1. The following terms of business shall apply for every order. Other terms of business shall only be binding for us if we recognize them in writing.
2. Orders and oral agreements require our written confirmation to be binding.
3. Our offers are subject to alteration, unless they are specifically declared binding. Statements of expected costs are not binding. The prices are to be understood ex works without packaging and transport.
4. We reserve the right to change prices proportionally if after closing an agreement the costs of materials, personnel and/or the rate of exchange change.
5. If an order is cancelled by the Orderer or Hirer, which requires our consent, Our actual costs but at least 25 % of the net order value shall be paid to us.
6. We reserve our exclusive rights and claims to any drafts, tracings, pictures, drawings, tables, circuit diagrams and any other production documents of our wares that may be sent or shown to any Orderer or potential Orderer. Such drafts, tracings, pictures, drawings, tables, circuit diagrams and any other production documents may not be given, shown to or otherwise brought to the knowledge of any third party without our express prior written consent. They are to be returned at any time if so requested by us.II. Delivery
1. We endeavor to meet delivery and performance dates; however, we are entitled to reasonably extend such deadlines, especially when there are delays such as for prior order clarification with the Customer as well as for such arising while processing an order.
Information on delivery dates refer to the shipment of the goods from the works or respectively to the reparedness to accept and are hence subject to alteration if nothing else is expressly written.
2. Force majeure and other events for which we are not at fault that may keep the order from being carried out smoothly and in particular a delay of our supplier’s deliveries, strikes, scarcity of energy or materials entitle us to extend the delivery or to rescind the agreement in whole or part without giving rise to claims on the part of the Customer. This shall also apply if said events occur at a time when we are already in default of delivery.
3. Partial deliveries shall be allowable for us at the terms of the entire order. Partial invoices are also possible.
4. For repair work we are also entitled to repair such defects as are not noticeable until after beginning work. Instead of repairing we may also deliver objects of equivalent value in exchange. Replaced parts will not be returned.
5. Without previously informing the Customer we are also entitled to have service or maintenance orders carried out by other firms.III. Shipping
1. Shipping is done at the customer’s expense and risk and, unless otherwise directed, transport insurance will only be closed at the Customer’s express wish and expense, except when at our discretion deemed essential. Even when transported by us, transport insurance may be necessary.
2. We assume no responsibility for the cheapest shipping.
3. We reserve the right to ship from another place in the Federal Republic of Germany by our choice and not from the place of fulfillment as defined in section XI.IV. Complaints, Defects, Acceptance
1. Complaints about incomplete or false shipments or recognizable defects must be reported in writing and without delay and within 15 days of receipt of the goods at the latest. Other defects are to be reported immediately upon discovery. When reporting defects their correction free of cost must also be requested.
2. If complaints or defects are not reported promptly warranty claims are excluded. For prompt reports we shall only be responsible for replacement or respectively for warranty as set out in section V.
3. Work performances and deliveries, as a matter of principle, require formal approval and have to be requested by the customer. The approval is considered to be carried out 10 days after completion, at the latest 3 days after bringing the owed performance/delivery into service.V. Warranty
1. We warrant all assured characteristics and a lack of defects corresponding to the respective state of technology. Changes in construction or design that we generally perform on goods before delivery shall not be deemed a cause for complaint.
2. The warranty period begins with dispatching the commodity by us and amounts to in principle 6 months - so far by legal Regulation of the FRG differently does not determine. Stranger certifications with shorter warranty period are of it excluded e.g. disk drives (warranty period 90 days), objectives, head wheels etc., to which the warranty periods of the suppliers apply. We do not take over a guarantee on using devices, if nothing different one is in writing agreed upon.
3. Kind of Warranty
a) The Warranty goes to our choice on repair or substitution of the complained of product or part. Replaced parts change into our property.
b) The complained of product is to be sent in for repair at us or to one of us for the respective product area recognized customer service place. The costs and of the back dispatch go debited to the customer. Transport insurance like III, 1
4. The warranty period begins with the shipment of goods and generally lasts 6 months. Goods produced by other suppliers are excepted from this and have a shorter period of warranty such as disc drives (warranty period 90 days), objectives, head wheels etc. for which the warranty periods of the producers shall apply. We assume no warranty for used equipment unless expressly agreed upon in writing.
5. Type of Warranty
a) The warranty includes either repair or replacement of the defective product as we choose. Replaced parts become our property,
b) The defective product is to be sent to us for repair or to a repair service shop in the area recognized by us. The transport costs to and from there shall be at the Customer’s expense. Transport insurance as in III,1.
