TERMS AND CONDITIONS OF SALE AND DELIVERY
for foreign transactions of Hueck GmbH & Co KG
Revised version 15th September 2022
The following terms and conditions apply to commercial transactions with those of our customers who are domiciled abroad.
1. Choice of law/ General
1.1 The legal relationships arising on the basis of offers/ quotations and contract conclusions for our deliveries or service provisions as well as all claims arising out of or in connection with offers/ quotations and contracts for delivery are governed by the United Nations Convention on Contracts for the International Sale of Goods (UN Sales Law), if and to the extent that the regulations contained therein are not supplemented, amended or modified by the provisions set out hereinafter.
1.2 This legal framework also applies to all future business relationships.
1.3 We hereby object to any counter confirmation by the customer making reference to such customer’s own terms and conditions of business. This also applies in the case that the customer requires a certain form to be observed for such an objection.
1.4 Terms and conditions that deviate from these Terms and Conditions of Sale and Delivery are only valid if they are confirmed by us in writing.
2. Use of our products, application examples, specialist-planning services
2.1 HUECK system profiles and the corresponding accessories were developed for
applications in professional metal construction. Our products are destined for processing by specialist metal construction companies, specialist window manufacturing companies and the like which are familiar with the recognized state of the art standards especially in the field of metal, door, window, separation wall and façade construction, which have knowledge of all applicable DIN standards and guidelines issued by guilds and professional associations.
2.2 All general documents issued by HUECK dealing with the combination, assembly, array and pro-cessing of our products as well as reports on combinations and installations already implemented only constitute application proposals which do not contain any binding technical conclusion or statement as regards any specific cases of application. The customer, when using such documents, is obliged to carefully consider himself from time to time and for each individual case whether the proposals are suitable and appropriate in each and every respect for his specific application because it is impossible to cover in such documents the multitude of installation and strain situations occurring in practice. In case of doubt, the customer is obliged to require our technical support for his specific application.
2.3 If the customer requires binding information in particular as regards the installation of
the components or structural engineering problems such as statics, fixation, heat
insulation, moisture guard, fire protection, noise insulation etc. the customer must
engage professional consultancy firms, specialist planning firms or experts. Such
specialist planning and services are not included in our offer nor are they part of the
sales contract concluded with us unless we have explicitly agreed with the customer
to that effect in writing.
3. Contract conclusion, proper delivery by sub-suppliers
3.1. Our offers/ quotations are binding unless they are explicitly designated as made without
engagement and subject to change.
We reserve the right to make technical changes to our products within reasonable limits
and to adjust our products to any subsequently applicable standards.
3.2. The contract is concluded subject to the condition that we receive timeous and correct
delivery from our own suppliers and sub-suppliers. This only applies in the case that
the non-delivery is not attributable to us. Non-delivery is deemed not attributable to us
especially in the case that an appropriate congruent covering transaction is concluded.
4. Pricing, costs of transport and packaging, partial delivery
4.1. The prices indicated in our offers/ quotations are in EUROS unless explicitly stated
otherwise. In case the period between contract conclusion and delivery date exceeds
three months, we reserve the right to adjust the agreed upon prices in the event of an
unforeseen increase in the prices for primary material or wages. If the customer does
not agree to the price adjustment, both parties will be entitled to withdraw from the
contract.
4.2 Prices confirmed for an order will in no case be binding for any repeat orders or
follow-up orders for parts of the same kind.
4.3 The minimum order value is € 70.00.
4.4 The prices are exclusive of insurance, transport, transport packaging and value-added
tax. We deliver carriage paid if the order value (net, exclusive of VAT and separately
itemized ancillary remuneration) is EUR 1,500.00 at least. If the order value is less, the
costs of transport are at the customer’s expense.
4.5 We do not charge the costs of one-way packaging; we do not accept return of such
one-way packaging, unless we are obliged to accept return according to the provisions
of the “Verpackungsverordnung” (German Packaging Rules).
Reusable transport packaging such as steel baskets and steel frames are charged at
replacement cost. If the customer returns such packaging in reusable condition freight
paid, the customer will be credited for the amount charged.
4.6 We are entitled to make partial deliveries within reasonable limits without prior
agreement with the customer.
5. Terms of payment
5.1. Unless otherwise agreed, our invoices are due and payable within 30 days without
deduction.
5.2. The customer is obliged under the contract to pay the purchase price within 30 days
from receipt of the goods. After expiry of such period, the customer is deemed to be in
default of payment (“Verzug”).
We are entitled, notwithstanding any payment reference or terms and conditions of the
customer to the contrary, to set off any payment received against the customer’s older
debts first. If costs and interest have already accrued, we will be entitled to set off any
payment received against accrued costs first, then against accrued interest and lastly
against the principal claim.
5.3. Payment is only deemed made if and as soon as we can dispose of the amount in
question. If payment is made by paper documents for which we reserve the right from
time to time to accept or reject them, payment is only deemed made if the paper
document has been cashed. The costs and expenses incurred in connection therewith
are borne by the customer.
5.4. Hueck System GmbH & Co. KG has the right to assign the claims from our
customers to a third party.
5.5. The customer is obliged to pay interest on any monetary debt during the time of default
at a rate of 8 percentage points above the base interest rate according to § 247 BGB
(German Civil Code). We explicitly reserve the right to assert claims for compensation
of any further damage incurred as a result of the default which however needs to be
specifically evidenced.
5.6. If the customer fails to comply with his payment obligations including but not limited to
the failure to cash a cheque or if the customer stops payments at all or if, after contract
conclusion, we become aware of any other circumstances which render the customer’s
creditworthiness questionable to an extent that is relevant for the business relationship,
we will be entitled to accelerate maturity of all remaining outstanding debts of the
customer, even if we have accept-ed cheques or bills. In this case, we will also be
entitled to claim prepayment or the provision of security/ collateral.
5.7 The customer is only entitled to assert retention rights if the customer’s counter-claim
is based on the same legal relationship.
6. Delivery times, delay in delivery, proper delivery by sub-suppliers
6.1. Delivery times and dates need to be agreed upon at least in text form (“Textform” in
terms of German law). Delivery times run from the day on which the parties agree
upon the delivery time or date. The delivery times will not start to run before all details
of the order execution have been clarified in full. If delivery is agreed to be made on
the basis of the customer’s planning documents, the delivery times will not start to run
before the complete planning documents have been handed over.
6.2. Compliance with the delivery times/ dates requires fulfilment of the contractual duties
by the customer.
