Data Protection Declaration / Disclaimer


1. Limitation of Liability

The contents of our website are created with the greatest possible care. However, we assume no liability for the accuracy, completeness and actuality of the content provided. The use of the contents of our website is at your own risk. We exclude any liability for damages arising directly or indirectly from the use of our website, unless such damages are based on intentional action or gross negligence and unless damages are caused based on injury to life, limb or health. Contributions designated by name reflect the opinion of the respective author and not always our opinion. The mere use of our website does not constitute a contractual relationship between you and us.


2. External Links

Our website contains links to third-party websites (“external links”). These websites are subject to the liability of the respective operators. When the external links were first linked to our website, we checked the external content for possible rights infringements. At that time, no rights infringements were evident. We have no influence whatsoever over the current and future design or content of the linked sites. The inclusion of external links does not mean that we endorse the content behind the reference or link. We cannot reasonably be expected to constantly monitor external links without concrete indications of rights violations. However, if we become aware of any rights violations, such external links shall be deleted immediately.


3. Copyrights and Ancillary Copyrights

The contents published on this website are subject to German copyright and ancillary copyright laws. Any use not permitted by German copyright and ancillary copyright law shall require our prior written consent or that of the respective rights holder. This applies in particular to reproduction, editing, translation, storage, processing or rendition of content in databases or other electronic media and systems. Contents and rights of third parties shall be designated as such. The unauthorized reproduction or disclosure of specific content or complete pages shall not be permitted and shall be subject to prosecution. Only the production of copies and downloads for personal, private and non-commercial use is permitted. The presentation of this website in external frames shall only be allowed with written permission.


4. Data Protection Declaration

We are the controller within the terms of the General Data Protection Regulation (GDPR), other data protection laws applicable in the member states of the European Union and other provisions relating to data protection. We are:

Xell AG
Alte Verler Strasse 1
33689 Bielefeld
Germany
Phone.: +49 521 / 96989-200
E-Mail: info@xell.ag
www.xell.ag

You can also contact our data protection officer at the above address.
The protection of your personal data is very important to us. The use of our website is generally possible without providing personal data. When using our services, you may be asked to provide personal data, e.g. in connection with a questionnaire and our contact form. Answering the questions asked and providing information is voluntary. Your personal information and all personal data will of course be stored and processed in accordance with the provisions of data protection law.


If you use the opportunity to register on our website and/or in our Webshop by entering personal data, the data (name, address, contact data, tax ID number) will be transmitted to us in the respective input mask. The data are stored by us exclusively for the purpose of internal use. During registration, your IP address as well as the date and time of registration will be saved in addition to the data you have entered. This serves to prevent misuse of the services. The data will not be disclosed to third parties. An exception is when there is a legal obligation to disclose data. The registration of your data is required for the provision of content or services. Registered persons have the possibility to have the stored data deleted or changed at any time. The data subject shall receive information about the personal data stored about him/her at any time.


There is a contact form on our website which can be used for electronic contact. Alternatively, it is possible to contact us via the provided e-mail address. If you contact us via one of these channels, your transmitted personal data will be automatically stored. The storage serves solely for the purpose of processing your inquiry and/or contacting you. The data will not be disclosed to third parties.


There is also a newsletter sign-up form on our website and we will use the information you provide on that form to contact you and to provide company news, updates and marketing. By your subscription to our newsletter you acknowledge and agree that the information you provide will be transferred to MailChimp for processing in accordance with their privacy policy and terms. You can change your mind at any time by clicking the unsubscribe link in the footer of any newsletter you receive from us, or by contacting us at info@xell.ag.


The personal data collected within the scope of our website will be used exclusively for the purpose of contract execution and for processing your enquiries. Of course, we will not use your data for advertising, market research or opinion polling without your consent. Furthermore, your data will not be disclosed to third parties without your consent. We will only process and store your personal data for as long as this is necessary to achieve the storage purpose. Moreover, data may be stored insofar as this has been provided for by European or national legislators in Union regulations, laws or other directives to which we are subject. As soon as the purpose of storage ceases to apply or a retention period prescribed by the aforementioned regulations expires, the personal data are routinely blocked or deleted.


You can ask us to confirm whether we process personal data concerning you. If such processing occurs, you can request information from us on the following questions:

  • purposes for which the personal data are processed;
  • categories of personal data that are processed;
  • recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;
  • the planned duration of the storage of the personal data relating to you or, if specific information is not possible, criteria for determining the storage period;
  • existence of a right to correct or delete the personal data relating to you, a right to restrict the processing by ourselves or a right to oppose such processing;
  • the existence of a right of appeal to a supervisory authority;
  • all available information on the origin of the data if the personal data are not collected from the data subject;
  • the existence of automated decision-making, including profiling, in accordance with Article 22, Paragraphs 1 and 4 GDPR and, at least in these cases, meaningful information on the logic involved as well as the scope and intended effects of such processing for you.


