Data Protection Declaration according to GDPR

I. Name and address of the authority responsible

The company responsible for the processing of personal data of visitors to our website www.westhouse-group.com is:Westhouse Group GmbH, Parkring 6, 85748 GarchingDepending on the relevant business relationship, the following companies are responsible for processing personal data of candidates, contact persons of customers and suppliers, and the employees of Westhouse:

a) Westhouse Group GmbH, Parkring 6, D-85748 Garching
b) Westhouse Management GmbH, Parkring 6, D-85748 Garching
c) Westhouse Consulting GmbH, Parkring 6, D-85748 Garching
d) Westhouse Engineering GmbH, Parkring 6, D-85748 Garching
e) Westhouse Schweiz AG, Dreikönigstraße 8, CH-8002 Zürich
f) Westhouse Managed Services Srl, Centro Direzionale Milanofiori, Viale Milanofiori, Strada 4 – Palazzo A5 – 2 piano, IT-20090 Assago
g) Westhouse Italia Srl, Centro Direzionale Milanofiori, Viale Milanofiori, Strada 4 – Palazzo A5 – 2 piano, IT-20090 Assago

II. Name and address of the data protection officer

The data protection officer of the authority responsible is:

for a), b), c), d), e)
Lars Gawenda, Westhouse Management GmbH, Parkring 6, 85748 Garching
Tel. +49-89-383772-35, L.Gawenda@westhouse-group.com

for f), g)
Luigi Cronin, Westhouse Managed Services Srl, Centro Direzionale Milanofiori, Viale Milanofiori, Strada 4 – Palazzo A5 – 2 piano, IT-20090 Assago
Tel: +39-02-8253263, L.Cronin@westhouse.it

III. General information on data processing

1. Scope of processing of personal data

We only process personal data of our users if this is necessary to provide a functional website as well as our contents and services. The processing of personal data of our users takes place regularly only after consent of the user. An exception applies in those cases in which prior consent is not possible for real reasons and the processing of the data is permitted by legal regulations.

2. Legal basis for the processing of personal data

Insofar as we obtain the consent of the data subject for the processing of personal data, Art. 6 para. 1 lit. a EU General Data Protection Regulation (GDPR) serves as the legal basis.
In the processing of personal data required for the performance of a contract to which the data subject is a party, Art. 6 para. 1 lit. b GDPR serves as the legal basis. This also applies to processing operations that are necessary to carry out pre-contractual measures.
Insofar as the processing of personal data is required to fulfil a legal obligation to which our company is subject, Art. 6 para. 1 lit. c GDPR serves as the legal basis.
In the event that the vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d GDPR serves as the legal basis.
If processing is necessary to safeguard a legitimate interest of our company or a third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh the first-mentioned interest, Art. 6 para. 1 lit. f GDPR serves as the legal basis for processing.

3. Data erasure and storage time

The personal data of the person concerned will be deleted or blocked as soon as the purpose of storage ceases to apply. Furthermore, data may be stored if this has been provided for by the European or national legislator in EU regulations, laws or other provisions to which the authority responsible is subject. The data will also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless there is a need for further storage of the data for the conclusion or fulfilment of a contract.

IV. Provision of the website and creation of log files

1. Description and scope of data processing

Every time you visit our website, our system automatically collects data and information from the computer system of the calling computer. The following data is collected:

a) Information about the browser type and version used,
b) the user´s operating system,
c) the Internet service provider of the user,
d) the IP address of the user,
e) the date and time of access,
f) Websites from which the user´s system reaches our website,
g) Websites accessed by the user´s system via our website.

The log files contain IP addresses or other data that enable an assignment to a user. This could be the case, for example, if the link to the website from which the user accesses the website or the link to the website to which the user switches contains personal data. The data is also stored in the log files of our system. This data is not stored together with other personal data of the user.

2. Legal basis for data processing

The legal basis for the temporary storage of data and log files is Art. 6 para. 1 lit. f GDPR.