6. There shall be no claim for cancellation or price reduction unless we are unable to repair the defect.
7. Warranty responsibility shall cease when the object delivered is changed by someone else or by the installation of parts of other origin unless the defect was not in any way caused by the change. It also ceases if installation and maintenance instructions are not followed.
8. Normal wear and tear and damage due to improper treatment is excluded from the warranty. Data security in any data storage is the customer’s responsibility. In particular we are not liable for changes in condition or function of our products due to improper storage or climatic or other influences. The warranty does not include such defects due to defective design or materials that the Customer has prescribed despite previously being warned against.
9. The period of warranty is not extended or renewed by repair or delivery of a replacement.
10. For difficulties resulting from the stipulations of business legal protection for resale or the use of our products or the goods sold by us, we reject responsibility and in particular claims for compensation.VI. Liability
1. We shall be liable for any damage hereunder caused by it intentionally or caused by its gross negligence.
2. In the event of simple negligence by the MWA, we shall be liable only for ordinary and foreseeable damage arising from the contract, and only to the extent that the MWA has breached material contractual obligations. Further, in the event of simple negligence by the MWA, we shall be liable for personal injury and/or health-related damage attributable to the MWA.
3. We shall not be liable for consequential damages and unforeseen damages (including consequential damages resulting from defective goods) as well as loss of profits in the event it has acted with simple negligence.
4. Any further liability of the MWA Nova is excluded.
5. To the extent that our liability is excluded or limited, such exclusion or limitation shall apply to any persons or entities employed by the MWA in the performance of its contractual obligations.
6. The limitations of liability delineated herein shall not apply to any legally prescribed strict liability, in particular any such strict liability arising from laws regarding guarantees or product warranties.VII. Export
1. The goods supplied by us may not be exported to other countries than the Common Market in an uninstalled state without our written permission.
2. In case of a violation of this, we are entitled to cancel current orders besides claiming damage compensation.VIII. Reservation of Title
1. We reserve title to the delivered goods until complete payment of all claims due to us from the business relationship regardless of legal basis.
2. The Customer is entitled to process our products or their connection with other products within the scope of his regular business. To secure our claims we gain joint title to the objects generated by processing our products with other products according to number 1 above which the customer transfers as a stipulation of purchase. The Customer will keep the objects subject to our joint title free of charge. The portion of the joint title corresponds to the value of our product in comparison with the value of the object arising from the processing.
3. Resale within the scope of regular business requires our written approval. If granted this approval becomes void in the event of cessation of payment on the part of customer. As a condition of sale the Customer transfers to us all claims arising to him including peripheral rights. The transferred rights serve as security for all claims defined under No. 1. The Customer is entitled to collect the transferred claims as long as we have not revoked this empowerment. The right to collect also expires without express revocation if the Customer ceases to make payments. At our request the Customer shall promptly inform us to whom the goods have been sold and which claims are still open from the sale as well as issue us a notarized statements of the transfer at his own expense.
4. The Customer shall not be entitled to any other disposition of the property under our reserved title or joint title or of the Claims transferred to us. The Customer shall immediately inform us of liens and other infringements of the objects under our sole or joint title.
5. We shall at any time be entitled to request hand-over of the goods belonging to us if the Customer falls in default of payment to us or if there is an essential worsening of liquidity. If we avail ourselves of this right our right to rescind the contract shall only be deemed as exercised if expressly so declared, except as compulsorily required by law.
6. If the value of the securities for us exceeds our claims by as total of more than 20 % we will at the Customer’s request waive such a corresponding share of the securities as we choose.
7. If the reservations of title as above No. 1 to 6 should be invalid in a foreign state the Customer is obligated to co-operate in all measures to achieve equivalent security for us as above in numbers 1 to 6, in particular to make any statement necessary.IX. Payments
1. Unless otherwise agreed upon the Orderer owes payment in Euro (EUR) for deliveries and services even if the invoices show amounts in foreign exchange. Foreign exchange in the form of transfers, cheques, bills of exchange etc. shall be credited to the amount in EUR we get for the amount of foreign exchange.
2. Payments are to be made according to the terms of payment agreed upon. Service invoices shall always be due immediately upon receipt. In the absence of specific agreements the opening of a certified divisible irrevocable documentary letter of credit shall be payable in EUR at a major bank in the Fed. Rep. Of Germany at least 90 days before the delivery date agreed upon and 30 days after order confirmation - depending upon the delivery time.
