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§ 1 Principles

  1. Thank you for visiting the website of Messer Group GmbH [adjust to the LOCAL company) (hereinafter: "Messer") and for showing your interest in our company and our products. Below, we want to briefly show you the scope, manner and purpose for which we process your Personal Data, how we protect your Personal Data and what it means for you if you use our online offers. 

    Personal Data are any information that permits a conclusion to you personally, e.g. your name, address, email addresses, phone numbers or user behaviour. Purely technical data that can be associated with you are to be viewed as Personal Data as well.
     
  2. The controller in accordance with Article 4 para. 7 EU General Data Protection Regulation (GDPR) is: 
    Messer Group GmbH
    Messer-Platz 1
    65812 Bad Soden
    info@messergroup.com
    +49 6196 7760-0


Also see our imprint.
 

  1. You can contact our data protection officer at:
    datenschutz.mg@messergroup.com
    or
    Messer Group GmbH
    - Data protection -
    Messer-Platz 1
    65812 Bad Soden
     
  2. When you contact us by email or through a contact form, the complete data disclosed by you (your email address, possibly your first and last name and phone number) will be stored by us in order to answer your questions. The information within the context of contacting is processed based on Article 6 para. 1 lit. f GDPR. The authorisation permits processing of Personal Data in the scope of "legitimate interest" of the controller, provided that your fundamental rights, fundamental freedoms or interests are not overriding. Our legitimate interest is in processing your contact. You may object to his processing activities at any time if there are any reasons in your special situation that oppose processing activities. An email to the data protection officer is enough for this. 
  3. If we use any charged service providers for individual functions of our offer, or if we want to use your data for advertising purposes, we will inform you in detail below about the respective processes. We will also indicate the specified criteria for the respective storage duration in this context.
  4. Processing of your Personal Data shall in principle take place by Messer Information Services GmbH, a subsidiary of Messer Group GmbH (hereinafter: "MIS"), which we charged with contract processing. MIS has been carefully selected and charged for this, furthermore is bound to the instructions of Messer and subject to regular control. 

§ 2 Your rights

You have the following rights towards us regarding the Personal Data concerning you:

  • Right to information 
  • Right to rectification or erasure
  • Right to restriction of processing
  • Right to objection to processing
  • Right to data portability
  1. You have the right to be informed by us at any time about the data stored regarding you, as well as their origin, recipients, their origin, recipients or categories of recipients to whom these data are passed on and the purpose of storage. If you ask us, your contact at Messer or our data protection officer in writing to rectify your Personal Data, not to use them any further or to delete them, we will, of course, do this without delay.
  2. We will further inform you that provision of your Personal Data on this website is generally neither required by law nor by contract. You are not obligated to indicate any Personal Data on this website, except if we state this for individual cases in this data protection statement. Nevertheless, provision of the functions of this website and execution of an order will require processing of your Personal Data.
  3. You also have the right to complain to a data protection supervisory authority about processing of your Personal Data by us.

§ 3 Collection of Personal Data during a visit to our website

  1. If you use our website for information only, i.e. if you do not register or otherwise transmit any information to us, we will only collect the Personal Data your browser transmits to our server. If you want to view our website, we will collect the following data that we require technically in order to show you our website, administrate it and to ensure its stability and security. The legal basis for this processing shall be Article 6 para. 1 lit. f GDPR. The authorisation permits processing of Personal Data in the scope of "legitimate interest" of the controller, provided that your fundamental rights, fundamental freedoms or interests are not overriding. Our legitimate interest is in easier administration and the ability to recognise and prosecute hacking. You may object to his processing activities at any time if there are any reasons in your special situation that oppose processing activities. An email to the data protection officer is enough for this.

