data and the exercise of their rights.

Right to lodge a complaint with a supervisory authority
(Art. 77 DSGVO)

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 of the status and outcome of the complaint, including the possibility of a judicial remedy pursuant to Art. 78 GDPR.

A list of supervisory authorities (for the non-public sector) with addresses can be found athttps://www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html.

5. Cookies and server log files

We use cookies for the operation of our website to ensure the technical functionality of our website.

A cookie is a small text file that is stored on your end device when your browser accesses our website. If you visit our website again later, we can read these cookies again. Cookies are stored for different lengths of time. You can set your browser to accept cookies at any time, but this may result in our website no longer working properly. You can also delete cookies yourself at any time. If you do not do this, we can specify how long a cookie should be stored on your computer when it is saved. A distinction must be made here between so-called session cookies and persistent cookies. Session cookies are deleted from your browser when you leave our website or close the browser. Persistent cookies are stored for the duration we specify when they are saved.

We use cookies for the following purposes:

Technically necessary cookies that are absolutely essential for the use of the functions of our website (e.g. recognising whether you have logged in). Without these cookies, certain functions could not be provided.
Functional cookies, which are used to technically perform certain functions that you wish to use.

Most browsers used by our users allow you to set which cookies are to be saved and make it possible to delete (certain) cookies again. If you restrict the storage of cookies to certain websites or do not allow cookies from third-party websites, this may mean that our website can no longer be used to its full extent. Here you will find information on how you can adjust the cookie settings for some common browsers:

Google Chrome (google.com/chrome/answer/95647?hl=de)
Internet Explorer (https://support.microsoft.com/de-de/help/17442/windows-internet-explorer-delete-manage-cookies)
Firefox (https://support.mozilla.org/de/kb/cookies-erlauben-und-ablehnen)
Safari (https://support.apple.com/kb/PH21411?locale=de_DE)

6. Unsercentrics / Cookiebot

Type and scope of processing

We have integrated Usercentrics on our website. Usercentrics is a consent solution from Usercentrics GmbH, Rosental 4, 80331 Munich, Germany, with which consent to the storage of cookies can be obtained and documented. Usercentrics uses cookies or other web technologies to recognise users and store the consent given or revoked.

Purpose and legal basis

The use of the service is based on the legally required consent to the use of cookies in accordance with Art. 6 para. 1 lit. c. GDPR. GDPR.

Storage duration

The specific storage period of the processed data cannot be influenced by us, but is determined by Usercentrics GmbH. Further information can be found in the Usercentrics privacy policy: https://usercentrics.com/privacy-policy/ .

7. Routine erasure and blocking of personal data

The controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to.

If the storage purpose no longer applies or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data will be routinely blocked or erased in accordance with the statutory provisions.

8. Contact enquiry / Contact possibility

If you contact us by contact form or e-mail, the data you provide will be used to process your enquiry. The provision of the data is necessary for processing and answering your enquiry – without their provision, we cannot answer your enquiry or can only answer it to a limited extent.

The legal basis for this processing is Art. 6 para. 1 lit. b) GDPR.

Your data will be deleted if your enquiry has been conclusively answered and the deletion does not conflict with any statutory retention obligations, such as in the case of any subsequent contract processing.

9. SSL or TLS encryption

This site uses SSL or TLS encryption for security reasons and to protect the transmission of confidential content, such as orders or enquiries that you send to us as the site operator. You can recognise an encrypted connection by the fact that the address line of the browser changes from ‘http://’ to ‘https://’ and by the lock symbol in your browser line.

If SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties.

10. Server Log-Data

The provider of the pages automatically collects and stores information in so-called server log files, which your browser automatically transmits to us. These are

Browser type and browser version
Operating system used
Referrer URL
Host name of the accessing computer
Time of the server request
IP address

This data is not merged with other data sources.

The basis for data processing is Art. 6 para. 1 lit. f GDPR, which permits the processing of data for the fulfilment of a contract or pre-contractual measures.

11. Contact form

a) Description and scope of data processing

There is a contact form on our website that can be used to contact us electronically. If a user makes use of this option, the data entered in the input mask will be transmitted to us and stored.

The following data is stored at the time the message is sent:

Name
Emailadress
Phone number
The Message
IP address of the calling computer
Date and time of contact

Your consent is obtained for the processing of the data as part of the sending process and reference is made to this privacy policy.

Alternatively, it is possible to contact us via the email address provided. In this case, the user's personal data transmitted with the email will be stored. This data is forwarded to us via the server(s) of our provider.

The processing of the personal data from the input mask serves us solely to process the contact. In the case of contact by email, this also constitutes the necessary legitimate interest in the processing of the data.

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

b) Legal basis for data processing

The legal basis for the processing of the data is the initiation of a contract at the request of the data subject, Art. 6 para. 1 sentence 1 lit. b Alt. 2 GDPR.

The legal basis for the processing of data transmitted in the course of sending an email is Art. 6 para. 1 sentence 1 lit. f GDPR.

c) Duration of storage

The data is deleted as soon as it is no longer required to fulfil the purpose for which it was collected. For the personal data from the input screen of the contact form and those sent by email, 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 matter in question has been conclusively clarified.

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

d) Possibility of objection and removal

The user has the option to revoke their consent to the processing of personal data at any time. If the user contacts us by email, they can object to the storage of their personal data at any time. In such a case, the conversation cannot be continued.

Please send us an informal email to ETS_Hamburg@ets-hamburg.

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

12. External hosting

This website is hosted by an external service provider (hoster). Personal data collected on this website is stored on the hoster's servers. This may primarily be

IP addresses
Contact requests
Meta and communication data
Contract data
Contact data
Names
Website visits and other data generated via a website

The hoster is used for the purpose of fulfilling the contract with our potential and existing customers (Art. 6 para. 1 lit. b GDPR) and in the interest of a secure, fast and efficient provision of our online offer by a professional provider (Art. 6 para. 1 lit. f GDPR).

Our hoster will only process your data to the extent necessary to fulfil its performance obligations and follow our instructions with regard to this data.

a) Conclusion of a contract for order processing

In order to guarantee data protection-compliant processing, we have concluded an order processing contract with our hoster.