3. Payments will be credited against the oldest invoice due.
4. If the Customer is in default of payment or his solvency seriously worsens we may demand Immediate payment of all claims, even such as have been granted a longer period for payment. This shall also apply when we have accepted cheques or bills of exchange. Under such circumstances we demand advance payment or security for all current orders. Claims based on § 326 BGB remain in effect.
5. In case of default of payment and without preclusion of other rights we may claim interest to the amount of 5% above the respective discount rate of the German Federal Bank.X. Liability for Equipment Rentals
The hirer shall be liable according to the general terms for liability if the equipment is damaged or if he is otherwise in default of obligations. In particular the hirer shall return the equipment in the same condition as he received it. The hirer’s liability shall also cover peripheral damage like the costs of appraisal, loss of value, lost rental revenues etc.XI. Invoicing Rates, Law Applying, Court of venue
Clearance rates, expenses, etc. are to be inferred from the valid price lists.XII. Place of fulfillment, court of venue, applicable law.
1. Place of fulfillment and court of venue is Berlin, Federal Republic of Germany.
2. We shall also be entitled to enter litigation at the court which is competent for the seat of business of the Customer.
3. The law of the Federal Republic of Germany shall apply for the delivery and service relationship.
We are very delighted that you have shown interest in our enterprise. Data protection is of a particularly high priority for the management of the MWA Nova GmbH. The use of the Internet pages of the MWA Nova GmbH is possible without any indication of personal data; however, if a data subject wants to use special enterprise services via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no statutory basis for such processing, we generally obtain consent from the data subject.
The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to the MWA Nova GmbH. By means of this data protection declaration, our enterprise would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled.
As the controller, the MWA Nova GmbH has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means, e.g. by telephone.
The data protection declaration of the MWA Nova GmbH is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used.
In this data protection declaration, we use, inter alia, the following terms:
a) 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.
b) Data subject
Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the 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 limiting their processing in the future.
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.
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.
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
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 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.
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.
Consent of the data subject 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.
2. Name and Address of the controller
Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:
MWA Nova GmbH
3. Collection of general data and information
The website of the MWA Nova GmbH collects a series of general data and information when a data subject or automated system calls up the website. This general data and information are stored in the server log files. Collected may be (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites, (5) the date and time of access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.
When using these general data and information, the MWA Nova GmbH does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, the MWA Nova GmbH analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.
4. Subscription to our newsletters
On the website of the MWA Nova GmbH, users are given the opportunity to subscribe to our enterprise's newsletter. The input mask used for this purpose determines what personal data are transmitted, as well as when the newsletter is ordered from the controller.
The MWA Nova GmbH informs its customers and business partners regularly by means of a newsletter about enterprise offers. The enterprise's newsletter may only be received by the data subject if (1) the data subject has a valid e-mail address and (2) the data subject registers for the newsletter shipping. A confirmation e-mail will be sent to the e-mail address registered by a data subject for the first time for newsletter shipping, for legal reasons, in the double opt-in procedure. This confirmation e-mail is used to prove whether the owner of the e-mail address as the data subject is authorized to receive the newsletter.
During the registration for the newsletter, we also store the IP address of the computer system assigned by the Internet service provider (ISP) and used by the data subject at the time of the registration, as well as the date and time of the registration. The collection of this data is necessary in order to understand the (possible) misuse of the e-mail address of a data subject at a later date, and it therefore serves the aim of the legal protection of the controller.
The personal data collected as part of a registration for the newsletter will only be used to send our newsletter. In addition, subscribers to the newsletter may be informed by e-mail, as long as this is necessary for the operation of the newsletter service or a registration in question, as this could be the case in the event of modifications to the newsletter offer, or in the event of a change in technical circumstances. There will be no transfer of personal data collected by the newsletter service to third parties. The subscription to our newsletter may be terminated by the data subject at any time. The consent to the storage of personal data, which the data subject has given for shipping the newsletter, may be revoked at any time. For the purpose of revocation of consent, a corresponding link is found in each newsletter. It is also possible to unsubscribe from the newsletter at any time directly on the website of the controller, or to communicate this to the controller in a different way.
The newsletter of the MWA Nova GmbH contains so-called tracking pixels. A tracking pixel is a miniature graphic embedded in such e-mails, which are sent in HTML format to enable log file recording and analysis. This allows a statistical analysis of the success or failure of online marketing campaigns. Based on the embedded tracking pixel, the MWA Nova GmbH may see if and when an e-mail was opened by a data subject, and which links in the e-mail were called up by data subjects.