Automatically collected Personal Data:

  • Internet protocol address
  • Date and time of the query
  • Time zone difference from Greenwich Mean Time (GMT)
  • The search term if you come to our page via a search engine
  • Files that you have downloaded from our page (e.g. PDF or Word documents)
  • Content of the request (specific page)
  • Access status /HTTP-status code
  • The respective data volume transferred
  • Website sending the request
  • Browser
  • Operating system and its interface
  • Language and version of the browser software.

The server log files with the above data will be deleted automatically after 30 days. We reserve the right to store the server log files for longer if there are any facts that suggest that there has been an unauthorised access (such as attempted hacking or a DDOS attack).

  1. Furthermore, we use cookies in order to put individual queries you have transmitted to our website into a shared context. Cookies are small text files that are stored on your hard disc associated with the browser you use and through which the party that sets the cookie (we, in this case) will receive certain information. Cookies cannot execute any programs or transfer any viruses to your computer. They only serve to make the internet offer as a whole more user-compatible and effective. The legal basis for this processing shall be Article 6 para. 1 lit. f GDPR. The authorisation permits processing of Personal Data in the scope of "legitimate interest" of the controller, provided that your fundamental rights, fundamental freedoms or interests are not overriding. Our legitimate interest consists of analysis of use of our website.
  2. Use of cookies:
    1.  This website uses the following types of cookies, the scope and function of which are explained below:
      • Transiente Cookies (dazu b) 
      • Persistente Cookies (dazu c)
      • Third-Party-Cookies (dazu d).
    2. Transient cookies are automatically deleted when you close the browser. This in particular includes the session cookies. They store a session ID with which various queries of the browser can be assigned to a shared session. This makes it possible to recognise your computer when you return to our website. The session cookies will be deleted when you log out or close the browser.
    3. Persistent cookies are deleted automatically after a specified duration that may differ depending on cookie. You may delete the cookies in the safety settings of your browser at any time.
    4. You may configure your browser settings according to your wishes and, e.g., refuse the acceptance of third-party cookies (cookies of third-party providers, such as YouTube) or all cookies. Please note that you may not be able to use all functions of this website.
    5. Use of HTML5 storage objects can be prevented by using your browser in private mode. We also recommend regularly deleting your cookies and browser history manually.

§ 4 Objection to or withdrawal of processing of your data

  1. If you have consented to processing of your data, you can withdraw this consent at any time. This withdrawal will influence the admissibility of processing of your Personal Data after you have issued it towards us.
  2. As far as we base processing of your Personal Data on consideration of interests, you may object to processing. This is the case if processing in particular is not required for meeting a contract with you, which is presented by us in the following description of the functions. When exercising such an objection, please present the reasons why we should not process your Personal Data as performed by us. In case of your justified objection, we will review the situation and shall either cease processing activities or adjust it, or explain our mandatory grounds to be protected to you based on which we continue to process the data.

§ 5 Use of Piwik 

  1. This website uses the web analysis service Piwik in order to analyse use of our website and regularly improve it. The statistics acquired enable us to improve our offer and to make it more interesting for you as the user. The legal basis for using Piwik is Article 6 para. 1 lit. f GDPR. The authorisation permits processing of Personal Data in the scope of "legitimate interest" of the controller, provided that your fundamental rights, fundamental freedoms or interests are not overriding. Our legitimate interest consists of analysis of use of our website. You may object to his processing activities at any time if there are any reasons in your special situation that oppose processing activities. An email to the data protection officer is enough for this.
  2. For this evaluation, cookies (for more details, see § 3) are stored on your computer. The controller stores the information collected in this manner only on its server in the EU. The evaluation can be set by erasing existing cookies and preventing storage of cookies. If you prevent the storage of cookies, please note that you may be unable to fully use this website. You can prevent the storage of cookies by making the settings in your browser. You can prevent use of Piwik by removing the following check mark and thus activating the opt-out plug-in:

  3. This website uses Piwik in a partially anonymised form. This causes internet protocol addresses to be abbreviated before further processing; direct reference to a person can be prevented by this. The IP address transmitted by your browser by Piwik will not be combined with any other data collected by us. The person reference is directly removed by partially deleting the internet protocol addresses, so that only statistical data will be stored.