3. Purpose of data processing

The temporary storage of the IP addresses by the system is necessary to enable the website to be delivered to the user´s computer. For this the IP address of the user must remain stored for the duration of the session.
The data is stored in log files to ensure the functionality of the website. In addition, the data serves us to optimize the website and to ensure the security of our information technology systems. In this context, the data is not evaluated for marketing purposes.
Our legitimate interest in data processing pursuant to Art. 6 para. 1 lit.f GDPR also lies in these purposes.

4. Duration of storage

The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected. In the case of the collection of data for the provision of the website, this is the case when the respective session has ended.
It the data is stored in log files, this is the case after seven days at the latest. Further storage is possible. In this case, the IP addresses of the users are deleted or alienated, so that an assignment of the calling client is no longer possible.

5. Possibility of objection and elimination

The collection of data for the provision of the website and the storage of data in log files is absolutely necessary for the operation of the website. Consequently, there is no possibility of objection on the part of the user.

V. Use of cookies

1. Description and scope of data processing

Our website uses cookies. Cookies are text files that are stored in the Internet browser or by the Internet browser on the user´s computer system. If a user visits a website, a cookie may be stored on the user´s operating system. This cookie contains a characteristic character string that enables a unique identification of the browser when the website is called up again.
We use cookies to make our website more user-friendly. Some elements of our website require that the calling browser can be identified even after a page change. The following data is stored and transmitted in the cookies:

a) Language settings
b) ID to identify the user´s session (anonymized)
With regard to the use of non-technical cookies for analytical purposes, we refer to Section IX (Web analysis by Google Analytics).

2. Legal basis for data processing

The legal basis for the processing of personal data using cookies is Art. 6 para. 1 lit. f GDPR.

3. Purpose of data processing

The purpose of using technically necessary cookies is to simplify the use of websites for users. Some functions of our website cannot be offered without the use of cookies. For this it is necessary that the browser is recognized even after a page change.

We need cookies for the following applications:

a) Adoption of language settings
b) Remembering search terms

The user data collected by technically necessary cookies are not used to create user profiles.

4. Duration of storage, objection and elimination options

Cookies are stored on the user´s computer and transmitted to our site. Therefore, you as a user also have full control over the use of cookies. You can deactivate or restrict the transmission of cookies by changing the settings in your Internet browser. Cookies that have already been saved can be deleted at any time. This can also be done automatically. If cookies are deactivated for your website, it may no longer be possible to use all functions of the website in full.

VI. Newsletter (WElert)

1. Description and scope of data processing

You can subscribe to a free newsletter on our website. When registering for the newsletter, the data form the input mask (email address of the user) is transmitted to us. In addition, the following data is collected upon registration:

a) IP address of the calling computer
b) Date and time of registration

In the course of the registration process, your consent is obtained for the processing of the data and reference is made to this data protection declaration. In connection with data processing for the dispatch of newsletters, no data is passed on to third parties. The data will be used exclusively for sending the newsletter.

2. Legal basis for data processing

The legal basis for the processing of the data after registration for the newsletter by the user is Art. 6 para. 1 lit. a GDPR.

3. Purpose of data processing

The collection of the user´s email address serves to deliver the newsletter.

4. Duration of storage

The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected. The user´s email address will therefore be stored for as long as the subsciption to the newsletter is active.

5. Objection and elimination options

The subscription to the newsletter can be cancelled by the user concerned at any time. For this purpose there is a corresponding link in every newsletter.

VII. Registration (WElounge)

1. Description and scope of data processing

On our website, we offer users the opportunity to register by providing personal data. The data is entered into an input mask and transmitted to us and saved. The data will not be passed on to third parties. The following data is collected during the registration process:

a) First name and surname of the user,
b) Email address of the user,
c) User´s address (optional).

At the time of registration, the following data is also stored:

a) The IP address of the user,
b) Date and time of registration.

In the course of the registration process, the user´s consent to the processing of this data is obtained.

2. Legal basis for data processing

The legal basis for the processing of data is Art. 6 para. 1 lit. a GDPR if the user has given his consent.