6.3. We are not responsible and cannot be held liable for any delay in delivery or service
provision that is due to force majeure or other events which essentially impede or hinder
delivery or render delivery impossible (this includes for instance strike, lock-out, official
orders by authorities etc.) – even if they occur with our own suppliers, sub-suppliers or
their suppliers and even if the delivery times or dates have been bindingly agreed
between us and the customer. In this case, we are entitled to postpone delivery or
service provision by the duration of the hindrance plus an adequate start-up time or to
withdraw from the contract, in whole or in part, with regard such part of the contract as
has not yet been fulfilled at that time.
6.4. If the duration of the hindrance should exceed 2 calendar months, the customer will be
entitled, after grant of a reasonable grace period, to withdraw from the contract with
regard to such part of the contract as has not yet been fulfilled at that time. If the delivery
time is extended or if we are released from our obligation to deliver, the customer will
not be entitled to assert claims for damages based on this.
6.5. We are only entitled to rely on the circumstances specified in sec. 6.3 and 6.4 if we
have informed the customer of the occurrence of such circumstances without undue
delay (“unverzüglich”).
6.6. If we fail to comply with a firmly agreed delivery date, the customer will only be entitled
to assert claims for damages or withdraw from the contract after an adequate grace
period to be granted by him has expired without result. If, in this case, the customer
claims compensation of damage, we will be liable without limitation with respect to the
customer’s claims for compensation of damage, if any, incurred as a result of a covering
purchase undertaken by him. Further damage, if any, is only eligible for compensation
up to the amount of the order. This restriction does not apply to fixed date transactions
(“Fixgeschäft” in terms of German law) which are explicitly agreed and designated as
such as well as in any case of intentional or grossly negligent conduct by our executive
employees.
6.7. In the case of non-delivery by our own suppliers or sub-suppliers that is due to
circumstances which are not attributable to us, both we and the customer are entitled
to withdraw from the contract.
6.8 If the customer is in default of acceptance of the goods to be delivered, he will be
liable to pay flatrate compensation in the amount of 3% of the value of the goods with
regard to which the customer is in default of acceptance but in no case more than
10% of the value of the overall order. The customer is free to prove that Hueck has
incurred less damage only and, vice versa, Hueck is free to claim compensation of
any specified higher damage which however needs to be evidenced.
6.9 Sec. 6.8 applies mutatis mutandis in the case that the customer fails to undertake any
contributory or cooperative acts which he is obliged to perform. This pertains in
particular but is not limited to the customer’s cooperation regarding the opening of
letters of credit or concerning measures relating to the import or export of goods or
technical issues.
7. Delivery quantities, contracts for call-off delivery
7.1 Systems profiles are delivered in manufactured lengths of approx. 6,500 mm. Any
excess delivery resulting therefrom by up to 10% or short delivery by up to 5% of the
ordered quantity or call-off quantity is deemed to constitute proper fulfilment of the
contract, which is usual practice in this trade.
Systems profiles and assembly groups are delivered in manufactured lengths of
approx. 6,500 mm. If the customer orders product series accessories in quantities that
deviate from the packing units indicated in the price lists, we will confirm and deliver as
if the next bigger packing unit was ordered.
7.2 In the case of contracts for continuous delivery upon call, we are entitled to manufacture
the total quantity ordered at any time during the contract term according to our
production planning and scheduling unless the parties have explicitly agreed otherwise.
Subsequent changes of the ordered goods are no longer possible after the total quantity
has been manufactured.
7.3 The customer is obliged under the contract to portion and schedule the ordered quantity
and accept delivery thereof during the contract term. If the ordered quantity has not
been accepted during the contract term, we will be entitled, without prejudice to our
further statutory rights and claims, to demand acceptance of delivery and payment of
the entire remaining quantity. Upon expiry of the contract term, the customer is deemed
to be in default (“Verzug”) of acceptance of the unscheduled portion of the ordered
quantity that has not been called off.
7.4 If no contract term or term for acceptance of delivery has been agreed upon, in the
case that the customer has failed to make a call-off within a usual call-off period, we
will be entitled to fix a time limit for further call-off. After such time limit has expired
without result, we will be entitled, without prejudice to our further statutory rights and
claims, to demand acceptance of de-livery and payment of the entire remaining
quantity.
7.5 In the case of call-off contracts covering a period of more than 3 months, adequate
price adjustment is deemed agreed upon in case unforeseeable major changes in
costs or quantities occur during the term of the call-off order. This applies but is not
limited to changes in the market price for aluminium. The agreed prices cannot be
adjusted for other reasons; this applies in particular in the case that a lower-price offer
from a competitor is available.
8. Passing of risk, formal approval of the goods
8.1. Our deliveries are made ex works (EXW INCOTERMS 2022) Lüdenscheid. The risk
passes to the customer as soon as the delivery has been handed over to the person
carrying out the transport or has left our warehouse for being shipped. This also applies
if we have agreed to pay the costs of the transport. If dispatch becomes impossible with
no fault on our part, the risk passes to the customer upon notice of readiness of the
goods for dispatch.
We do not take out a transport insurance policy.
We choose the mode of dispatch in our sole discretion unless otherwise stipulated by
individual agreement between the parties.
If the goods are damaged during transport, a legally binding confirmation of breakage
needs to be issued by the forwarder resp. the Bundesbahn (German Federal Railways)
immediately after receipt of the delivery.
8.2. If the parties have agreed that the goods are to be inspected with regard to special
parameters or under special conditions or that the goods are to be formally approved,
the inspection or formal approval will take place in our works from where delivery is
made. All costs of formal approval, travelling and accommodation expenses of the
customer are borne by himself. If the customer renounces any agreed upon formal
approval, the goods are deemed formally ap-proved upon the passing of risk.
9. Non-compliant goods, warranty, return of goods
9.1. We give warranty for the goods delivered by us in accordance with the provisions set
out hereinafter which exhaustively stipulate the applicable warranty provisions and do
not constitute guarantees in terms of law. In the case of trading goods/ goods for resale,
manufacturer’s guarantees, if any, remain unaffected by these provisions.
9.2. The warranty period is 12 months. It runs from the passing of risk.
9.3 If our technical information sheets/ bulletins and installation or assembly instructions
are not observed or if changes are made to the products, both warranty and liability for
defects will lapse. The same applies in the case of defects of final products which were
manufactured by the customer using our systems profiles provided that construction
parts, metal fittings and acces-sory parts from third-party manufacturers were used for
the production.
These restrictions do not apply if the customer proves that the defect complained about
is not due to the said circumstances.
