Data Protection Policy and General Terms and Conditions of Business for Aug. Winkhaus GmbH & Co. KG
We attach great importance to the protection of your data and privacy. To ensure that you are fully informed about how we collect and use personal data, please take note of the following information:
1. An overview of data protection
Data collection on our website
Who is responsible for the data collection on this website?
The data collected on this website are processed by the website operator. The operator's contact details can be found in the website's required legal notice.
How do we collect your data?
Some data are collected when you provide it to us. This could, for example, be data you enter on a contact form.
Other data are collected automatically by our IT systems when you visit the website. These data are primarily technical data such as the browser and operating system you are using or when you accessed the page. These data are collected automatically as soon as you enter our website.
What do we use your data for?
Part of the data is collected to ensure the proper functioning of the website. Other data can be used to analyze how visitors use the site.
What rights do you have regarding your data?
You always have the right to request information about your stored data, its origin, its recipients, and the purpose of its collection at no charge. You also have the right to request that it be corrected, blocked, or deleted. You can contact us at any time using the address given in the legal notice if you have further questions about the issue of privacy and data protection. You may also, of course, file a complaint with the competent regulatory authorities.
Analytics and third-party tools
You can object to this analysis. We will inform you below about how to exercise your options in this regard.
2. General information and mandatory information
Notice concerning the party responsible for this website
The party responsible for processing data on this website is:
Aug. Winkhaus GmbH & Co. KG
Sitz der Gesellschaft: Telgte
Amtsgericht Münster, HRA 6525 Münster
Komplementär: Winkhaus Verwaltungs- und Beteiligungs GmbH,
Amtsgericht Münster, HRB 9553 Münster
USt-IdNr. DE 126046759
Geschäftsführung: Sofie Winkhaus, Tilmann Winkhaus, Stefan Wemhoff
Telephone: +49 2504 921 0
The responsible party is the natural or legal person who alone or jointly with others decides on the purposes and means of processing personal data (names, email addresses, etc.).
Right to file complaints with regulatory authorities
If there has been a breach of data protection legislation, the person affected may file a complaint with the competent regulatory authorities. The competent regulatory authority for matters related to data protection legislation is the data protection officer of the German state in which our company is headquartered. A list of data protection officers and their contact details can be found at the following link: https://www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html
Right to data portability
You have the right to have data which we process based on your consent or in fulfillment of a contract automatically delivered to yourself or to a third party in a standard, machine-readable format. If you require the direct transfer of data to another responsible party, this will only be done to the extent technically feasible.
SSL or TLS encryption
This site uses SSL or TLS encryption for security reasons and for the protection of the transmission of confidential content, such as the inquiries you send to us as the site operator. You can recognize an encrypted connection in your browser's address line when it changes from "http://" to "https://" and the lock icon is displayed in your browser's address bar.
If SSL or TLS encryption is activated, the data you transfer to us cannot be read by third parties.
Information, blocking, deletion
As permitted by law, you have the right to be provided at any time with information free of charge about any of your personal data that is stored as well as its origin, the recipient and the purpose for which it has been processed. You also have the right to have this data corrected, blocked or deleted. You can contact us at any time using the address given in our legal notice if you have further questions on the topic of personal data.
Opposition to promotional emails
We hereby expressly prohibit the use of contact data published in the context of website legal notice requirements with regard to sending promotional and informational materials not expressly requested. The website operator reserves the right to take specific legal action if unsolicited advertising material, such as email spam, is received.
3. Data protection officer
Statutory data protection officer
We have appointed a data protection officer for our company.
Aug. Winkhaus GmbH & Co. KG
48291 Telgte, Germany
Telephone: +49 2504 921 203
4. Data collection on our website
Most of the cookies we use are so-called "session cookies." They are automatically deleted after your visit. Other cookies remain in your device's memory until you delete them. These cookies make it possible to recognize your browser when you next visit the site.
The website provider automatically collects and stores information that your browser automatically transmits to us in "server log files". These are:
• Browser type and browser version
• Operating system used
• Referrer URL
• Host name of the accessing computer
• Time of the server request
• IP address
These data will not be combined with data from other sources.
The basis for data processing is Art. 6 (1) (f) DSGVO, which allows the processing of data to fulfill a contract or for measures preliminary to a contract.
Should you send us questions via the contact form, we will collect the data entered on the form, including the contact details you provide, to answer your question and any follow-up questions. We do not share this information without your permission.