Furthermore, you shall have the right to request information about whether the personal data concerning you are transmitted to a third country or to an international organization. In this context, you may request to be informed of the appropriate guarantees pursuant to Article 46 GDPR in connection with the transmission.


You have a right vis-à-vis ourselves to correction and/or completion of your personal data, if the processed personal data concerning you are incorrect or incomplete. We must make the correction without delay.


Under the following prerequisites, you may request that the processing of your personal data be restricted if:

  • you dispute the accuracy of the personal data concerning you for a period of time that allows us to verify the accuracy of the personal data;
  • the processing is unlawful and you refuse to delete the personal data and instead demand the restriction of the use of the personal data;
  • we no longer need the personal data for the purposes of processing, but you need them to assert, exercise or defend legal claims; or
  • if you have lodged an objection against the processing in accordance with Article 21(1) of the GDPR and it is not yet clear whether our legitimate grounds outweigh your grounds.


If the processing of personal data relating to you has been restricted, such data may only be processed, except for their storage, with your consent or for the purpose of asserting, exercising or defending legal claims or protecting the rights of another natural or legal person, or for reasons of an important public interest of the Union or of a Member State.


If the restriction on processing has been restricted in accordance with the above-mentioned prerequisites, you shall be informed by us before the restriction is lifted.


You may request that we delete the personal data concerning you without delay and we shall be obliged to delete such data immediately if one of the following grounds applies:

  • Personal data relating to you are no longer necessary for the purposes for which they were collected or otherwise processed.
  • You have revoked your consent to the processing in accordance with Articles 6(1)a or 9(2)a GDPR and there is no other legal basis for the processing.
  • You lodge an objection against the processing pursuant to Article 21(1) GDPR and there are no compelling legitimate grounds for the processing or you lodge an objection to the processing pursuant to Article 21(2) GDPR.
  • The personal data concerning you have been processed unlawfully.
  • Deletion of personal data relating to you is necessary in order to fulfill a legal obligation under Union law or the law of the member states to which the controller is subject.
  • The personal data concerning you have been collected in relation to the information society services offered pursuant to Article 8(1) of the GDP.


If we have made the personal data concerning you public and if we are obliged to delete them in accordance with Article 17(1) GDPR, we shall take appropriate measures, taking into account the available technology and the implementation costs, also of a technical nature, in order to inform the controller who processes the personal data that you, as the data subject, have requested that the controller delete all links to these personal data or from copies or replicas of these personal data.


The right to deletion shall not exist if the processing is necessary:

  • to exercise the right to freedom of expression and information;
  • to fulfill a legal obligation requiring processing to be carried out in accordance with the law of the Union or of the member states to which the controller is subject, or to perform a task which is in the public interest or in the exercise of the official authority conferred to the controller;
  • for reasons of public health in accordance with Article 9(2) lit. h and i and Article 9(3) GDPR;
  • for archiving purposes in the public interest, scientific or historical research or for statistical purposes in accordance with Article 89(1) GDPR, insofar as the law referred to in Paragraph 1 is likely to make it impossible or seriously impair the achievement of the objectives of this processing; or
  • to assert, exercise or defend legal claims.


If you have the right vis-à-vis ourselves to correct, delete or restrict the processing of your personal data, we shall be 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 of the processing, unless this proves to be impossible or involves disproportionate effort. You shall have the right to be informed of these recipients.
You have the right to receive the personal data relating to you that have been provided to us in a structured, current and machine-readable format. In addition, you have the right to transmit these data, without interference from us, to another controller to whom the personal data have been provided, if:

  • the processing is based on a consent pursuant to Article 6(1)a or 9(2)a GDPR or on a contract pursuant to Art. 6(1)b GDPR and
  • the processing is undertaken using automated procedures.


In exercising this right, you shall further have the right to affect that the personal data concerning you are transmitted directly by one controller to another, as far as this is technically feasible. Freedoms and rights of other persons may not be prejudiced thereby.


You have the right to object at any time, for reasons arising from your particular situation, to the processing of personal data concerning you, which is carried out on the basis of Article 6(1) lit. e or f GDPR; this shall also apply to profiling based on these provisions. In this case, we will no longer process the personal data concerning you, unless we can document compelling reasons worthy of protection for the processing that outweigh your interests, rights and freedoms, or the processing serves the purpose of asserting, exercising or defending legal claims.