9.4. The customer is obliged to notify us in text form (“Textform” in terms of German law) of
any obvious defect or non-compliance of the goods with the contractual requirements
without undue delay (“unverzüglich”) but in no case later than within eight calendar days
from receipt of the goods delivered, precisely specifying the defect or non-complianc in
question. Any defect or non-compliance with the contractual requirements which, even
in the case of careful inspection, cannot be detected within this period, must be reported
to us in text form (“Textform” in terms of German law) without undue delay
(“unverzüglich”) after detection whereby such defect or non-compliance needs to be
specified precisely. If this provision is not complied with, the goods are deemed
approved.
The full burden of proof regarding all conditions of the claims asserted lies with the
customer, including but not limited to conditions such as the defect or non-compliance
of the goods as such, the time of its detection and the timeliness of the notice of defect
or non-compliance.
9.5. If the goods are not compliant with the contractual requirements, we may provide
subsequent performance (“Nacherfüllung”) at our choice either by way of subsequent
remedy (“Na-chbesserung”) or by way of substitute delivery (“Ersatzlieferung”).
9.6. If the subsequent performance (“Nacherfüllung”) fails after grant of a reasonable grace
period (“Nachfristsetzung”) by the customer, the customer will be entitled at his choice
either to claim reduction of the price (“Minderung” in terms of German law) or to
withdraw of the contract leading to mutual restitution by the parties of the things already
received under the contract (“Rücktritt” in terms of German law). In the case of a minor
defect or non-compliance with the contractual requirements the customer is not entitled
to withdraw from the contract.
9.7 If, after subsequent performance (“Nacherfüllung”) has failed, the customer chooses to
withdraw from the contract (“Rücktritt”) for non-compliance with the contractual
requirements, he will not be entitled to any additional claim for damages based on this
defect.
If, after subsequent performance (“Nacherfüllung”) has failed, the customer chooses
compensation of damage, the goods will stay with the customer if this is reasonably
acceptable for him. The amount of damages is limited to the balance between the
purchase price and the value of the defective goods. This does not apply if the defect
or non-compliance with the contractual requirements is due to any fraudulent conduct
on our part.
9.8 In default of any explicit agreement to the contrary, the question of whether or not the
systems profiles, construction parts, metal fittings and accessories to be delivered are
compliant with the contractually agreed quality is to be answered solely on the basis of
our product specifications and – if available – the acceptance drawing signed by the
customer as a sign of approval and – if available – the sample presented to the
customer for approval. The sample presented to the customer for approval is only
intended to confirm the acceptance drawing; the presentation of the sample does not
constitute a quality specification. Public statements, promotions or advertising as well
as proposals for applications contained in our advertising documents do not constitute
an additional quality description of the goods in terms of the contract concluded.
9.9. If, for instance when designing profiles, we manufacture on the basis of specifications
provided by the customer, any liability for the fitness or suitability of the product for the
intended use of our product, its proper construction or compliance with safety
regulations and construction regulations as well as for the fitness or suitability of the
material or substances used is excluded.
9.10. Only our direct customer is entitled to warranty claims against us; the customer is not
allowed to assign such warranty claims.
9.11. HUECK established a quality management system that is certified according to DINEN
ISO 9001. All products are continuously controlled and inspected during the
manufacturing process in ac-cordance with our QM manual. The customer is entitled
to request information regarding the mode and scope of the production-accompanying
quality controls. Any quality control measures going beyond those provided for by our
QM manual need to be separately agreed upon in writing between the customer and
us whereby the control parameters and control methods to be applied need to be
specified in detail.
9.12. Our quality management system does not release the customer from his obligation to
properly inspect any incoming goods.
9.13. Any return of goods that is not due to a defect of the goods will not be accepted by us
unless we have made a specific individual agreement to that effect with the customer
beforehand.
10. Use of third-party products, customer’s duty to inform
10.1. The customer is only allowed to use in connection with the products manufactured by
him HUECK product series designations or the name HUECK or protected trademarks
or other signs of HUECK vis-à-vis other parties involved in the construction and/or in
the customer’s advertising if exclusively HUECK series profiles, construction parts,
metal fittings and accessory parts were used for the production.
10.2. Moreover, the customer is only allowed to adopt statements and information from our
selling documents for his own products if he exclusively used HUECK series profiles,
construction parts, metal fittings and accessories for their production. In the event that
the customer manufactures products by using construction parts, metal fittings or
accessory parts from third-party manufacturers, HUECK does not accept any
responsibility or liability for that such products comply with the technical statements and
information provided by HUECK.
This does not apply if and to the extent that the customer demonstrates that the noncompliance
with technical statements or information is not due to the use of such thirdparty
products.
10.3. If the customer uses construction parts, metal fittings or accessory parts other than
those from the HUECK supply range, he is contractually obliged to explicitly inform any
architects, specialist planners, site/ construction managers, initial suppliers or service
providers and builders/ building owners involved in the project about the composition
of the customer’s products before the project is implemented.
11. Limitation of liability
11.1. We are only liable for damages based on a defect or non-compliance of the goods with
the contractual requirements if such defect or non-compliance is due to intentional or
negligent causation on our part.
11.2. In the case of intentional or negligent breach of duty, our liability is limited to a
maximum amount of € 50,000.00.
11.3. The limitation of liability as stipulated hereinbefore does not apply to claims of the
customer based on product liability, nor in the case of an injury of the customer’s life or
limb or health that is attributable to us nor in the case of loss of the customer’s life.
11.4. Customer’s claims for damages become timebarred after expiry of one year, with the
limitation period running from the delivery of the goods. This does not apply to claims of the customer based on product liability.
12. Reservation of title
12.1. We reserve title to the delivered goods until all claims from the business relationship
have been satisfied in full, including any interest and costs incurred. The customer is
obliged, upon our request, to ensure special storage and insurance of the goods
delivered subject to reservation of title and produce appropriate evidence if requested
by us.
13. Industrial property rights, copyrights
13.1. The customer is responsible and liable for that products that were manufactured by us
according to the customer’s specifications do not infringe industrial property rights of
third parties. If, with regard to the manufacturing or delivery of such products, a third
party asserts claims against us for alleged infringement of such third party’s industrial
property rights, the customer will be obliged to indemnify us against all such claims. In
this case, we will only conduct defense action if we are requested to do so by the
customer who will then be obliged to bindingly prom-ise to bear the costs of such an
action. In this case, we are entitled to request security for the costs of the action.
13.2. The customer is not allowed to use any documents and drawings provided by us as
well as any of our construction services and proposals for the design and
manufacturing of aluminium profiles, windows, doors and façades for purposes other
than those agreed between the parties. The customer is not allowed to make them
available to third parties or publish them without our consent.
