Privacy policy

1. Privacy at a glance

General information

The following information provides a simple overview of what happens to your personal data when you visit this website. Personal data is any data by which you can be personally identified. Detailed information on data protection can be found in our privacy policy below.

Data collection on this website

Who is responsible for data collection on this website?

Data processing on this website is carried out by the website operator. You can find their contact details in the section "Information on the controller" in this privacy policy.

How do we collect your data?

On the one hand, your data is collected when you provide it to us. This may be, for example, data that you enter in a contact form.

Other data is collected automatically or with your consent by our IT systems when you visit the website. This is mainly technical data (e.g. web browser, operating system or time of page access). This data is collected automatically as soon as you enter this website.

What do we use your data for?

Part of the data is collected to ensure that the website is provided without errors. Other data may be used to analyse your user behaviour. If contracts can be concluded or initiated via the website, the data transmitted is also processed for contract offers, orders or other enquiries.

What rights do you have regarding your data?

You have the right at any time to receive information free of charge about the origin, recipient and purpose of your stored personal data. You also have the right to request the correction or deletion of this data. If you have given consent to data processing, you can revoke this consent at any time for the future. You also have the right to request the restriction of the processing of your personal data under certain circumstances. Furthermore, you have the right to lodge a complaint with the competent supervisory authority.

You can contact us at any time about this and any other questions on the subject of data protection.

2. Hosting

We host the content of our website with the following provider:

External hosting

This website is hosted externally. The personal data collected on this website is stored on the servers of the host(s). This may include IP addresses, contact requests, meta and communication data, contract data, contact details, names, website access and other data generated via a website.

External hosting is carried out for the purpose of fulfilling contracts with our potential and existing customers (Art. 6 (1) (b) GDPR) and in the interest of a secure, fast and efficient provision of our online offer by a professional provider (Art. 6 (1) (f) GDPR). If consent has been requested, processing is carried out exclusively on the basis of Art. 6 (1) (a) GDPR and § 25 (1) TDDDG, insofar as the consent includes the storage of cookies or access to information in the user's terminal device (e.g. device fingerprinting) within the meaning of the TDDDG. Consent can be revoked at any time.

Our host(s) will only process your data to the extent necessary to fulfil their service obligations and will follow our instructions with regard to this data.

We use the following host:

Cloudflare, Inc.
101 Townsend St.
San Francisco, CA 94107, USA

Data processing agreement

We have concluded a data processing agreement (DPA) for the use of the above service. This is a contract required by data protection law which ensures that the provider processes the personal data of our website visitors only in accordance with our instructions and in compliance with the GDPR.

3. General information and mandatory information

Data protection

The operators of these pages take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and this privacy policy.

When you use this website, various personal data is collected. Personal data is data by which you can be personally identified. This privacy policy explains what data we collect and what we use it for. It also explains how and for what purpose this is done.

Please note that data transmission over the internet (e.g. when communicating by email) may have security gaps. Complete protection of data against access by third parties is not possible.

Information on the controller

The controller responsible for data processing on this website is:

Gerhard Behmüller
GE.BE.MA Maschinenvertrieb und -Vermittlung
Rötelfeld 2
89584 Ehingen
Germany

Phone: +49 (7392) 163896
Email: info@gebema.de

The controller is the natural or legal person who alone or jointly with others decides on the purposes and means of processing personal data (e.g. names, email addresses, etc.).

Storage period

Unless a more specific storage period is stated in this privacy policy, your personal data will remain with us until the purpose for the data processing no longer applies. If you assert a justified request for deletion or revoke your consent to data processing, your data will be deleted unless we have other legally permissible reasons for storing your personal data (e.g. retention periods under tax or commercial law); in the latter case, deletion takes place after these reasons no longer apply.

General information on the legal basis for data processing on this website

If you have consented to data processing, we process your personal data on the basis of Art. 6 (1) (a) GDPR or Art. 9 (2) (a) GDPR if special categories of data are processed in accordance with Art. 9 (1) GDPR. In the case of express consent to the transfer of personal data to third countries, data processing is also based on Art. 49 (1) (a) GDPR. If you have consented to the storage of cookies or to access to information on your terminal device (e.g. via device fingerprinting), data processing is additionally carried out on the basis of § 25 (1) TDDDG. Consent can be revoked at any time. If your data is required to fulfil a contract or to carry out pre-contractual measures, we process your data on the basis of Art. 6 (1) (b) GDPR. Furthermore, we process your data if this is necessary to fulfil a legal obligation on the basis of Art. 6 (1) (c) GDPR. Data processing may also be carried out on the basis of our legitimate interest pursuant to Art. 6 (1) (f) GDPR. The relevant legal bases in each individual case are explained in the following paragraphs of this privacy policy.

