Privacy Policy/GDPR

of the theHUD Agency & Distribution GmbH

We are very pleased about your interest in our company.

Data protection is a particularly high priority for the management of theHUD GmbH. The use of the websites of theHUD GmbH is generally possible without any indication of personal data. However, if a data subject wishes to use special services of our company via our website, processing of personal data may be necessary. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the data subject.

As the controller, theHUD GmbH has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed via this website. Nevertheless, Internet-based data transmissions can generally have security gaps, so that absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us by alternative means, for example by telephone.

1. Who is responsible for data processing and who can I contact?

theHUD Agency & Distribution GmbH

Managing Director: Horst Brandes | Uwe Noll

Deisterstr. 17a

30449 Hanover

Phone: +49 (0)511 543584-20

Fax: + 49 (0)511 5435842-49

E-mail: geschäftsführung-MD@thehud.de

2. What sources and data do we use?

We process personal data that we receive from our customers. In addition, we process – to the extent necessary for the provision of our services – personal data that we have received from other companies, e.g. Amazon.com, and from other third parties (e.g. for the execution of orders, orders, deliveries, etc.). On the other hand, we process personal data that we have lawfully obtained from publicly accessible sources (e.g. Internet, press, media, telephone directories) and are allowed to process.

Relevant personal data when opening a customer account can be:

Surname, first name, gender, title, address/other contact details (telephone, e-mail address, fax number), different delivery address, tax ID.

We take this data from the new customer form filled out and signed by our customers. After the systemic recording of this data in our IT, the password is activated for protected access to our Web Info System and B2B Shop www.thehud.de.

With the activation of the customer account and thus in the course of the business relationship, further personal data may be collected, processed and stored in addition to the aforementioned data. These essentially include:

Account and payment transactions (incl. online banking)

Order data (e.g. payment orders), data from the fulfilment of our contractual obligations (e.g. payment transaction data). Written invoices, payment methods, payment methods, notes on payment practices are stored in the customer accounts.

Customer Contact Information

In the course of the business initiation phase and during the business relationship, in particular through personal, telephone or written contacts, initiated by the customer or theHUD GmbH, further personal data is created, e.g. information about the contact channel, date, occasion and result, (electronic) copies of correspondence.

3. What do we process your data for (purpose of processing) and on what legal basis

We process the aforementioned personal data in accordance with the provisions of the EU General Data Protection Regulation (GDPR):

a. To fulfil contractual obligations (Art. 6, para. 1 b GDPR)

The processing of personal data is carried out for the purpose of carrying out business within the framework of the execution of orders with our customers, which are carried out at your request.

The purposes of data processing are primarily based on the customer's desired service and may include, among other things, needs analyses, advice and the execution of orders that are carried out at your request.

b. In the context of the balancing of interests (Art. 6 para. 1 f GDPR)

If necessary, we process your data beyond the actual performance of the contract to protect the legitimate interests of us or third parties. Examples:

- Consultation of and exchange of data with credit agencies (e.g. Creditreform) to determine creditworthiness and default risks and commission and collect bad debts.

- Customer acquisition on the Internet through search engines.

- Clarifications regarding overpayments and underpayments as well as open invoice amounts.

- Advertising, as long as you have not objected to the use of your data.

- Assertion of legal claims and defence in legal disputes (e.g. Creditreform, lawyer, police, court, etc.).

- Ensuring the IT security of theHUD GmbH

- Measures for the further development of products (through customer requests).

c. On the basis of legal requirements (Art. 6 para. 1 c GDPR) or in the public interest (Art. 6 para. 1 e GDPR)

In addition, as a company, we are subject to various legal requirements (e.g. data archiving for the tax office for a financial tax audit).

4. Who gets my data?

Within theHUD GmbH, access to your data is granted to those entities that need it to fulfil our contractual and legal obligations. Service providers and vicarious agents used by us may also receive data for these purposes if they comply with our written data protection instructions. We may only pass on information about you if this is required by law, if you have consented and if processors commissioned by us guarantee compliance with the requirements of the EU General Data Protection Regulation. Under these conditions, recipients of personal data can be, for example:

- Public bodies and institutions (tax authorities, Federal Central Tax Office) in the event of a legal or official obligation.

- The tax advisor commissioned by theHUD GmbH.

- Credit and financial services institutions, processors to whom we transfer personal data in order to carry out the business relationship with you. In detail: External support/maintenance/storage of EDP/IT applications/data, payment transactions, external logistics companies, parcel tracking.

5. Is data transferred to a third country or to an international organization?

Data will only be transferred to countries outside the EU or the EEA (so-called third countries) if this is necessary for the execution of your orders (e.g. delivery and payment to/from abroad), if it is required by law (e.g. reporting obligations under tax law), if you have given us your consent.

How long will my data be stored?

We process and store your personal data for as long as it is necessary for the fulfilment of our contractual and legal obligations. If the purpose of storage ceases to apply or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.