14. Manufacturing equipment, extrusion tools, confidentiality
14.1. Manufacturing equipment (tools, moulds, patterns, manufacturing facilities) are
deemed to include all items and equipment which are manufactured for the production
of ordered profiles to be manufactured on the basis of drawings or samples (based on
particular specifications) and whose purpose is to enable or facilitate the manufacturing
process. If it is agreed between the parties that the customer bears the costs of their
manufacturing in whole or in part, such costs will generally be charged separately upon
presentation of the initial sample.
14.2. The customer does not acquire title to resp. ownership of the manufacturing equipment
manufactured by us even if he bears the costs associated therewith in whole or in part.
14.3. Both we and the customer are mutually obliged to treat any and all commercial and
technical information and data that are not generally known but have become mutually
known to them in the context of their business relationship as business secrets. Both
we and the customer are not allowed to provide or otherwise make available drawings,
models, patterns, moulds, samples or other similar items to third parties. It is only
permitted to copy such items within the limits of the operational requirements and within
the limits of copyright law.
15. Data protection
The handling of the business relationship is supported by appropriate data processing
equipment. The customer data (address, delivered goods, quantity of delivered goods,
prices, payments, cancellations etc.) are collected in an automated file and stored until
the termination of the business relationship. The customer is hereby informed of such
storage. Legal basis: §§ 28, 33 BDSG (German Federal Data Protection Act).
16. Place of performance (“Erfüllungsort”), place of jurisdiction
The place of performance is Lüdenscheid. German law shall apply to the business
relationship between Hueck System GmbH & Co. KG and our customers.
Place of jurisdiction for all disputes arising out of or in connection with the contractual
relation-ship including actions based on bills (“Wechselklagen“) is the court having
jurisdiction over Lüdenscheid, Germany; this is without prejudice to the parties’ right
to sue the respective other party at the place of general jurisdiction applicable to it
(“allgemeiner Gerichtsstand”).
The customer shall bear all fees, costs and expenses incurred in connection with any
successful legal action against him outside Germany.
Data protection
Data protection and copyright for the use of our website
Terms of use
Access to and use of this website is subject to following provisions.
Our website contains links to websites of other providers. We have no influence on whether these providers comply with the statutory data protection provisions. You should therefore always check the provided privacy statements.
Data protection
a) General
The protection of your privacy with respect to the processing of personal data as well as the security of all business data is an important concern to which we pay special attention in our business procedures.
We process personal data collected during your visit to our website confidentially and only in accordance with the statutory provisions. Data protection and information security are an integral part of our company policy.
b) Collecting, storing and processing personal data
With respect to collecting, storing and processing personal data, we comply with European data protection legislation and the national provisions resulting therefrom. As a company registered in Germany, we are subject to the EU’s General Data Protection Regulation (GDPR) and the German implementing regulations, the Telecommunications Act (Telekommunikationsgesetz) and the Telemedia Act (Telemediengesetz). When you visit our website, we save the name of your internet service provider, the website from which you are visiting us, which of our web pages you visit, and the date and duration of your visit. Further personal data will only be stored if you provide them yourself, e.g. as part of a registration process, a survey or a request or for the execution of a contract. We use your personal data for the purpose of technical administration of the website, for customer administration, for product surveys and for marketing only to the extent necessary in each specific case. Your data will only be passed on to third parties if this is necessary for the fulfillment of the contract or if there is a legal obligation to transfer the data. We take technical and organisational security measures in order to protect your data managed by us from manipulation, loss or destruction, or from access by unauthorised persons or unauthorised disclosure. Our security measures are improved and adapted in line with technological development on an ongoing basis.
Definitions
Our privacy statement is based on the terminology used by the European legislator in enacting the General Data Protection Regulation (GDPR). Our privacy statement is intended to be easy to read and understand both for the general public and for our customers and business partners. To ensure that this is the case, we would first like to explain the terminology it uses.
We use the following terms, among others, in this privacy statement:
“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.
A data subject is any identified or identifiable natural person whose personal data are processed by the controller.
“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.
- Restriction of processing
“Restriction of processing” means the marking of stored personal data with the aim of limiting their processing in the future.
“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.
- Controller or controller responsible for processing
“Controller” or “controller responsible for processing” 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.
“Processor” means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
“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.
“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.
“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.
Collection and use of your data
Personal/non-personal data
When you visit our website, we save the name of your internet service provider, the website from which you are visiting us, which of our web pages you visit, and the date and duration of your visit. None of this is personal data, as none of the data can be used to establish a link to you. The data are stored exclusively for internal purposes, such as providing and improving our services and monitoring functionality.
Voluntary personal data
If we request personal data on a voluntary basis, you will be expressly informed of the voluntary nature of the request. Supplying this data is therefore not necessary and can be omitted. If you then provide your personal data voluntarily, e.g. as part of surveys, competitions at trade fairs, etc., we will store these data electronically and handle them in strict confidentiality. We use your personal data for the purpose of technical administration of the website, for customer administration, for product surveys and for marketing only to the extent necessary in each specific case; they are not passed on to third parties.
Further personal data will only be stored if you provide them yourself, e.g. during a registration process or for the purposes of executing a contract. In these cases, we will use your personal data for the purpose of customer administration and performance of the contract.
We take technical and organisational security measures in order to protect your data managed by us from manipulation, loss or destruction, or from access by unauthorised persons or unauthorised disclosure.
Registration for a user account
You have the option to create a user account on our website. For this purpose, we collect and store the following data:
username, surname, first name, address, customer number where applicable, area of work, telephone number, email address and password. You can then log into the customer area of our website with your username (which is the same as your email address) and your personal password.
Your email address
Your email address is also a form of personal data. Accordingly, this too is only used for the purpose for which you provided it.
Your email address is passed on only if this is necessary for contract handling or if Hueck Service GmbH is legally obliged to do so. Apart from that, your email address is never forwarded to third parties.
Newsletter
You will only receive newsletters from us if you have expressly requested them and, even then, only if you expressly confirm your newsletter request by email (double opt-in procedure). Every newsletter includes an unsubscribe function so that you can cancel this service again easily at any time.
Routine erasure and blocking of personal data
The controller processes and stores data subjects’ personal data only for as long as is necessary to achieve the purpose of storage or insofar as this has been provided for by the European legislator or another legislator in statutes or regulations to which the controller is subject. If the purpose of storage is no longer applicable or if a storage period prescribed by the European legislator or another relevant legislator expires, the personal data will be routinely blocked or erased in accordance with the statutory regulations.