3. Purpose of data processing

A registration of the user is necessary for the provision of certain contents and services on our website.

4. Duration of storage

The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected. This is the case for the data collected during the registration process if the registration on our website is cancelled or changed.

5. Objection and elimination options

As a user you have the possibility to cancel the registration at any time. You can change the data stored about you at any time.

VIII. Contact form and email contact

1. Description and scope of data processing

There is a contact form on our website which can be used for electronic contact. If a user takes advantage of this possibility, the data entered in the input mask will be transmitted to us and stored. This data is:

a) Email address of the user,
b) any additional personal data voluntarily provided in the message.

At the time the message is sent, the following data is also stored:

a) The IP address of the user,
b) Date and time of transmission.

Your consent is obtained for the processing of the data within the scope of the sending process and reference is made to this data protection declaration. Alternatively, you can contact us via the email address provided. In this case, the user´s personal data transmitted by email will be stored. In this context, the data will not be passed on to third parties. The data is used exclusively for processing the conversation.

2. Legal basis for data processing

The legal basis for the processing of data is Art. 6 para. 1 lit. a GDPR if the user has given his consent.

The legal basis for the processing of data transmitted in the course of sending an email is Art. 6 para. 1 lit. f GDPR. If the email contact aims at the conclusion of a contract, then additional legal basis for the processing is Art. 6 para. 1 lit. b GDPR.

3. Purpose of the processing

The processing of the personal data from the input mask serves us only for the treatment of the extablishment of contact. If you contact us by email, you have a legitimate interest in the processing of your data.
The other personal data processed during the sending process serve to prevent misuse of the contact form and to ensure the security of our information technology systems.

4. Duration of storage

The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected. For the personal data from the input mask of the contact form and those sent by email, this is the case when the respective conversation with the user is finished. The conversation is terminated when it can be inferred from the circumstances that the facts in question have been finally clarified. The additional personal data collected during the sending process will be deleted after a period of seven days at the latest.

5. Objection and elimination options

The user has the possibility to revoke his consent to the processing of personal data at any time. If the user contacts us by email, he can object to the storage of his personal data at any time. In such a case, the conversation cannot be continued.
All personal data stored in the course of contacting us will be deleted in this case.

IX. Web analysis by Google Analytics

1. Scope of processing of personal data

We use Google Analytics on our website to analyse the surfing behaviour of our users. The software places a cookie on the user´s computer (see above for cookies). If details of our website are called, the following data are stored:

a) IP address of the user´s calling system,
b) the accessed website,
c) the website from which the user has accessed the accessed website (referrer),
d) the subpages that are accessed from the accessed website,
e) the time spent on the website,
f) the frequency with which the website is accessed.

The information generated by the cookie about your use of this website is usually sent to a server of Google Inc. (“Google”) in the USA and stored there. However, if IP anonymisation is activated on this website, Google will reduce your IP address within member states of the European Union or in other signatory states to the Agreement on the European Economic Area beforehand. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there.

Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage.

The personal data transmitted by your browser in the context of Google Analytics will not be merged with other Google data.

2. Legal basis for data processing

The legal basis for processing users´personal data is Art. 6 para. 1 lit. f GDPR.

3. Purpose of the processing

The processing of users´personal data enables us to analyse the surfing behaviour of our users. We are in a position to compile information about the use of the individual components of our website by evaluating the data obtained. This helps us to continuously improve our website and its user-friendliness. For these purposes, it is also in our legitimate interest to process the data in accordance with Art. 6 para. 1 lit. f GDPR. By anonymizing the IP address, the interest of the users in their protection of personal data is sufficiently taken into account.

4. Duration of storage

The data will be deleted as soon as they are no longer needed for our recording purposes. In our case this is the case after 14 months at the latest.

5. Objection and elimination options

Cookies are stored on the user´s computer and transmitted to our site. Therefore, you as a user also have full control over the use of cookies. You can deactivate or restrict the transmission of cookies by changing the settings in your Internet browser. Cookies that have already been saved can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to use all functions of the website in full.

We offer our users on our website the possibility of an opt-out from the analysis procedure. To do this, you have to follow the corresponding link Deactivate Google Analytics. In this way, another cookie is placed on your system, which signals to our system not to store the user´s data. If the user deletes the corresponding cookie from his own system in the meantime, he must set the opt-out cookie again.

You can also prevent Google from collecting the data generated by the cookie and relating to your use of the website (including your IP address) and from processing this data by Google by downloading and installing the browser plugin availabe under following link (http://tools.google.com/dlpage/gaoptout?hl=de).

For more information on terms of use and data protection, please visit http://www.google.com/analytics/terms/de.html or https://www.google.de/intl/de/policies/. We would like to point out that the code “anonymizelp” has been added to Google Analytics on this website to ensure anonymous collection of IP addresses (so-called IP masking).

X. Rights of the data subject

If your personal data are processed, you are affected within the meaning of the GDPR and you have the following rights against the authority responsible:

1. Right for information

You can ask the authority responsible to confirm whether personal data concerning you will be processed by us. If such processing has taken place, you can request the following information from the authority responsible:

a) The purposes for which the personal data are processed,
b) the categories of personal data processed,
c) the recipients or categories of recipients to whom the personal data concerning you have been or are still being disclosed,
d) the planned duration of the storage of the personal data concerning you or, if specific information is not possible, the criteria for determining the storage period,
e) the existence of a right to rectification or deletion of personal data concerning you, a right to limitation of the processing by the controller or a right to object to such processing,
f) the existence of a right of appeal to a supervisory authority,
g) any available information on the origin of the data if the personal data are not collected from the data subject,
h) the existence of automated decision-making, including profiling in accordance with Art. 22 para. 1 and 4 GDPR and – at least in these cases – meaningful information on the logic involved and the scope and intended effects of such processing for the data subject.

You have the right to request information as to whether the personal data concerning you is transferred to a third country or to an international organisation. In this context, you may request to be informed of the appropriate guarantees pursuant to Art. 16 GDPR in connection with the transmission.

2. Right to correction

You have a right of rectification and/or completion against the authority responsible if personal data processed concerning you are incorrect or incomplete. The authority responsible shall make the correction without delay.

3. Right to limitation of processing

Under the following conditions, you may request that the processing of personal data concerning you be restricted:

a) if you dispute the accuracy of the personal data concerning you for a period of time that enables the data controller to verify the accuracy of the personal data,
b) the processing is unlawful and you refuse to delete the personal data and instead request that the use of the personal data be restricted,
c) the authority responsible no longer needs the personal data for the purposes of the processing, but you do need them to assert, exercise or defend legal claims, or
d) if you have filed an objection to the processing pursuant to Art. 21 para. 1 GDPR and it has not yet been determined whether the legitimate reasons of the authority responsible outweigh your reasons.

If the processing of personal data concerning you has been restricted, such data may only be processed – apart from being stored – with your consent or for the purpose of asserting, exercising or defending rights or protecting the rights of another natural or legal person or because of an important public interest of the Union or a Member State.

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

4. Right of deletion

a) Deletion obligation
You may request the authority responsible to delete the personal data concerning you without delay and the authority responsible is obliged to delete this data without delay if one of the following reasons applies:

– The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.

– You revoke your consent on which the processing was based pursuant to Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. a GDPR, and there is no other legal basis for processing.

– You file an objection against the processing pursuant to Art. 21 para. 1 GDPR and there are no overriding legitimate reasons for the processing, or you file an objection against the processing pursuant to Art. 21 para. 2 GDPR.

– The personal data concerning you have been processed unlawfully.

– The deletion of personal data concerning you is necessary to fulfil a legal obligation under Union law or the law of the Member States to which the authority responsible is subject.

– The personal data concerning you have been collected in relation to information society services offered pursuant to Art. 8 para. 1 GDPR.

b) Information to third parties
If the authority responsible has published the personal data concerning you and is obliged to delete it pursuant to Art. 17 para. 1 GDPR, he shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform data processors who process the personal data that you as the data subject have requested the deletion of all links to this personal data or of copies or replications of this personal data.

c) Exemptions
The right of deletion does not exist insofar as the processing is necessary

– to exercise freedom of expression and information,

– for the performance of a legal obligation required for processing under the law of the Union or of the Mamber States to which the authority responsible is subject or for the performance of a task in the public interest or in the exercise of official authority conferred on the authority responsible,

– for reasons of public interest in the field of public health pursuant to Art. 9 para. 2 lit. h and i and Art. 9 para. 3 GDPR,

– for archiving purposes in the public interest, scientific or historical research purposes or for statistical purposes pursuant to Art. 89 para. 1 GDPR, insofar as the law referred to in the first section is likely to make it impossible or seriously impair the attainment of the objectives of such processing, or

– for asserting, exercising or defending legal claims.

5. Right of information

If you have exercised your right to have the processing corrected, deleted or restricted, the authority responsible is obliged to inform all recipients to whom the personal data concerning you have been disclosed of this correction or deletion of the data or restriction on processing, unless this proves impossible or involves a disproporionate effort.

You shall have the right against the authority responsible to be informed about such recipients.

6. Right of data transferability

You have the right to receive the personal data concerning you that you have provided to the authority responsible in a structured, common and machine-readable format. In addition, you have the right to pass this data on to another authority in charge without obstruction by the authority responsible to whom the personal data was provided, provided that

a) processing is based on consent pursuant to Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR or on a contract pursuant to Art. 6 para 1 lit. b GDPR and,

b) processing is carried out using automated methods.

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

The right of transferability shall not apply to the processing of personal data necessary for the performance of a task in the public interest or in the exercise of official authority conferred on the controller.

7. Right of objection

You have the right to object at any time, for reasons arising from your particular situation, to the processing of personal data concerning you under Art. 6 para. 1 lit. e or f GDPR; this also applies to profiling based on these provisions.

The authority responsible no longer processes the personal data concerning you, unless he can prove compelling reasons for processing that outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.

If the personal data concerning you are processed for direct marketing purposes, you have the right to object at any time to the processing of the personal data concerning you for the purpose of such advertising, including profiling, in so far as it is related to such direct marketing.

If you object to the processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.

You have the possibility to exercise your right of objection in connection with the use of Information Society services by means of automated procedures using technical specifications, notwithstanding Directive 2002/58/EC.

8. Right of revocation of data protection consent

You have the right to revoke your consent to the data protection declaration at any time. The revocation of consent shall not affect the legality of the processing carried out on the basis of the consent until revocation.

9. Automated decision in individual cases including profiling

You have the right not to be subject to a decision based exclusively on automated processing – including profiling – which has legal effect against your or significantly affects you in similar manner. This does not apply if the decision

a) is necessary for the conclusion or performance of a contract between you and the person responsible,

b) is admissible by law of the Union or of the Member States to which the authority responsible is subject and that law contains appropriate measures to safeguard your rights, freedoms and legitimate interests, or

c) takes place with your explicit consent.

However, these decisions may not be based on special categories of personal data pursuant to Art. 9 para. 1 GDPR, unless Art. 9 para. 2 lit. a or g GDPR applies and appropriate measures have been taken to protect your rights and freedoms and your legitimate interests.

With regard to the cases referred to in a) and c), the authority responsible takes appropriate measures to protect your rights and freedoms as well as your legitimate interests, including at least the right to obtain the intervention of a person by the authority responsible, to state his own position and to challenge the decision.

10. Right of the submission of a complaint to a supervisory authority

Without prejudice to any other administrative or judicial remedy, you have the right of submission of a complaint to a supervisory authority, in particular in the Member State where your are staying, working or suspected of infringing, if you believe that the processing of personal data concerning you is contrary to the GDPR.

The supervisory authority to which the complaint has been submitted shall inform the complainant of the status and results of the complaint, including the possibility of a judical remedy under Art. 78 GDPR.