    The program Piwik is an open-source project. Information of the third-party provider for data protection can be found at http://piwik.org/privacy/policy.

§ 6 Use of Social-Media-Plug-ins

  1. We currently use the following Social-Media plug-ins: Facebook, Google+, Twitter, Xing, LinkedIn. With these plug-ins, we enable you to interact and communicate with the social media and other users, so that we can improve our offer and make it more interesting for you as a user. We use the two-click solution for this. This means that when you visit our page, personal data in principle will not be passed on to the providers of the plug-ins initially. The provider of the plug-in is indicated by the mark on the box above its first letter or the logo. 
    We enable you to communicate directly with the provider of the plug-in using the button. Only if you click the marked field and activate it this way will the plug-in provider be informed that you have called the corresponding website of our online offer. The data named in § 3 of this statement will be transmitted as well. Activation of the plug-in will therefore transmit personal data concerning you to the respective plug-in provider, where they will be stored (in the USA for US providers). Since the plug-in provider collects data in particular using cookies, we recommend that you delete all cookies via the safety settings of your browser.
  2. We cannot influence the collected data and processing activities, and we do not know the full scope of data collection, purpose of storage, storage periods. We also have no information on deletion of the data collected by the plug-in provider. Contact the providers of the social media to that extent. In light of this, we recommend reading the respective current data protection notes of the providers of the social media named above.
  3. Data will be transmitted independently of whether you have an account with the plug-in provider and are logged in there. If you are logged in with the plug-in provider, your data collected by us may be associated directly with your account with the plug-in provider. We recommend that you regularly log out after using a social network, in particular before activating the button, since this may prevent assignment to your profile with the plug-in provider.
  4. We do not store the data. Information on the storage duration and further information on the purpose and scope of data collection and processing by the plugin provider is available in the following data protection statements of these providers. It also contains further information on your rights to that extent and setting options for protecting your privacy.

Addresses of the respective plug-in providers and URL with their data protection notes:

§ 7 Integration of YouTube videos

  1. We have integrated YouTube videos into our online offer that are stored on http://www.YouTube.com and that can be played directly from our website in order to make our website offer attractive and informative. All of these are integrated in the "expanded data protection mode", i.e. so that no data concerning you as user will be transmitted to YouTube if you do not play the videos. Only when you play the videos the data named in paragraph 2 will be transmitted. We cannot influence this data transmission.
  2. By your visit to the website of YouTube or by playing the videos, YouTube will be informed that you have called the corresponding sub-page of our website. The data named in § 3 of this statement will be transmitted as well. This is done no matter if YouTube provides a user account through which you are logged in or whether you have no user account. If you are logged in to Google, your data will be associated with your account directly. If you do not wish assignment to your profile at YouTube, we recommend logging out before you activate the play button.
  3. We do not store the data. Information on the storage duration and further information on the purpose and scope of data collection and processing by YouTube is available in the following data protection statements of these providers. It also contains further information on your rights to that extent and setting options for protecting your privacy: https://www.google.de/intl/de/policies/privacy. Google also processes your personal data in the USA and has subjected itself to the EU-US-Privacy-Shield, https://www.privacyshield.gov/EU-US-Framework.

§ 8 Einbindung von Google Maps Karten

  1. Wir haben Google Maps in unserem Online-Angebot eingebunden, die auf https://www.google.de/maps gespeichert sind und von unserer Website aus direkt abspielbar sind, um das Website-Angebot attraktiv und informativ zu gestalten. Erst wenn Sie die Karten z.B. zur Berechnung der Route verwenden, werden die in Absatz 2 genannten Daten übertragen. Auf diese Datenübertragung haben wir keinen Einfluss.
     