Recipients of personal data

In the course of our business activities, we work with various external parties. In some cases, this also requires the transfer of personal data to these external parties. We only pass on personal data to external parties if this is necessary to fulfil a contract, if we are legally obliged to do so (e.g. passing on data to tax authorities), if we have a legitimate interest in the transfer pursuant to Art. 6 (1) (f) GDPR, or if another legal basis permits the transfer of data. When using processors, we only pass on our customers' personal data on the basis of a valid data processing agreement. In the case of joint processing, a joint processing agreement is concluded.

Revocation of your consent to data processing

Many data processing operations are only possible with your express consent. You can revoke consent you have already given at any time. The lawfulness of the data processing carried out until the revocation remains unaffected by the revocation.

Right to object to data collection in special cases and to direct marketing (Art. 21 GDPR)

IF DATA PROCESSING IS BASED ON ART. 6 (1) (E) OR (F) GDPR, YOU HAVE THE RIGHT AT ANY TIME TO OBJECT TO THE PROCESSING OF YOUR PERSONAL DATA FOR REASONS ARISING FROM YOUR PARTICULAR SITUATION; THIS ALSO APPLIES TO PROFILING BASED ON THESE PROVISIONS. THE RESPECTIVE LEGAL BASIS ON WHICH PROCESSING IS BASED CAN BE FOUND IN THIS PRIVACY POLICY. IF YOU OBJECT, WE WILL NO LONGER PROCESS YOUR PERSONAL DATA CONCERNED UNLESS WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING THAT OVERRIDE YOUR INTERESTS, RIGHTS AND FREEDOMS, OR THE PROCESSING SERVES THE ESTABLISHMENT, EXERCISE OR DEFENCE OF LEGAL CLAIMS (OBJECTION PURSUANT TO ART. 21 (1) GDPR).

IF YOUR PERSONAL DATA IS PROCESSED FOR THE PURPOSE OF DIRECT MARKETING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF PERSONAL DATA CONCERNING YOU FOR THE PURPOSE OF SUCH MARKETING; THIS ALSO APPLIES TO PROFILING INSOFAR AS IT IS ASSOCIATED WITH SUCH DIRECT MARKETING. IF YOU OBJECT, YOUR PERSONAL DATA WILL SUBSEQUENTLY NO LONGER BE USED FOR THE PURPOSE OF DIRECT MARKETING (OBJECTION PURSUANT TO ART. 21 (2) GDPR).

Right to lodge a complaint with the competent supervisory authority

In the event of breaches of the GDPR, data subjects have the right to lodge a complaint with a supervisory authority, in particular in the member state of their habitual residence, their place of work or the place of the alleged breach. The right to lodge a complaint is without prejudice to any other administrative or judicial remedies.

Right to data portability

You have the right to have data that we process automatically on the basis of your consent or in fulfilment of a contract handed over to you or to a third party in a common, machine-readable format. If you request the direct transfer of the data to another controller, this will only be done insofar as it is technically feasible.

Information, correction and deletion

Within the framework of the applicable legal provisions, you have the right at any time to free information about your stored personal data, its origin and recipients and the purpose of the data processing and, if applicable, a right to correction or deletion of this data. You can contact us at any time about this and other questions on the subject of personal data.

Right to restriction of processing

You have the right to request the restriction of the processing of your personal data. You can contact us about this at any time. The right to restriction of processing exists in the following cases:

If you dispute the accuracy of your personal data stored by us, we usually need time to check this. For the duration of the review, you have the right to request the restriction of the processing of your personal data.
If the processing of your personal data was or is unlawful, you can request the restriction of data processing instead of deletion.
If we no longer need your personal data, but you need it to exercise, defend or assert legal claims, you have the right to request the restriction of the processing of your personal data instead of deletion.
If you have lodged an objection pursuant to Art. 21 (1) GDPR, your interests and ours must be weighed against each other. As long as it has not yet been determined whose interests prevail, you have the right to request the restriction of the processing of your personal data.

If you have restricted the processing of your personal data, this data may, apart from its storage, only be processed with your consent or for the assertion, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the European Union or a member state.

SSL or TLS encryption

For security reasons and to protect the transmission of confidential content, such as orders or enquiries that you send to us as the site operator, this site uses SSL or TLS encryption. You can recognise an encrypted connection by the fact that the address line of the browser changes from "http://" to "https://" and by the lock symbol in your browser line.

If SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties.

Objection to advertising emails

We hereby object to the use of contact data published as part of the legal notice obligation for sending unsolicited advertising and information material. The operators of the pages expressly reserve the right to take legal action in the event of unsolicited sending of advertising information, such as spam emails.

4. Data collection on this website

Server log files

The provider of the pages automatically collects and stores information in so-called server log files, which your browser automatically transmits to us. These are:

Browser type and browser version
Operating system used
Referrer URL
Host name of the accessing computer
Time of the server request
IP address

This data is not merged with other data sources.

This data is collected on the basis of Art. 6 (1) (f) GDPR. The website operator has a legitimate interest in the technically error-free presentation and optimisation of its website; for this purpose, the server log files must be collected.