We will, therefore, process any data you enter onto the contact form only with your consent per Art. 6 (1)(a) DSGVO. You may revoke your consent at any time. An informal email making this request is sufficient. The data processed before we receive your request may still be legally processed.
We will retain the data you provide on the contact form until you request its deletion, revoke your consent for its storage, or the purpose for its storage no longer pertains (e.g. after fulfilling your request). Any mandatory statutory provisions, especially those regarding mandatory data retention periods, remain unaffected by this provision.
Leaving comments on this website
If you use the comment function on this site, the time at which you created the comment and your email address will be stored along with your comment, as well as your username, unless you are posting anonymously.
Storage of the IP address
Our comment function stores the IP addresses of those users who post comments. Since we do not check comments on our site before they go live, we need this information to be able to pursue action for illegal or slanderous content.
How long comments are stored
The comments and the associated data (e.g. IP address) are stored and remain on our website until the content commented upon has been completely deleted or the comments are required to be removed for legal reasons (slander, etc.).
The comments are stored based on your consent per Art. 6 (1) (a) DSGVO. You may revoke your consent at any time with future effect. An informal email making this request is sufficient. The data processed before we receive your request may still be legally processed.
5. Analytics and advertising
This website uses Google Analytics, a web analytics service. It is operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.
Google Analytics uses so-called "cookies". These are text files that are stored on your computer and that allow an analysis of the use of the website by you. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there.
Google Analytics cookies are stored based on Art. 6 (1) (f) DSGVO. The website operator has a legitimate interest in analyzing user behavior to optimize both its website and its advertising.
We have activated the IP anonymization feature on this website. Your IP address will be shortened by Google within the European Union or other parties to the Agreement on the European Economic Area prior to transmission to the United States. Only in exceptional cases is the full IP address sent to a Google server in the US and shortened there. Google will use this information on behalf of the operator of this website to evaluate your use of the website, to compile reports on website activity, and to provide other services regarding website activity and Internet usage for the website operator. The IP address transmitted by your browser as part of Google Analytics will not be merged with any other data held by Google.
You can prevent these cookies being stored by selecting the appropriate settings in your browser. However, we wish to point out that doing so may mean you will not be able to enjoy the full functionality of this website. You can also prevent the data generated by cookies about your use of the website (incl. your IP address) from being passed to Google, and the processing of these data by Google, by downloading and installing the browser plugin available at the following link: https://tools.google.com/dlpage/gaoptout?hl=en.
Objecting to the collection of data
You can prevent the collection of your data by Google Analytics by clicking on the following link. An opt-out cookie will be set to prevent your data from being collected on future visits to this site: Disable Google Analytics.
Outsourced data processing
We have entered into an agreement with Google for the outsourcing of our data processing and fully implement the strict requirements of the German data protection authorities when using Google Analytics.
Demographic data collection by Google Analytics
This website uses Google Analytics' demographic features. This allows reports to be generated containing statements about the age, gender, and interests of site visitors. This data comes from interest-based advertising from Google and third-party visitor data. This collected data cannot be attributed to any specific individual person. You can disable this feature at any time by adjusting the ads settings in your Google account or you can forbid the collection of your data by Google Analytics as described in the section "Refusal of data collection".
Google Analytics Remarketing
Our websites use the features of Google Analytics Remarketing combined with the cross-device capabilities of Google AdWords and DoubleClick. This service is provided by Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA.
This feature makes it possible to link target audiences for promotional marketing created with Google Analytics Remarketing to the cross-device capabilities of Google AdWords and Google DoubleClick. This allows advertising to be displayed based on your personal interests, identified based on your previous usage and surfing behavior on one device (e.g. your mobile phone), on other devices (such as a tablet or computer).
Once you have given your consent, Google will associate your web and app browsing history with your Google Account for this purpose. That way, any device that signs in to your Google Account can use the same personalized promotional messaging.
To support this feature, Google Analytics collects Google-authenticated IDs of users that are temporarily linked to our Google Analytics data to define and create audiences for cross-device ad promotion.
You can permanently opt out of cross-device remarketing/targeting by turning off personalized advertising in your Google Account; follow this link: https://www.google.com/settings/ads/onweb/.