Such personal data collected in the tracking pixels contained in the newsletters are stored and analyzed by the controller in order to optimize the shipping of the newsletter, as well as to adapt the content of future newsletters even better to the interests of the data subject. These personal data will not be passed on to third parties. Data subjects are at any time entitled to revoke the respective separate declaration of consent issued by means of the double-opt-in procedure. After a revocation, these personal data will be deleted by the controller. The MWA Nova GmbH automatically regards a withdrawal from the receipt of the newsletter as a revocation.
6. Contact possibility via the website
The website of the MWA Nova GmbH contains information that enables a quick electronic contact to our enterprise, as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the controller by e-mail or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the data controller are stored for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third parties.
7. Routine erasure and blocking of personal data
The data 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 is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.
8. Rights of the data subject
a) Right of confirmation
Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact any employee of the controller.
b) Right of access
Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:
the purposes of the processing;
the categories of personal data concerned;
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;
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) of the 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 shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to 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.
c) Right to rectification
Each data subject shall have the right granted by the European legislator 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.
If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact any employee of the controller.
d) Right to erasure (Right to be forgotten)
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 are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
The data subject withdraws consent to 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) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the 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) of the GDPR.
If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by the MWA Nova GmbH, he or she may, at any time, contact any employee of the controller. An employee of MWA Nova GmbH shall promptly ensure that the erasure request is complied with immediately.
Where the controller has made personal data public and is obliged pursuant to Article 17(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 other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. An employees of the MWA Nova GmbH will arrange the necessary measures in individual cases.
e) Right of restriction of processing
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 instead 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) of the 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 the MWA Nova GmbH, he or she may at any time contact any employee of the controller. The employee of the MWA Nova GmbH will arrange the restriction of the processing.
f) Right to data portability
Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not 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 his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.
In order to assert the right to data portability, the data subject may at any time contact any employee of the MWA Nova GmbH.
g) Right to object
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.
The MWA Nova GmbH shall no longer process the personal data in the event of the objection, 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 the MWA Nova GmbH processes 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 applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to the MWA Nova GmbH to the processing for direct marketing purposes, the MWA Nova GmbH 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 the MWA Nova GmbH 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 any employee of the MWA Nova GmbH. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.
h) Automated individual decision-making, including profiling
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, 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 not 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 not 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, the MWA Nova GmbH 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 point of view and contest the decision.
If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may, at any time, contact any employee of the MWA Nova GmbH.
i) Right to withdraw data protection consent
Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time.
If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact any employee of the MWA Nova GmbH.
9. Data protection provisions about the application and use of 1&1 WebAnalytics
On this website, the controller has integrated components of the 1&1 Internet SE, Elgendorfer Str. 57, 56410 Montabaur. 1&1 WebAnalytics is a web analytics service. Web analytics is the collection, gathering and analysis of data about the behavior of visitors of the websites. A web analysis service captures, among other things, data pertaining to which website a person has arrived on via another website (the so-called referrer), which sub-site of the website was visited, or how often and for what duration a sub-site was viewed. Web analytics are mainly used for the optimization of a website in order to carry out a cost-benefit analysis of Internet advertising.
The operating company of 1&1 Internet SE, Elgendorfer Str. 57, 56410 Montabaur, Germany
10. Legal basis for the processing
Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. Is our company subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1) lit. d GDPR. Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company 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. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).
11. The legitimate interests pursued by the controller or by a third party
Where the processing of personal data is based on Article 6(1) lit. f GDPR our legitimate interest is to carry out our business in favor of the well-being of all our employees and the shareholders.
12. Period for which the personal data will be stored
The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.
13. Provision of personal data as statutory or contractual requirement; Requirement necessary to enter into a contract; Obligation of the data subject to provide the personal data; possible consequences of failure to provide such data
We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject must contact any employee. The employee clarifies to the data subject whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of non-provision of the personal data.
14. Existence of automated decision-making
As a responsible company, we do not use automatic decision-making or profiling.
MWA Nova GmbH
Tel.: +49 (0) 30 - 398 019 0-0
Fax: +49 (0) 30 - 398 019 0-99
E-Mail: info @ mwa-nova.com
Detlef Nachtigall, Frank Ortwein
HRB Berlin 77476
VATID: DE 813159357
© MWA Nova GmbH 2006-2018
Mistakes and changes reserved. All prices plus 19% VAT.
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