Use of cookies
Cookies are small text files that are stored on users’ hard disks when they visit the platform; i.e. they are saved on your computer. The website is configured to place a temporary cookie on your hard disk in order to store certain information during your visit, e.g. the language or the duration of the visit. In addition, a longer-term cookie is created in order to enable the website’s functionality, among other things, as well as to count the number of your visits without automatically linking your PC to your personal data. The information contained in cookies makes navigation easier and allows our website to be displayed correctly. Our cookies cannot be used to identify you personally. We use the information stored in the cookies for the purpose of analysing the portal’s usage and to improve our website. You can adjust the settings of your browser software to prevent the installation of cookies with lasting effect. Moreover, you can delete existing cookies via a web browser or other software at any time. This is possible in all common web browsers. If you deactivate the setting of cookies in your web browser, you may not be able to use the full functionality of our website.
Data collection due to the use of Google Analytics
Our website uses Google Analytics, a web analytics service provided by Google Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer to help the website analyse how visitors use the site. The information generated by the cookie about your use of the website is usually transmitted to and stored by Google on servers in the United States. However, in case of activation of IP anonymisation on this website, Google will first truncate your IP address within Member States of the European Union or in other countries which are parties to the Agreement on the European Economic Area. On behalf of the operator of this website, Google will use this information to analyse your use of the website in order to compile reports about the website activities and to provide further services in connection with the use of the website and the internet to the website operator. The IP address transmitted by your browser within the framework of Google Analytics will not be combined with other Google data. You may refuse the storing of cookies by selecting the appropriate settings on your browser; however, please note that if you do this you may not be able to use the full functionality of this website. You can furthermore prevent the collection of the data created by the cookie with regard to your use of the website (incl. your IP address) for Google as well as the processing of this data by Google by downloading and installing the browser plug-in at the following link: https://tools.google.com/dlpage/gaoptout?hl=de.
In view of the discussion regarding the use of analysis tools with full IP addresses, please note that this website uses Google Analytics with the “_anonymizeIp()” extension and that IP addresses are therefore only processed in shortened form in order to prevent them from being linked directly to an individual. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes described above. You may withdraw your permission for the collection and storage of the data with future effect at any time.
Your rights in relation to your data
You can request the erasure of your profile and the data we have stored about you at any time, although we may be legally required (e.g. for tax reasons) to store and archive some of your data even after erasing your profile. However, these data are then blocked from any use. All data that we are not legally required to archive will be erased without undue delay once you request their erasure. You can request information about any data we have stored about you at any time. Your rights in detail:
Every data subject has the right, granted by the European legislator, to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed. Should a data subject wish to exercise this right to confirmation, he or she can contact us, our staff or our data protection officer for this purpose at any time using the contact details below.
HUECK System GmbH & Co. KG can be contacted as follows: HUECK System GmbH & Co. KG, Loher Straße 9 58511 Lüdenscheid, Phone +49 2351 151-1, Email info@hueck.de
Contact details of data protection officer: Michaela Dötsch, specialist IT lawyer, Lösenbacher Straße 15, 58507 Lüdenscheid, Phone +49 2351 665970, Fax +49 2351 665969, doetsch@kanzlei-doetsch.de.
Every data subject about whom personal data are processed has the right, as conferred by the European legislator, to obtain from the controller information about the personal data stored about them and a copy of this information free of charge. In addition, the European legislator has granted data subjects the right to access the following information:
- the purposes of the processing;
- the categories of personal data concerned;
- the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
- where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
- the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;
- the right to lodge a complaint with a supervisory authority;
- where the personal data are not collected from the data subject, any available information as to their source;
- the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the 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.
In addition, the data subject has the right to be informed whether personal data have been transferred to a third country or to an international organisation. If this is the case, the data subject also has the right to be informed of the appropriate safeguards relating to the transfer.
Should a data subject wish to exercise this right to be informed, he or she can contact us, our staff or our data protection officer for this purpose at any time using the contact details above.
Every data subject about whom personal data are processed has the right, as conferred by the European legislator, to obtain without undue delay the rectification of inaccurate personal data concerning him or her. In addition, taking into account the purposes of the processing, the data subject has the right to have incomplete personal data completed, including by means of providing a supplementary statement.
Should a data subject wish to exercise this right to rectification, he or she can contact us, our staff or our data protection officer for this purpose at any time using the contact details above.
- Right to erasure (right to be forgotten)
Every data subject about whom personal data are processed has the right, as conferred by the European legislator, to obtain from the controller the erasure of personal data concerning him or her without undue delay, provided that one of the following grounds applies and to the extent that the processing is not necessary:
- the personal data were 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) 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 have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject;
- the personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.
Insofar as one of the above grounds applies and a data subject wishes to obtain the erasure of personal data stored at our companies, he or she can contact us, our staff or our data protection officer for this purpose at any time using the contact details above. The data protection officer or another employee will arrange for the erasure request to be fulfilled without undue delay.
If we have made the personal data public and our company, as the controller, is obliged pursuant to Article 17(1) of the GDPR to erase the personal data, then we – taking account of available technology and the cost of implementation – will take reasonable steps, including technical measures, to inform other controllers which are processing the published 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, provided that the processing is not necessary. We will make the necessary arrangements in individual cases.
- Right to restriction of processing
Every data subject about whom personal data are processed has the right, as conferred 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) of the GDPR and it has not yet been verified whether the legitimate grounds of the controller override those of the data subject.
Insofar as one of the above conditions is met and a data subject wishes to request the restriction of personal data stored by us, he or she can contact us, our staff or our data protection officer for this purpose at any time using the contact details above. We will arrange the restriction of processing without undue delay.
- Right to data portability
Every data subject about whom personal data are processed has the right, as conferred 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. He or she also has the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided in cases where the processing is based on consent pursuant to point (a) of Article 6(1) 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, provided that 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.
In addition, 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 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.
In order to establish the right to data portability, the data subject can contact us, our staff or our data protection officer at any time using the contact details above.
Every data subject about whom personal data are processed has the right, as conferred 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 those 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 the processing is necessary for the establishment, exercise or defence of legal claims.
Where we process personal data for direct marketing purposes, the data subject has the right to object at any time to the processing of personal data concerning him or her for such marketing. This also applies to profiling to the extent that it is related to such direct marketing. Where the data subject objects to our processing for direct marketing purposes, the personal data will no longer be processed for these purposes.
In order to exercise the right to object, the data subject can contact us, our staff or our data protection officer at any time using the contact details above. Furthermore, in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, the data subject is free to exercise his or her right to object by automated means using technical specifications.
- Automated individual decision-making, including profiling
Every data subject about whom personal data are processed has the right, as conferred 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, unless the decision is (1) necessary for entering into, or performance of, a contract between the data subject and a data controller, (2) 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) based on the data subject’s explicit consent.