If the personal data concerning you are processed in order to carry out direct advertising, you have the right to object at any time to the processing of the personal data concerning you for the purpose of such advertising; this shall also apply to profiling, insofar as it is associated with such direct advertising. If you object to the processing for the purposes of direct advertising, the personal data concerning you will no longer be processed for these purposes.


Without prejudice to Directive 2002/58/EC, you have the possibility to exercise your right of opposition to the use of information society services by means of automated procedures using technical specifications.


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


Furthermore, you are entitled not to be subjected to a decision based solely on automated processing (including profiling) that has legal effect on you or significantly impairs you in a similar manner. This shall not apply if the decision:

a)    is necessary for the conclusion or performance of a contract between you and the controller;

b)    is permissible based on the legal regulations of the Union or the member states to which the controller is subject and such legal regulations contain appropriate measures to safeguard your rights, freedoms and legitimate interests; or
c)    is made with your express consent.

However, the above-mentioned decisions may not be based on special categories of personal data in accordance with Article 9(1) GDPR, unless Article 9(2) lit. a or g applies and appropriate measures have been taken to protect the rights and freedoms as well as your legitimate interests. With regard to the cases mentioned in lit. a and c above, we shall take appropriate measures to protect the rights and freedoms as well as your legitimate interests, including at least the right to have human intervention by the controller, to explain your point of view and to challenge the decision.


Without prejudice to any other administrative or judicial remedy, you have the right to appeal to a supervisory authority, in particular in the member state of your place of residence, your workplace or the place where you believe the processing of the personal data relating to you infringes the GDPR. The supervisory authority to which the complaint has been lodged shall inform you of the status and results of the complaint, including the possibility of a judicial remedy in accordance with Article 78 GDPR.


Insofar as we obtain your consent for the processing of personal data, Article 6(1)a of the EU General Data Protection Regulation (GDPR) shall serve as the legal basis.


Article 6(1)b GDPR serves as the legal basis for the processing of the personal data necessary for the performance of a contract to which the data subject is a party. This also applies to processing operations necessary for the implementation of pre-contractual measures. Insofar as the processing of personal data is required to fulfil a legal obligation to which our company is subject, Article 6(1)c GDPR shall serve as the legal basis. In the event vital interests of your person or any other natural person require the processing of personal data, Article 6(1)d GDPR shall serve as the legal basis. If the processing is necessary in order to safeguard a legitimate interest of our company or a third party and if the interests, basic rights and fundamental freedoms of your person do not outweigh the first-mentioned interest, Article 6(1)f GDPR shall serve as the legal basis for the processing. The legitimate interest of our company is to carry out our business activities.


Personal data is stored for the duration of the retention period stipulated by law. After expiry of this period, the data will be routinely deleted unless needed for the origination or fulfilment of the contract.


We use “cookies.” These are small text files that are temporarily stored on your computer during your visit to our website and are kept for retrieval. Cookies support the functionalities of our website. They are only stored temporarily for the duration of your use of our website and are automatically deleted after leaving the browser. They do not contain any personal information and cannot be used to identify individual users. You can determine whether cookies can be set and retrieved at all using the settings in your browser. You can completely deactivate or partially restrict the storage of cookies there. We would like to point out that the deactivation of cookies can limit the scope of our website’s performance.


We use Google Analytics, a web analysis service provided by Google Inc. (“Google”), on our website. Google Analytics uses “cookies,” which are text files placed on your computer, to help analyze your use of the website. The information generated by the cookie about your use of this website is usually transferred to a Google server in the United States and stored there. However, if you opt-in to the IP anonymization on this site, your IP address will be truncated by Google from time to time within the member states of the European Union or other treaty states to the Agreement on the European Economic Area. Only in exceptional cases is the full IP address transferred to a Google server in the US and shortened there. Google uses this information on our behalf to evaluate your use of the website, to compile reports on website activity and to provide us with other services related to website and internet use. The IP address transmitted by your browser within the framework of Google Analytics is not merged with other data by Google. You may prevent the use of cookies by selecting the appropriate settings on your browser. Please note, however, that if you do this you may not be able to use the full functionality of our website. You can also prevent Google from collecting the data generated by the cookie relating to your use of our Internet pages (including your IP address) and from processing this data by downloading and installing the browser plug-in available under the following link (http://tools.google.com/dlpage/gaoptout?hl=en).