The aggregation of the data collected in your Google Account data is based solely on your consent, which you may give or withdraw from Google per Art. 6 (1) (a) DSGVO. For data collection operations not merged into your Google Account (for example, because you do not have a Google Account or have objected to the merge), the collection of data is based on Art. 6 (1) (f) DSGVO. The website operator has a legitimate interest in analyzing anonymous user behavior for promotional purposes.
Google AdWords and Google Conversion Tracking
This website uses Google AdWords. AdWords is an online advertising program from Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, United States ("Google").
As part of Google AdWords, we use so-called conversion tracking. When you click on an ad served by Google, a conversion tracking cookie is set. Cookies are small text files that your internet browser stores on your computer. These cookies expire after 30 days and are not used for personal identification of the user. Should the user visit certain pages of the website and the cookie has not yet expired, Google and the website can tell that the user clicked on the ad and proceeded to that page.
Each Google AdWords advertiser has a different cookie. Thus, cookies cannot be tracked using the website of an AdWords advertiser. The information obtained using the conversion cookie is used to create conversion statistics for the AdWords advertisers who have opted for conversion tracking. Customers are told the total number of users who clicked on their ad and were redirected to a conversion tracking tag page. However, advertisers do not obtain any information that can be used to personally identify users. If you do not want to participate in tracking, you can opt-out of this by easily disabling the Google Conversion Tracking cookie by changing your browser settings. In doing so, you will not be included in the conversion tracking statistics.
Conversion cookies are stored based on Art. 6 (1) (f) DSGVO. The website operator has a legitimate interest in analyzing user behavior to optimize both its website and its advertising.
Our website measures conversions using visitor action pixels from Facebook, Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA ("Facebook").
These allow the behavior of site visitors to be tracked after they click on a Facebook ad to reach the provider's website. This allows an analysis of the effectiveness of Facebook advertisements for statistical and market research purposes and their future optimization.
You can also deactivate the custom audiences remarketing feature in the Ads Settings section at https://www.facebook.com/ads/preferences/?entry_product=ad_settings_screen.
You will first need to log into Facebook.
If you do not have a Facebook account, you can opt out of usage-based advertising from Facebook on the website of the European Interactive Digital Advertising Alliance: http://www.youronlinechoices.com/de/praferenzmanagement/.
If you would like to receive our newsletter, we require a valid email address as well as information that allows us to verify that you are the owner of the specified email address and that you agree to receive this newsletter. No additional data is collected or is only collected on a voluntary basis. We only use this data to send the requested information and do not pass it on to third parties.
We will, therefore, process any data you enter onto the contact form only with your consent per Art. 6 (1) (a) DSGVO. You can revoke consent to the storage of your data and email address as well as their use for sending the newsletter at any time, e.g. through the "unsubscribe" link in the newsletter. The data processed before we receive your request may still be legally processed.
The data provided when registering for the newsletter will be used to distribute the newsletter until you cancel your subscription when said data will be deleted. Data we have stored for other purposes (e.g. email addresses for the members area) remain unaffected.
This website uses CleverReach to send newsletters. The supplier is CleverReach GmbH & Co. KG, Mühlenstr. 43, 26180 Rastede. CleverReach is a service which organizes and analyzes the distribution of newsletters. The data you provide (e.g. your email address) to subscribe to our newsletter will be stored on CleverReach servers in Germany.
Sending our newsletters with CleverReach enables us to analyze the behavior of newsletter recipients. Among other things, we can find out how many recipients have opened the email containing the newsletter and how often various links contained therein are clicked. With the help of conversion tracking, we can also analyze whether a predefined action (such as the purchase of a product on our website) takes place after clicking on the link in the newsletter. For more information on how data is analyzed by CleverReach, please visit https://www.cleverreach.com/de/funktionen/reporting-und-tracking/.
Data processing is based on Art. 6 (1) (a) DSGVO. You may revoke your consent at any time by unsubscribing to the newsletter. The data processed before we receive your request may still be legally processed.
If you do not want your usage of the newsletter to be analyzed by CleverReach, you will have to unsubscribe from the newsletter. For this purpose, we provide a link in every newsletter we send. You can also unsubscribe from the newsletter directly on the website.
The data provided when registering for the newsletter will be used to distribute the newsletter until you cancel your subscription when said data will be deleted from our servers and those of CleverReach. Data we have stored for other purposes (e.g. email addresses for the members area) remains unaffected.
Completion of an outsourced data processing contract
We have entered into an agreement with CleverReach for the outsourcing of our data processing and fully implement the strict requirements of the German data protection authorities when using CleverReach.