If the decision is (1) necessary for entering into, or performance of, a contract between the data subject and a data controller or (2) based on the data subject’s explicit consent, we will implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, including 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.
Should a data subject wish to assert rights relating to automated decision-making, he or she can contact us, our staff or our data protection officer for this purpose at any time using the contact details above.
- Right to withdraw consent under data protection law
Every data subject about whom personal data are processed has the right, as conferred by the European legislator, to withdraw his or her consent to the processing of personal data at any time.
Should the data subject wish to assert their right to withdraw consent, he or she can contact us, our staff or our data protection officer for this purpose at any time using the contact details above.
Protecting your data
We take the protection of your personal data very seriously. Secure Sockets Layer (SSL) technology is used to record your sensitive data for the purpose of contract performance. We use generally accepted industry standards to secure and protect sensitive data against unauthorised access or unlawful use.
Statutory or contractual provisions regarding the provision of personal data; necessity for entering into a contract; obligation of data subject to provide personal data; possible consequences of failure to provide personal data
Please be aware that the provision of personal data is required by law (e.g. tax regulations) in some cases or can also result from contractual rules (e.g. details of the contracting party). When entering into a contract, it may sometimes be necessary for a data subject to provide us with personal data that we will subsequently need to process. For example, the data subject is required to provide us with personal data when our company enters into a contract with him or her. Failure to provide the personal data would mean that we could not enter into the contract with the person in question. Before providing personal data, the person in question must contact us using the contact details above. Our data protection officer will inform the person in question on a case-by-case basis whether the provision of personal data is legally or contractually required or necessary in order to enter into the contract, whether there is an obligation to provide the personal data, and what the consequences of failing to provide the personal data would be.
Changes
The operator reserves the right to update this privacy statement. In the event of changes that could be disadvantageous to you, you will be notified within a reasonable period of time and, if necessary, renewed consent will be obtained.
Withdrawal of consent
Where you expressly agree to a specific use of your data on our website, this is always done on a voluntary basis. You can withdraw your consent at any time with future effect. Please send notice of withdrawal to the contact details above. We have a legal obligation to ensure data protection and to compile a privacy statement. Therefore, and for technical reasons, it is not possible to make use of our services if you do not wish to give your consent to this privacy statement or parts thereof, or if you withdraw such consent. If you have any further questions regarding our privacy statement, we will be happy to provide assistance. Please contact us using the contact form or contact details on this website.
Permit of use
The above companies grant the user the non-exclusive, non-transferable right, territorially restricted to the Federal Republic of Germany, to utilise the content, software and databases that can be accessed online as part of the standard use of the website for the purpose of facilitating the user’s work with and planning of Hueck company products. Every reproduction or saving to storage media of any kind and/or forwarding of the software and/or databases and/or the contents, with the exception of buffering for technical reasons in the main memory or on the user’s hard drive as part of the normal access process, is not permitted without the explicit consent of Hueck GmbH & Co. KG. Furthermore, the user shall ensure that third parties – irrespective of the means – do not have access to the software and/or databases and/or the contents. Any use of the software and/or databases and/or contents other than the use stipulated in the first sentence of this paragraph is also not permitted.
Copyright and right of use
The content of our website is protected by copyright. One copy of the information on this website may be stored on a single computer for non-commercial and personal internal use. Graphics, texts, logos, images, etc. may only be downloaded, duplicated, copied, altered, published, sent, transmitted or used in any other form with prior written permission from Hueck GmbH & Co. KG. Product and company names mentioned on the website may be registered trademarks or brands. Unauthorised use may lead to claims for damages and injunctive relief.
Disclaimer
The above Hueck companies shall not be liable for damage and specifically not for direct or indirect consequential damage, loss of data, loss of profit, or system or production downtime that occurs as a result of using this website or downloading data. This disclaimer shall not apply in the event of damage that occurs as a result of using this website or downloading data if this is due to malicious intent or gross negligence.
Applicable law, place of jurisdiction
The legal relationship between
Data protection
Data protection and copyright for the use of our website
Terms of use
Access to and use of this website is subject to following provisions.
Our website contains links to websites of other providers. We have no influence on whether these providers comply with the statutory data protection provisions. You should therefore always check the provided privacy statements.
Data protection
a) General
The protection of your privacy with respect to the processing of personal data as well as the security of all business data is an important concern to which we pay special attention in our business procedures.
We process personal data collected during your visit to our website confidentially and only in accordance with the statutory provisions. Data protection and information security are an integral part of our company policy.
b) Collecting, storing and processing personal data
With respect to collecting, storing and processing personal data, we comply with European data protection legislation and the national provisions resulting therefrom. As a company registered in Germany, we are subject to the EU’s General Data Protection Regulation (GDPR) and the German implementing regulations, the Telecommunications Act (Telekommunikationsgesetz) and the Telemedia Act (Telemediengesetz). When you visit our website, we save the name of your internet service provider, the website from which you are visiting us, which of our web pages you visit, and the date and duration of your visit. Further personal data will only be stored if you provide them yourself, e.g. as part of a registration process, a survey or a request or for the execution of a contract. We use your personal data for the purpose of technical administration of the website, for customer administration, for product surveys and for marketing only to the extent necessary in each specific case. Your data will not be disclosed to third parties outside of our company without your consent. We take technical and organisational security measures in order to protect your data managed by us from manipulation, loss or destruction, or from access by unauthorised persons or unauthorised disclosure. Our security measures are improved and adapted in line with technological development on an ongoing basis.
Definitions
Our privacy statement is based on the terminology used by the European legislator in enacting the General Data Protection Regulation (GDPR). Our privacy statement is intended to be easy to read and understand both for the general public and for our customers and business partners. To ensure that this is the case, we would first like to explain the terminology it uses.
We use the following terms, among others, in this privacy statement:
“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.
A data subject is any identified or identifiable natural person whose personal data are processed by the controller.
“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.
- Restriction of processing
“Restriction of processing” means the marking of stored personal data with the aim of limiting their processing in the future.
“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.
- Controller or controller responsible for processing
“Controller” or “controller responsible for processing” 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.
“Processor” means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
“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.
“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.
“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.
Collection and use of your data
Personal/non-personal data
When you visit our website, we save the name of your internet service provider, the website from which you are visiting us, which of our web pages you visit, and the date and duration of your visit. None of this is personal data, as none of the data can be used to establish a link to you. The data are stored exclusively for internal purposes, such as providing and improving our services and monitoring functionality.