  2. Durch den Besuch auf der Website erhält Google Maps die Information, dass Sie die entsprechende Unterseite unserer Website aufgerufen haben. Zudem werden die unter § 3 dieser Erklärung genannten Daten übermittelt. Dies erfolgt unabhängig davon, ob Google ein Nutzerkonto bereitstellt, über das Sie eingeloggt sind, oder ob kein Nutzerkonto besteht. Wenn Sie bei Google eingeloggt sind, werden Ihre Daten direkt Ihrem Konto zugeordnet. Wenn Sie die Zuordnung mit Ihrem Profil nicht wünschen, empfehlen wir, sich vor Anklicken der Google Maps ausloggen.
     
  3. Die Daten werden von uns nicht gespeichert. Informationen über die Speicherfrist sowie weitere Informationen zu Zweck und Umfang der Datenerhebung und ihrer Verarbeitung durch Google erhalten Sie in den im Folgenden mitgeteilten Datenschutzerklärungen des Anbieters. Dort erhalten Sie auch weitere Informationen zu Ihren diesbezüglichen Rechten und Einstellungsmöglichkeiten zum Schutze Ihrer Privatsphäre: https://www.google.de/intl/de/policies/privacy. Google verarbeitet Ihre personenbezogenen Daten auch in den USA und hat sich dem EU-US-Privacy-Shield unterworfen, https://www.privacyshield.gov/EU-US-Framework

§ 9 Links

The websites of Messer partially contain links or references to other websites. We review these direct links with the reasonable care. We are, however, not responsible for contents of website that we link to. We are also not responsible for the contents of website that refer to us.

§ 10 Questions and comments

We take data protection very seriously. If you have any questions or suggestions on data protection at Messer, you may email our data protection officer under the email address indicated in § 1.

We reserve adjusting and updating this data protection statement on demand. Updates of this data protection statement will be published on our website. Changes shall apply from the time of their publication on our website. We therefore recommend that you visit this page at regular intervals in order to learn about any updates that were made.

 

Version: 1.1
Bad Soden (Germany), 08.06.2018

 

- Status June 2018 -

Privacy Notice for Business Contacts, Business Partners and Customers as PDF.

Introduction 

This document serves to inform you as a business contact, business partner or customer of the Messer Group GmbH about the processing of your personal data.

Personal Data

Personal Data means any information that can be related to you as a natural person. This also includes information that can only be related to you indirectly, in particular by reference to an identifier such as a name, an identification Number, location data or an online identifier. A natural person is also considered to be identifiable if it can be identified on the basis of one or more factors specific to the physical, physiological, genetic, psychological, economic, and cultural or social identity of that natural person. 

  1. Scope of Application; Responsible entity for your data
    The Messer Group GmbH (herein after “Messer”) is responsible for the processing of your business contact information and contract-related data within the frame of the business relationship with your employer/your company.
  2. Contact details of the controller and the data protection officer

a) Contact details of the controller

Messer Group GmbH
Messer-Platz 1
65812 Bad Soden
Phone: +49 6196 7760-0
E-Mail: info@messergroup.com

b) Contact details of the data protection officer

The contact details of each data protection of Messer is:
Messer-Platz 1
65812 Bad Soden
Phone: +49 6196 7760-104
E-Mail: datenschutz.mg@messergroup.com

  1. Which Data is Messer Group GmbH processing?

In the normal course of business relationship and the contractual business, Messer Group GmbH will process the following types of personal information:

a) Business contact information

  • Name and surname, business telephone number, business e-mail address, business postal address;
  • Further information on your position in your company and activities with respect to Messer Group GmbH;
  • If necessary, Personal CRM information, such as information concerning your gender and date of birth;
  • Information needed for compliance and risk management, including quality assessments of the products and services of your employer / your company. 