7. Plugins and tools
Our website uses plugins from YouTube, which is operated by Google. The operator of the pages is YouTube LLC, 901 Cherry Ave., San Bruno, CA 94066, USA.
If you visit one of our pages featuring a YouTube plugin, a connection to the YouTube servers is established. Here the YouTube server is informed about which of our pages you have visited.
If you're logged in to your YouTube account, YouTube allows you to associate your browsing behavior directly with your personal profile. You can prevent this by logging out of your YouTube account.
YouTube is used to help make our website appealing. This constitutes a justified interest pursuant to Art. 6 (1) (f) DSGVO.
Further information about handling user data, can be found in the data protection declaration of YouTube under https://www.google.de/intl/de/policies/privacy.
This site uses the Google Maps map service via an API. It is operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.
To use Google Maps, it is necessary to save your IP address. This information is generally transmitted to a Google server in the USA and stored there. The provider of this site has no influence on this data transfer.
The use of Google Maps is in the interest of making our website appealing and to facilitate the location of places specified by us on the website. This constitutes a justified interest pursuant to Art. 6 (1) (f) DSGVO.
Further information about handling user data, can be found in the data protection declaration of Google at https://www.google.de/intl/de/policies/privacy/.
8. Cooperation partner
Regularly when signing contracts and in specific cases with justified cause, our company will check your creditworthiness. We cooperate with Creditreform Münster Riegel & Riegel KG, Scharnhorststr. 46, 48151 Münster, for this purpose to obtain the necessary data. As part of this process, we send your name and contact details to Creditreform. Further information on data processing at Creditreform is available at www.creditreform-muenster.de/EU-DSGVO.
9. Industrial property rights
All text, images, graphics, animations, videos, sounds and other contents of this website, as well as their arrangement are protected, by copyright and other property laws. In principle, a duplication, alteration or use of the aforementioned content may not be made in other electronic or printed publications, without the prior written consent of the Aug. Winker GmbH & Co. KG. All trademarks are, if not indicated otherwise, protected by trademark laws, particularly Winkhaus brands, logos, emblems and type plates. The patents and brands presented on this website are the intellectual property of Aug.Winkhaus GmbH & Co. KG.
10. Online Order System
Your personal data is transmitted, via SSL over the Internet in the order process (online order system). We secure our website and other systems by means of technical and organisational measures against loss, destruction, access, alteration or dissemination of your data by unauthorized persons. Access to your customer account is only possible after entering your personal password and security key. You should always keep your access information confidential and close the browser window when you have finished communicating with us, especially if you share your computer with others.
11. Winkhaus Partner Portal
Winkhaus is the legal rights’ holder of all contents which can be found on the partner portal (e.g. PDF documents, photos, editorial content etc.,) as well as the partner portal itself in its specific embodiment.
In the photos and PDF documents the user receives a worldwide valid simple non-exclusive, non-transferable, non-licensable right of use according to the following conditions:
The user is entitled to use photographs and PDF documents for his own commercial and commercial purposes. In particular, use in print and online media is permitted (e.g. brochures, catalogues, advertising flyers, Internet presence, e-newsletter). The right of use extends to all establishments and subsidiaries in which the user holds more than 50% of the company's shares directly or indirectly. In the event of publication, the user is obligated to explicitly point to Winkhaus as a legal rights’ owner.
The photos may not be altered, edited, supplemented, combined or falsified in any other way.
The right of use expires when the user logs off from the partner portal or the user account is deleted or blocked by Winkhaus.
12. Liability and place of jurisdiction
Winkhaus has unlimited liability, in accordance with the legal provisions (i) for damages arising from the injury of life, body or health (ii) in case of Intent (iii) in case of gross negligence; and (iv) in accordance with the Product Liability Act.
Without this limiting the foregoing, Winkhaus is liable for slight negligence only in the event of a breach of a "substantial" contractual obligation. "Essential" duties in this sense are obligations that are necessary for the fulfillment of the contract, the violation of which would challenge the achievement of the contract purpose, and on whose compliance the user may regularly trust. In these cases, liability is limited to typical and foreseeable damages; in other cases, there is not any liability for slight negligence. The use of all offers of the Aug. Winkhaus GmbH & Co. KG is subject exclusively to German law. Exclusive place of jurisdiction in the event of disputes with a user who is a merchant, a legal entity of public law or a public special fund is Münster/Westphalia.