Enquiries by email, phone or fax

If you contact us by email, phone or fax, your enquiry including all resulting personal data (name, enquiry) will be stored and processed by us for the purpose of processing your request. We do not pass on this data without your consent.

This data is processed on the basis of Art. 6 (1) (b) GDPR if your enquiry is related to the fulfilment of a contract or is necessary to carry out pre-contractual measures. In all other cases, the processing is based on our legitimate interest in the effective processing of the enquiries addressed to us (Art. 6 (1) (f) GDPR) or on your consent (Art. 6 (1) (a) GDPR) if this has been requested; consent can be revoked at any time.

The data you send to us via contact requests will remain with us until you ask us to delete it, revoke your consent to storage or the purpose for data storage no longer applies (e.g. after your request has been processed). Mandatory statutory provisions, in particular statutory retention periods, remain unaffected.

Audience measurement with Cloudflare Web Analytics

To find out which pages are visited and how fast they load, we use Cloudflare Web Analytics, a service of our host Cloudflare, Inc. (address see section 2). No cookies are set, no local storage is used and no profiles about you are created; you are not recognised across several visits. Only aggregated information such as the page visited, referring page, browser, device type, country and loading times is recorded. Your IP address is not stored for this purpose.

The legal basis is our legitimate interest in analysing and improving our website (Art. 6 (1) (f) GDPR). For the data transfer to the USA see section 5. Further information: Cloudflare Web Analytics.

5. Data transfer to the USA

Our host Cloudflare, Inc. is based in the USA. Cloudflare is certified under the EU-US Data Privacy Framework (DPF). The DPF is an agreement between the European Union and the USA intended to ensure compliance with European data protection standards for data processing in the USA; there is an adequacy decision of the European Commission for certified companies (Art. 45 GDPR). In addition, Cloudflare has agreed to the standard contractual clauses of the European Commission in its data processing agreement, which apply should the certification cease to apply.

Further information can be found in Cloudflare's privacy policy.

6. Enquiry forms and spam protection

Contact and machine enquiries

If you send us an enquiry via one of our forms (contact, enquiry about a machine or joint enquiry via the saved machines list), we process the data you enter in order to process and answer your enquiry. Depending on the form, this includes your email address, name or company, optionally your salutation and phone number, the content of your message and details of the machine (e.g. machine number, name). The data is received via our host Cloudflare (see sections 2 and 5) and forwarded as an email to our mailbox; it is not stored on the website itself. For sending emails and for our mailbox we use IONOS SE, Elgendorfer Str. 57, 56410 Montabaur, Germany.

Processing is based on Art. 6 (1) (b) GDPR if your enquiry is related to the fulfilment of a contract or is necessary to carry out pre-contractual measures, and otherwise on our legitimate interest in answering the enquiries addressed to us (Art. 6 (1) (f) GDPR). The data remains with us until you request its deletion or the purpose no longer applies (e.g. after your enquiry has been processed); statutory retention periods remain unaffected.

Saved machines and "Recently viewed"

If you add machines to your list of saved machines (heart symbol) or view machines, we store the machine number, the name, the price and the link to the photo exclusively locally in your browser (so-called local storage), so that your list and the "Recently viewed" bar are retained on your next visit. This information is not transmitted to us. Only when you send a joint enquiry via the list do we receive the numbers of the saved machines together with your enquiry (see above). The storage is technically necessary for the function you requested (§ 25 (2) No. 2 TDDDG). You can empty the list yourself at any time or delete the data via your browser settings.

Cloudflare Turnstile

To protect our forms against spam and automated requests, we use Cloudflare Turnstile, a service of Cloudflare, Inc. (address see section 2). Turnstile is only loaded on pages with a form (contact page, pages of the individual machines and saved machines). Technical information about your browser and device (e.g. IP address, browser and system characteristics) is transmitted to Cloudflare and evaluated in order to recognise whether the input comes from a human. No image puzzle is displayed.

The legal basis is our legitimate interest in protecting our website against misuse and spam (Art. 6 (1) (f) GDPR). For the data transfer to the USA see section 5. Further information: Cloudflare Turnstile privacy notice.

7. Newsletter

With your consent, we use your contact details, in particular your email address, to send you information about our business activities, such as new machines, promotions and news about our company. The legal basis is your consent (Art. 6 (1) (a) GDPR). You can revoke your consent at any time with effect for the future; a short email to info@gebema.de is sufficient. After revocation, we will delete your address from the mailing list.

8. Credit check

Before concluding contracts in which we perform in advance (e.g. delivery on account), we may check the creditworthiness of our customers in order to avoid payment defaults. The legal basis is our legitimate interest in avoiding bad debts (Art. 6 (1) (f) GDPR) or the implementation of pre-contractual measures (Art. 6 (1) (b) GDPR).

Source of sections 1–4: https://www.e-recht24.de (translated)