Voluntary personal data
If we request personal data on a voluntary basis, you will be expressly informed of the voluntary nature of the request. Supplying this data is therefore not necessary and can be omitted. If you then provide your personal data voluntarily, e.g. as part of surveys, competitions at trade fairs, etc., we will store these data electronically and handle them in strict confidentiality. We use your personal data for the purpose of technical administration of the website, for customer administration, for product surveys and for marketing only to the extent necessary in each specific case; they are not passed on to third parties.
Further personal data will only be stored if you provide them yourself, e.g. during a registration process or for the purposes of executing a contract. In these cases, we will use your personal data for the purpose of customer administration and performance of the contract.
We take technical and organisational security measures in order to protect your data managed by us from manipulation, loss or destruction, or from access by unauthorised persons or unauthorised disclosure.
Registration for a user account
You have the option to create a user account on our website. For this purpose, we collect and store the following data:
username, surname, first name, address, customer number where applicable, area of work, telephone number, email address and password. You can then log into the customer area of our website with your username (which is the same as your email address) and your personal password.
Your email address
Your email address is also a form of personal data. Accordingly, this too is only used for the purpose for which you provided it.
Your email address is passed on only if this is necessary for contract handling or if Hueck Service GmbH is legally obliged to do so. Apart from that, your email address is never forwarded to third parties.
Newsletter
You will only receive newsletters from us if you have expressly requested them and, even then, only if you expressly confirm your newsletter request by email (double opt-in procedure). Every newsletter includes an unsubscribe function so that you can cancel this service again easily at any time.
Routine erasure and blocking of personal data
The controller processes and stores data subjects’ personal data only for as long as is necessary to achieve the purpose of storage or insofar as this has been provided for by the European legislator or another legislator in statutes or regulations to which the controller is subject. If the purpose of storage is no longer applicable or if a storage period prescribed by the European legislator or another relevant legislator expires, the personal data will be routinely blocked or erased in accordance with the statutory regulations.
Use of cookies
Cookies are small text files that are stored on users’ hard disks when they visit the platform; i.e. they are saved on your computer. The website is configured to place a temporary cookie on your hard disk in order to store certain information during your visit, e.g. the language or the duration of the visit. In addition, a longer-term cookie is created in order to enable the website’s functionality, among other things, as well as to count the number of your visits without automatically linking your PC to your personal data. The information contained in cookies makes navigation easier and allows our website to be displayed correctly. Our cookies cannot be used to identify you personally. We use the information stored in the cookies for the purpose of analysing the portal’s usage and to improve our website. You can adjust the settings of your browser software to prevent the installation of cookies with lasting effect. Moreover, you can delete existing cookies via a web browser or other software at any time. This is possible in all common web browsers. If you deactivate the setting of cookies in your web browser, you may not be able to use the full functionality of our website.
Data collection due to the use of Google Analytics
Our website uses Google Analytics, a web analytics service provided by Google Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer to help the website analyse how visitors use the site. The information generated by the cookie about your use of the website is usually transmitted to and stored by Google on servers in the United States. However, in case of activation of IP anonymisation on this website, Google will first truncate your IP address within Member States of the European Union or in other countries which are parties to the Agreement on the European Economic Area. On behalf of the operator of this website, Google will use this information to analyse your use of the website in order to compile reports about the website activities and to provide further services in connection with the use of the website and the internet to the website operator. The IP address transmitted by your browser within the framework of Google Analytics will not be combined with other Google data. You may refuse the storing of cookies by selecting the appropriate settings on your browser; however, please note that if you do this you may not be able to use the full functionality of this website. You can furthermore prevent the collection of the data created by the cookie with regard to your use of the website (incl. your IP address) for Google as well as the processing of this data by Google by downloading and installing the browser plug-in at the following link: https://tools.google.com/dlpage/gaoptout?hl=de.
In view of the discussion regarding the use of analysis tools with full IP addresses, please note that this website uses Google Analytics with the “_anonymizeIp()” extension and that IP addresses are therefore only processed in shortened form in order to prevent them from being linked directly to an individual. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes described above. You may withdraw your permission for the collection and storage of the data with future effect at any time.
Your rights in relation to your data
You can request the erasure of your profile and the data we have stored about you at any time, although we may be legally required (e.g. for tax reasons) to store and archive some of your data even after erasing your profile. However, these data are then blocked from any use. All data that we are not legally required to archive will be erased without undue delay once you request their erasure. You can request information about any data we have stored about you at any time. Your rights in detail:
Every data subject has the right, granted by the European legislator, to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed. Should a data subject wish to exercise this right to confirmation, he or she can contact us, our staff or our data protection officer for this purpose at any time using the contact details below.
HUECK System GmbH & Co. KG can be contacted as follows: HUECK System GmbH & Co. KG, Loher Straße 9 58511 Lüdenscheid, Phone +49 2351 151-1, Email info@hueck.de
Contact details of data protection officer: Michaela Dötsch, specialist IT lawyer, Lösenbacher Straße 15, 58507 Lüdenscheid, Phone +49 2351 665970, Fax +49 2351 665969, doetsch@kanzlei-doetsch.de.
Every data subject about whom personal data are processed has the right, as conferred by the European legislator, to obtain from the controller information about the personal data stored about them and a copy of this information free of charge. In addition, the European legislator has granted data subjects the right to access the following information:
- the purposes of the processing;
- the categories of personal data concerned;
- the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
- where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
- the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;
- the right to lodge a complaint with a supervisory authority;
- where the personal data are not collected from the data subject, any available information as to their source;
- the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the 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.
In addition, the data subject has the right to be informed whether personal data have been transferred to a third country or to an international organisation. If this is the case, the data subject also has the right to be informed of the appropriate safeguards relating to the transfer.
Should a data subject wish to exercise this right to be informed, he or she can contact us, our staff or our data protection officer for this purpose at any time using the contact details above.
Every data subject about whom personal data are processed has the right, as conferred by the European legislator, to obtain without undue delay the rectification of inaccurate personal data concerning him or her. In addition, taking into account the purposes of the processing, the data subject has the right to have incomplete personal data completed, including by means of providing a supplementary statement.
Should a data subject wish to exercise this right to rectification, he or she can contact us, our staff or our data protection officer for this purpose at any time using the contact details above.
- Right to erasure (right to be forgotten)
Every data subject about whom personal data are processed has the right, as conferred by the European legislator, to obtain from the controller the erasure of personal data concerning him or her without undue delay, provided that one of the following grounds applies and to the extent that the processing is not necessary:
- the personal data were 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) 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 have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject;
- the personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.