This data is hereinafter referred to as “business contact data”.

b) Contract-related Data

  • Name, surname, date of birth, place of birth, address, telephone number, fax number, email address of business partners, customers and suppliers;
  • Personal data of natural persons in relation to orders of gases and other items or products;
  • Personal data as bank details, tax number, booking number, and other relevant data on invoices or accounting

This data is hereinafter referred to as “contract-related data”.

  1. What does Messer Group GmbH do with the Data? In the normal course of customer relationship and the contractual business, Messer Group GmbH will conduct the following processing activities (purpose):
  • Business contact data and contract-related data is processed in order to conclude, execute, fulfill and terminate B2C and B2B agreements with you as our business partner or with the entity you represent. This includes the contract processing in order to provide or supply gases, other items or products, including a working customer management.
  • Business contact data is stored in Messer Group GmbH’s CRM system and processed to establish and maintain a business relationship with you and your company;
  • Business contact data and contract-related data may be processed for the purposes of internal reporting;
  • Business contact data and contract-related data is processed within the frame of supplier management;
  • Business contact data and contract-related data is processed for the purpose of compliance and risk management, including quality assessments of the products and services of your company.
  1. General Information 

a) Your Rights
On request, you have the right to obtain information on your stored personal data.

Additionally, you have the right to obtain the rectification of inaccurate personal data, the right to obtain a restriction of excessively processing of personal data as well as the right to obtain the erasure of unlawfully processed personal data or data which is stored too long (as far as there are no legal obligations and no other reasons according to Art. 17 para. 3 GDPR to store the data). Furthermore, you have the right to receive your personal data, which you have provided to Messer Group GmbH in case you have provided your data to Messer Group GmbH within your consent or to fulfill a contract. The data will be given to you (or a third party you name), in a structured, commonly used and machine-readable format (right to data portability).

We also refer to your right to object the data processing (right of objection) in the section below b) (Processing of Business Contact Data).
In order to exercise your rights, you can write an e-mail to datenschutz.mg@messergroup.com.


b) General Information about the legal Basis of all listed Processes

  • Processing of Business Contact Data
    The processing of your business contact data by Messer Group GmbH is based on Art. 6 para. 1 lit. (f) GDPR. According to Art. 6 para 1 lit. (f) GDPR the processing of personal data is lawful if the processing is necessary for the purpose of the legitimate interests pursued by Messer Group GmbH, except where such interests are overridden by your interests or fundamental rights and freedoms which require protection of personal data. Messer Group GmbH's legitimate interest consists in the use and maintenance of the contact details of contractual partners or potential future partners.
    You can object to this data processing for marketing purposes at any time without giving any reason.Furthermore, you can generally object to this data if there are reasons which exist in your particular situation and which speak against the data processing. In order to do so you can write an e-mail to the data protection officer.
  • Processing of Contract-related DataThe processing of contract-related data by Messer Group GmbH is based on Art. 6 para. 1 lit. (b) GDPR. According to Art. 6 para. 1 lit. (b) GDPR the processing of personal data is lawful if the processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract. Messer Group GmbH processes contract related data to execute a contract with their customers to supply and provide gases, other items or products, including related customers and service performances.

 

c) General Information about Messer Information Services as a recipient of data

The IT-systems with which your data is processed are hosted by the Messer Information Services GmbH (“MIS”). In this context, MIS does only carry out data processing activities on behalf and according to the instructions of Messer Group GmbH.

d) General Information about Storage Period 

Data of business contacts and contract-related data is generally only deleted if you object to the further processing.

All personal data of business contacts, business partners and customers that was processed within the frame of the conclusion and the execution of an agreement is stored according to the applicable national storage regulations (especially tax- and commercial law) for a period of up to 10 years.


e) Information according to Art. 13 para. 2 lit. e GDPR:The business contact data and contract-related data is necessary to enter into and execute a contract/a business relationship. You are not obliged to provide your personal data. There are no consequences, if you fail to provide your personal data. However, using your personal data as the contact person of your company facilitates the business relationship between Messer Group GmbH and your company respectively your employer.