6. What data protection rights do I have?

Rights of the data subject

a) Right to confirmation

Every data subject has the right granted by the European legislator to obtain confirmation from the controller as to whether personal data concerning him or her is being processed. If a data subject wishes to exercise this right of confirmation, he or she may contact an employee of the controller at any time.

b) Right to information

Every person affected by the processing of personal data has the right, granted by the European legislature to obtain information about the personal data stored about him or her and a copy of this information from the controller at any time, free of charge. In addition, the European legislator has granted the data subject information on the following information:

the purposes of processing
the categories of personal data that are processed
the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular in the case of recipients in third countries or international organisations
if possible, the envisaged period for which the personal data will be stored or, if this is not possible, the criteria for determining this duration
the existence of a right to rectification or erasure of personal data concerning them or to restriction of processing by the controller or a right to object to such processing;
the existence of a right of appeal to a supervisory authority
if the personal data is not collected from the data subject: all available information about the origin of the data
the existence of automated decision-making, including profiling, in accordance with Article 22 (1) and (4) of the GDPR and, at least in these cases, meaningful information about the logic involved as well as the scope and intended effects of such processing for the data subject

In addition, the data subject has the right to know whether personal data has been transferred to a third country or to an international organisation. If this is the case, the data subject shall also have the right to obtain information on the appropriate safeguards in connection with the transfer.

If a data subject wishes to exercise this right of access, he or she may contact an employee of the controller at any time.

c) Right to rectification

Every person affected by the processing of personal data has the right granted by the European legislator to request the rectification of inaccurate personal data concerning him or her without undue delay. Furthermore, the data subject has the right to request the completion of incomplete personal data, including by means of a supplementary statement, taking into account the purposes of the processing.

If a data subject wishes to exercise this right of rectification, he or she may contact an employee of the controller at any time.

d) Right to erasure (right to be forgotten)

Every data subject to the processing of personal data has the right, granted by the European legislator for directives and regulations, 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 in so far as the processing is not necessary:

The personal data has been collected or otherwise processed for purposes for which it is no longer necessary.
The data subject withdraws his or her consent on which the processing was based pursuant to Art. 6 (1) (a) GDPR or Art. 9 (2) (a) GDPR and there is no other legal basis for the processing.
The data subject objects to the processing in accordance with Art. 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing in accordance with Art. 21 (2) GDPR.
The personal data has been processed unlawfully.
The erasure of the personal data is necessary for compliance with a legal obligation under Union law or the law of the Member States to which the controller is subject.
The personal data was collected in relation to information society services offered in accordance with Art. 8 para. 1 GDPR.

If one of the above reasons applies and a data subject wishes to request the deletion of personal data stored by theHUD GmbH, he or she may contact an employee of the controller at any time. The employee of theHUD GmbH will arrange for the deletion request to be complied with immediately.

If the personal data has been made public by theHUD GmbH and our company as the controller is obliged to delete the personal data in accordance with Art. 17 para. 1 GDPR, theHUD GmbH shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, in order to inform other data controllers who process the published personal data, inform the data subject that the data subject has requested from those other data controllers the deletion of all links to, or copies or replications of, such personal data, to the extent that the processing is not necessary. The TheHUD GmbH employee will take the necessary steps in individual cases.

e) Right to restriction of processing

Every data subject to the processing of personal data has the right, granted by the European legislator for directives and regulations, to obtain from the controller the restriction of processing if one of the following conditions applies:

The accuracy of the personal data is contested by the data subject for a period of time that allows the controller to verify the accuracy of the personal data.
The processing is unlawful, the data subject opposes the erasure of the personal data and instead requests the restriction of the use of the personal data.
The controller no longer needs the personal data for the purposes of the processing, but the data subject needs it for the establishment, exercise or defence of legal claims.
The data subject has objected to the processing pursuant to Art. 21 (1) GDPR and it is not yet clear whether the legitimate reasons of the controller outweigh those of the data subject.

If one of the above conditions is met and a data subject wishes to request the restriction of personal data stored by theHUD GmbH, he or she may contact an employee of the controller at any time. The employee of theHUD GmbH will initiate the restriction of processing.

f) Right to data portability

Every person affected by the processing of personal data has the right granted by the European legislator to receive the personal data concerning him or her, which have been provided by the data subject to a controller, in a structured, commonly used and machine-readable format. It also has the right to transmit these data to another controller without hindrance from the controller to whom the personal data has been provided, provided that the processing is based on consent pursuant to Article 6(1)(a) of the GDPR or Article 9(2)(a) of the GDPR or on a contract pursuant to Article 6(1)(b) 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.

Furthermore, when exercising his or her right to data portability pursuant to Art. 20 (1) GDPR, the data subject has the right to obtain that the personal data be transferred directly from one controller to another controller, insofar as this is technically feasible and provided that the rights and freedoms of other persons are not adversely affected.

To assert the right to data portability, the data subject can contact an employee of theHUD GmbH at any time.

g) Right to object

Every person affected by the processing of personal data has the right granted by the European legislature to object, on grounds relating to his or her particular situation, at any time to the processing of personal data concerning him or her on the basis of Article 6(1)(e) or (f) of the GDPR. This also applies to profiling based on these provisions.