Insofar as one of the above grounds applies and a data subject wishes to obtain the erasure of personal data stored at our companies, he or she can contact us, our staff or our data protection officer for this purpose at any time using the contact details above. The data protection officer or another employee will arrange for the erasure request to be fulfilled without undue delay.
If we have made the personal data public and our company, as the controller, is obliged pursuant to Article 17(1) of the GDPR to erase the personal data, then we – taking account of available technology and the cost of implementation – will take reasonable steps, including technical measures, to inform other controllers which are processing the published 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, provided that the processing is not necessary. We will make the necessary arrangements in individual cases.
- Right to restriction of processing
Every data subject about whom personal data are processed has the right, as conferred 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) of the GDPR and it has not yet been verified whether the legitimate grounds of the controller override those of the data subject.
Insofar as one of the above conditions is met and a data subject wishes to request the restriction of personal data stored by us, he or she can contact us, our staff or our data protection officer for this purpose at any time using the contact details above. We will arrange the restriction of processing without undue delay.
- Right to data portability
Every data subject about whom personal data are processed has the right, as conferred 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. He or she also has the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided in cases where the processing is based on consent pursuant to point (a) of Article 6(1) 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, provided that 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.
In addition, 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 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.
In order to establish the right to data portability, the data subject can contact us, our staff or our data protection officer at any time using the contact details above.
Every data subject about whom personal data are processed has the right, as conferred 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 those 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 the processing is necessary for the establishment, exercise or defence of legal claims.
Where we process personal data for direct marketing purposes, the data subject has the right to object at any time to the processing of personal data concerning him or her for such marketing. This also applies to profiling to the extent that it is related to such direct marketing. Where the data subject objects to our processing for direct marketing purposes, the personal data will no longer be processed for these purposes.
In order to exercise the right to object, the data subject can contact us, our staff or our data protection officer at any time using the contact details above. Furthermore, in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, the data subject is free to exercise his or her right to object by automated means using technical specifications.
- Automated individual decision-making, including profiling
Every data subject about whom personal data are processed has the right, as conferred 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, unless the decision is (1) necessary for entering into, or performance of, a contract between the data subject and a data controller, (2) 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) based on the data subject’s explicit consent.
If the decision is (1) necessary for entering into, or performance of, a contract between the data subject and a data controller or (2) based on the data subject’s explicit consent, we will implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, including 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.
Should a data subject wish to assert rights relating to automated decision-making, he or she can contact us, our staff or our data protection officer for this purpose at any time using the contact details above.
- Right to withdraw consent under data protection law
Every data subject about whom personal data are processed has the right, as conferred by the European legislator, to withdraw his or her consent to the processing of personal data at any time.
Should the data subject wish to assert their right to withdraw consent, he or she can contact us, our staff or our data protection officer for this purpose at any time using the contact details above.
Protecting your data
We take the protection of your personal data very seriously. Secure Sockets Layer (SSL) technology is used to record your sensitive data for the purpose of contract performance. We use generally accepted industry standards to secure and protect sensitive data against unauthorised access or unlawful use.
Statutory or contractual provisions regarding the provision of personal data; necessity for entering into a contract; obligation of data subject to provide personal data; possible consequences of failure to provide personal data
Please be aware that the provision of personal data is required by law (e.g. tax regulations) in some cases or can also result from contractual rules (e.g. details of the contracting party). When entering into a contract, it may sometimes be necessary for a data subject to provide us with personal data that we will subsequently need to process. For example, the data subject is required to provide us with personal data when our company enters into a contract with him or her. Failure to provide the personal data would mean that we could not enter into the contract with the person in question. Before providing personal data, the person in question must contact us using the contact details above. Our data protection officer will inform the person in question on a case-by-case basis whether the provision of personal data is legally or contractually required or necessary in order to enter into the contract, whether there is an obligation to provide the personal data, and what the consequences of failing to provide the personal data would be.
Changes
The operator reserves the right to update this privacy statement. In the event of changes that could be disadvantageous to you, you will be notified within a reasonable period of time and, if necessary, renewed consent will be obtained.
Withdrawal of consent
Where you expressly agree to a specific use of your data on our website, this is always done on a voluntary basis. You can withdraw your consent at any time with future effect. Please send notice of withdrawal to the contact details above. We have a legal obligation to ensure data protection and to compile a privacy statement. Therefore, and for technical reasons, it is not possible to make use of our services if you do not wish to give your consent to this privacy statement or parts thereof, or if you withdraw such consent. If you have any further questions regarding our privacy statement, we will be happy to provide assistance. Please contact us using the contact form or contact details on this website.
Permit of use
The above companies grant the user the non-exclusive, non-transferable right, territorially restricted to the Federal Republic of Germany, to utilise the content, software and databases that can be accessed online as part of the standard use of the website for the purpose of facilitating the user’s work with and planning of Hueck company products. Every reproduction or saving to storage media of any kind and/or forwarding of the software and/or databases and/or the contents, with the exception of buffering for technical reasons in the main memory or on the user’s hard drive as part of the normal access process, is not permitted without the explicit consent of Hueck GmbH & Co. KG. Furthermore, the user shall ensure that third parties – irrespective of the means – do not have access to the software and/or databases and/or the contents. Any use of the software and/or databases and/or contents other than the use stipulated in the first sentence of this paragraph is also not permitted.
Copyright and right of use
The content of our website is protected by copyright. One copy of the information on this website may be stored on a single computer for non-commercial and personal internal use. Graphics, texts, logos, images, etc. may only be downloaded, duplicated, copied, altered, published, sent, transmitted or used in any other form with prior written permission from Hueck GmbH & Co. KG. Product and company names mentioned on the website may be registered trademarks or brands. Unauthorised use may lead to claims for damages and injunctive relief.
Disclaimer
The above Hueck companies shall not be liable for damage and specifically not for direct or indirect consequential damage, loss of data, loss of profit, or system or production downtime that occurs as a result of using this website or downloading data. This disclaimer shall not apply in the event of damage that occurs as a result of using this website or downloading data if this is due to malicious intent or gross negligence.
Applicable law, place of jurisdiction
The legal relationship between you and the above companies resulting from the use of the website shall be governed by the laws of the Federal Republic of Germany. The place of jurisdiction shall be the Hueck GmbH & Co. KG headquarters in Lüdenscheid, Germany, for disputes with registered traders resulting from the use of this website.
you and the above companies resulting from the use of the website shall be governed by the laws of the Federal Republic of Germany. The place of jurisdiction shall be the Hueck GmbH & Co. KG headquarters in Lüdenscheid, Germany, for disputes with registered traders resulting from the use of this website.