In the event of an objection, theHUD GmbH will no longer process the personal data unless we can demonstrate compelling legitimate grounds for the processing that override the interests, rights and freedoms of the data subject, or the processing serves to establish, exercise or defend legal claims.

Where theHUD GmbH processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This also applies to profiling, insofar as it is related to such direct advertising. If the data subject objects to theHUD GmbH to the processing for direct marketing purposes, theHUD GmbH will no longer process the personal data for these purposes.

In addition, the data subject has the right to object, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her that is carried out by theHUD GmbH for scientific or historical research purposes or for statistical purposes pursuant to Art. 89 (1) GDPR, unless such processing is necessary for the performance of a task carried out in the public interest.

To exercise the right to object, the data subject may contact any employee of theHUD GmbH or any other employee directly. The data subject is also free to exercise his or her right to object to the use of information society services by means of automated procedures using technical specifications, notwithstanding Directive 2002/58/EC.

h) Automated decision-making on a case-by-case basis, including profiling

Every data subject to the processing of personal data has the right, granted by the European legislature, 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/her, provided that the decision (1) does not apply to the conclusion or performance of a contract between the data subject person and the controller, or (2) is permitted by Union or Member State law to which the controller is subject, and that legislation contains appropriate measures to safeguard the rights and freedoms and legitimate interests of the data subject, or (3) is given with the explicit consent of the data subject.

If the decision (1) is necessary for the conclusion or performance of a contract between the data subject and the controller, or (2) it is made with the explicit consent of the data subject, theHUD GmbH shall take appropriate measures to safeguard the rights and freedoms as well as the legitimate interests of the data subject, including at least the right to obtain the intervention of a person from the controller, to present its own position and to contest the decision.

If the data subject wishes to exercise rights relating to automated decision-making, he or she may contact an employee of the controller at any time.

i) Right to revoke consent under data protection law

Every person affected by the processing of personal data has the right granted by the European legislator to withdraw consent to the processing of personal data at any time.

If the data subject wishes to exercise his or her right to withdraw consent, he or she may contact the controller at any time.

Links to other websites

This website contains links to other websites (so-called external links).

As a provider, theHUD GmbH is responsible for its own content in accordance with the applicable European and national legislation. A distinction must be made between this own content and links to content provided by other providers. We have no influence on whether the operators of other websites comply with the applicable European and national legal provisions. Please refer to the privacy policy provided on the respective website. TheHUD GmbH assumes no responsibility for third-party content that is provided for use via links and is specially marked and does not adopt its content as its own. The provider of the website to which reference was made is solely liable for illegal, incorrect or incomplete content as well as for damage caused by the use or non-use of the information.

7. Use of cookies

Cookies are text files that are stored in the Internet browser or by the Internet browser on the user's computer system. When a user visits a website, a cookie may be stored on the user's operating system. This cookie contains a characteristic string of characters that allows the browser to be uniquely identified when you return to the website.

Our website only uses cookies that are technically necessary for the operation of our website. We use cookies to make our website more user-friendly. Some elements of our website require that the accessing browser can be identified even after a page has changed.

The user can prevent the setting of cookies by our website at any time by means of a corresponding setting of the Internet browser used and thus permanently object to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via an Internet browser or other software programs. This is possible in all common Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be fully usable.

8. Is there an obligation for me to provide data?

As part of our business relationship, you must provide the personal data that is necessary for the establishment and implementation of a business relationship and the fulfilment of the associated contractual obligations or that we are legally obliged to collect. Without this data, we will usually have to refuse to conclude the contract or execute the order, or we will no longer be able to perform an existing contract and, if necessary, terminate it.

Information about your right to object in accordance with Article 21 of the EU General Data Protection Regulation (GDPR)

1. Case-by-case right of objection

You have the right to object at any time, on grounds relating to your particular situation, to the processing of the personal data in question, which is carried out on the basis of Article 6 (1) (e) GDPR (data processing in the public interest) and Article 6 (1) (f) GDPR (data processing on the basis of a balancing of interests).

If you object, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing that outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.

2. Right to object to processing of data for advertising purposes

In individual cases, we process your personal data for the purpose of direct marketing (unsolicited sending of new product/price information). You have the right to object in writing at any time to the processing of personal data concerning you for the purpose of such advertising.

If you object to processing for direct marketing purposes, we will no longer process your personal data for these purposes and will mark your customer account so that you no longer receive advertising from us.

The objection should be made in writing (letter, fax or e-mail) and should be addressed to theHUD Agency & Distribution GmbH, Deisterstr. 17a, 30449 Hannover, Fax: + 49 (0)511 5435842- 49, E-Mail: info@thehud.de .

Objection to advertising e-mails

The use of contact details published in the context of the imprint obligation for the sending of unsolicited advertising and information material is hereby contradicted. The operators of the pages expressly reserve the right to take legal action in the event of the unsolicited sending of advertising information, for example by spam e-mails.

Name and address of the controller

The controller within the meaning of the General Data Protection Regulation, other data protection laws applicable in the member states of the European Union and other provisions of a data protection nature is: