Privacy policy

Privacy policy
 

1. Controller responsible for processing data (“we”) 
 
ELA Container Offshore GmbH
Zeppelinstrasse 19–21
49733 Haren (Ems), Germany 
 
Tel.: +49 (0)5932 7323-500
Fax: +49 5932 7323-510
E-mail: info@ela-offshore.com 

More details about us are available in our service provider information.  

 
2. Personal data, purposes of processing and legal grounds 
 
You can normally use our website without having to provide personal data. Personal data are provided voluntarily. 
 
‘Personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the identity of that natural person. 
 
The data are processed in order to operate this website with information about our range of services as well as ways to contact us and submit online applications.  
 
Personal data are only collected on our website if necessary 
 
• to use the website (legal ground: sentence 1 of point (a) of Article 6(1) GDPR and/or sentence 1 of point (b) of Article 6(1) GDPR);
• to serve our interest in improving the user experience and maintaining the security of use (legal ground: sentence 1 of point (f) of Article 6(1) GDPR);  
• to use the services offered on the website as well as to take steps prior to entering into a contract, especially form entries (legal ground: sentence 1 of point (a) of Article 6(1) GDPR and/or sentence 1 of point (b) of Article 6(1) GDPR or
• to conclude and execute a contract (legal ground: sentence 1 of points (a) and (b) of Article 6(1) GDPR) 
  
More details about how data are processed are available below under the headings: 

 
3. Access data / server log files  

 
When you visit our website, the servers automatically store the information your browser sends in server log files. The information encompasses  
 
     • the name of the website you are visiting,  
     • the file,  
     • the date and time of your visit,  
     • a notification of successful retrieval,  
     • your browser type and version,  
     • your operating system,  
     • the referrer URL,  
     • the provider. 
 
These data are not merged with other sources of data. Pursuant to sentence 1 of point (f) of Article 6(1) GDPR), the information is only used to analyse and maintain the technical operation of the servers and network.
 
 
4. Cookies 
 
Our website stores cookies. Cookies are small files which make it possible to store specific information relating to your device on the device you use to access the website (PC, smartphone etc.). One of their purposes is to make websites more user friendly and therefore to serve users (e.g. to store log-in data). Additionally, they enable us to collect and analyse statistical data concerning website usage in order to improve the website. The legal grounds for this are provided by sentence 1 of point (f) of Article 6(1) GDPR. 

As the user, you can control the use of cookies. Most browsers have a setting to restrict or completely prevent the use of cookies. However, please be aware that use of the website and especially user-friendliness will be limited without cookies. 
 
You can manage lots of online advertising cookies from companies on the American page http://www.aboutads.info/choices/ or the European page http://www.youronlinechoices.com/uk/your-ad-choices/ .
 


5. Contact by e-mail

If you send us an enquiry by e-mail, we shall store the information you provide in the e-mail including your contact details in order to process the enquiry and in case you have any follow-up questions in accordance with sentence 1 of point (b) of Article 6(1) GDPR. We shall never disclose these data without your consent. We shall treat the data you provide voluntarily as strictly confidential. We shall store and use the personal data you provide voluntarily where necessary for further correspondence with you. 

 
6. Contact form
 
 
If you send us an enquiry using the contact form, we shall store the information you provide in the form including your contact details  in order to process the enquiry and in case you have any follow-up questions in accordance with sentence 1 of point (b) of Article 6(1) GDPR. We shall not disclose these data without your consent. 


7. Google Analytics 
 
Our website uses Google Analytics. It is provided by Google LLC., 1600 Amphitheatre Parkway Mountain View, CA 94043, USA in order to analyse our website and how it is used to make it more effective and user friendly and optimise how our services are advertised and provided. The legal grounds for this are provided by sentence 1 of point (f) of Article 6(1) GDPR or, if you have consented to cookies on the basis of information we displayed on the website (a cookie banner), the use of the data shall be lawful in accordance with sentence 1 of point (a) of Article 6(1) GDPR. Google LLC is certified under the EU–US Privacy Shield and therefore undertakes to comply with the data protection regulations of the European Union.  
 
For users who are habitually resident in the European Economic Area or Switzerland, the controller responsible for the Google services is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, EU ( “Google”). Google Ireland Limited is an affiliate of Google LLC whose services we incorporate into the website and which must also comply with the General Data Protection Regulation.  
 
Google Analytics uses cookies which are text files saved on your computer that enable your use of the website to be analysed. The information generated by the cookie about your use of this website is normally sent to a Google server in the USA and stored there. However, your IP address sent by your browser through Google Analytics will not be associated with any other data held by Google. IP anonymisation is active on our website. This means that your IP address is shortened by Google in a member state of the European Union or other signatories to the Agreement on the European Economic Area. Only in exceptional cases is the full IP address sent to a Google server in the USA and shortened there. Google will use this information on our behalf for the purposes of evaluating your use of the website, compiling reports on website activity for us and providing other services relating to website activity and Internet usage. 
 
You can consent to the use of Analytics by opting in (activating cookies) in the cookie policy in the cookie settings. You can also prevent the installation of cookies by adjusting the settings of your browser software accordingly. However, we would like to point out that, if you should choose to do so, you might not be able to use all of the features of our website. Additionally, you can prevent Google from collecting or processing the data generated by the cookie concerning your use of our website (including your IP address) by downloading and installing the browser add-on available at http://tools.google.com/dlpage/gaoptout?hl=us: You can find more information about Google’s terms of use and privacy policy here and from Google. 

 
8. Google Tag Manager 
 
Our website uses Google Tag Manager. Google Tag Manager is a solution with which the operator of a website can manage tags on a dashboard. The tag manager tool itself is a cookie-free domain and does not collect any personal data. The tool activates other tags which collect data in accordance with this privacy policy. Google Tag Manager does not access such data. IP addresses are anonymised by Google Tag Manager on the basis of an internal setting. It is not visible in the source code of this website. More information is available at https://marketingplatform.google.com/intl/us/about/analytics/tag-manager/use-policy/. The legal grounds are provided by sentence 1 of point (f) of Article 6(1) GDPR as the processing of the data serves our legitimate interest in improving the user experience through analysis and optimisation as well as advertising and presenting our services. 


9. reCaptcha  
 

We use reCaptcha, a service provided by Google LLC, 1600 Amphitheatre Parkway Mountain View, CA 94043, USA to protect our contact form against unintended use. This service enables us to determine whether data have been entered into the contact form by a person or automatically by a machine known as a spambot for the purposes of misusing the form. Your IP address is transferred to Google LLC for this purpose. Google reCaptcha also uses cookies which are stored on your computer and make it possible to analyse how you use the website.  
 
The legal grounds for this are provided by sentence 1 of point (f) of Article 6(1) GDPR or, if you have consented to cookies on the basis of information we displayed on the website (a cookie banner), the use of the data shall be lawful in accordance with sentence 1 of point (a) of Article 6(1) GDPR. 
 
The information generated by the cookie about your use of this website is normally sent to a Google server in the USA and stored there. IP anonymisation is active. This means that your IP address is shortened by Google in a member state of the European Union or other signatories to the Agreement on the European Economic Area. Only in exceptional cases is the full IP address sent to a Google server in the USA and shortened there. Your IP address sent by your browser through Google Analytics will not be associated with any other data held by Google. For more information, visit https://policies.google.com/privacy?hl=us.


10. Recipients of personal data 
 
We share personal data with the following categories of recipient:   
 
Our employees and the host of our website. The host is ELA Container Offshore GmbH, Zeppelinstrasse 19–21, 49733 Haren (Ems), Germany. 
 
Additionally, your personal data shall not be shared with third parties without your express consent unless we are legally obliged to do so pursuant to sentence 1 of point (c) of Article 6(1) GDPR or the disclosure of the data is strictly necessary in order to execute a contractual relationship in accordance with sentence 1 of point (b) of Article 6(1) GDPR. 
 
Please note that the transfer of data on the Internet (e.g. communication by e-mail) can be subject to security flaws. The data cannot be afforded seamless protection against third parties. 
 
 
11. Duration of storage 
 
We shall erase your personal data as soon as the purpose for which they were originally collected has been achieved. As such, we shall store your data from your e-mails, the contact form and your orders until your enquiry has been fully processed and closed. The data shall usually be erased after this point. Otherwise, we check whether the stored data concerning you can be erased on an annual basis. 

We erase session cookies automatically after the end of your visit to our website. Access data and server log files are erased after one week.  
 
Application data are erased after six months at the latest. If your application is successful, we shall continue to process your personal data for the purposes of the employment relationship. If you have provided your express consent, you can withdraw your consent at any time with future effect – this will result in us erasing your data. 
 
Please note that storage obligations of at least six (Section 257 of the German Commercial Code (HGB)) or ten years (Section 147 of the German Tax Code (AO)) apply to certain data under tax and commercial law.


12. Rights of the data subject  
 
You are not legally obliged to provide your personal data. However, it might be necessary to provide your data in order to enter into a contract or for features of the website to work properly. Therefore, if you do not provide your data, it might not be possible to offer a contract or a feature on the website.  
 
No automated decision-making, i.e. profiling, takes place on the website. 
 
In particular, the rights of data subjects are set out by Articles 15 to 23 and Article 77 GDPR as well as Sections 32 to 37 BDSG.   With regard to your personal data, you have the right to 
 
     • access information, Article 15 GDPR
     • rectification, Article 16 GDPR
     • erasure, Article 17 GDPR
     • restriction of processing, Article 18 GDPR
     • data portability, Article 20 GDPR. 
 
If you have provided consent to the processing of personal data, you have the right to 
 
     • withdraw consent, Article 7 GDPR 
 
with future effect. 
 
Furthermore, you have the right to 

     • object to the processing of personal data, Article 21 GDPR .


1. You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on sentence 1 of point (f) of Article 6(1) GDPR (data processing based on a balance of interests).  
If you object, we shall no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or that the processing is necessary for the establishment, exercise or defence of legal claims.

2. In individual cases, we process personal data for the purposes of direct marketing. If this is the case with you, you have the right to object to the processing of data concerning you for the purposes of such advertisements.
If you object to processing for direct marketing purposes, we shall no longer process your personal data for such purposes.
Your objection can be in any format and should be addressed to us if possible; see section 1 above. 


If you believe that the processing of personal data concerning you infringes the data protection regulations, you always have the 
 
     • right to lodge a complaint 
 
with a supervisory authority – see Article 77 GDPR. Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you infringes the General Data Protection Regulation.  
 
The contact details of the data protection officers in the German states, the supervisory authorities for the private sector, radio, churches, in Europe and abroad, as well as the virtual data protection office, are available at https://www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html  
 
The supervisory authority with jurisdiction over us is the State Commissioner for Data Protection, Prinzenstrasse 5, 30159 Hanover, Germany.



13. Facebook Insights – Information for users of our Facebook fan page 
 
Facebook Ireland Ltd (“Facebook”) provides us with Facebook Insights (“Insights”) as the operator of the Facebook fan page. Insights are a range of statistics which provide us with information about how our Facebook fan page is used. For more detailed information about Insights and about what data processing takes place, visit https://www.facebook.com/business/a/page/page-insights and https://www.facebook.com/legal/terms/information_about_page_insights_data  
 
As Facebook fan page Insights can be based on personal data collected in connection with a visit or interaction by people to or with our Facebook fan page and its content, Facebook can process personal data when you visit our Facebook site. The essential information about the agreement between us and Facebook in the sense of Article 26 GDPR is available there: https://www.facebook.com/legal/terms/page_controller_addendum  
 
The joint controllers responsible for processing Facebook fan page Insights are:  
 
Facebook Ireland Ltd.  
4 Grand Canal Square  
Grand Canal Harbour  
Dublin 2, Ireland  
https://www.facebook.com/help/contact/2061665240770586
https://www.facebook.com/help/contact/540977946302970


and
 

ELA Container Offshore GmbH
Zeppelinstraße 19–21
49733 Haren (Ems)
Tel.: +49 5932 7323-500
Fax: +49 5932 7323-510
E-Mail: info@ela-offshore.com.

 
In this regard, Facebook Ireland primarily fulfils:  
 
     • the duties to provide information pursuant to Articles 12 and 13 GDPR, as well as  
     • the obligations under Article 15 to 21 GDPR, so data subjects can exercise their rights against Facebook Ireland, as well as  
     • the duties under Articles 33 and 34 GDPR.  
 
Naturally, however, you can also exercise your rights against us.  
 
In accordance with Article 32 GDPR, Facebook Ireland has implemented appropriate technical and organisational measures to ensure the security of processing by means of Facebook fan page Insights.  
 
For the legal grounds and purposes of processing by Facebook Ireland, see the information at https://www.facebook.com/about/privacy/legal_bases and https://www.facebook.com/policy.php. We process  the Facebook Insights data on the basis of our legitimate interest in evaluating activity on our fan page and our marketing measures there (adverts, campaigns and posts); sentence 1 of point (f) of Article 6(1) GDPR. 

More information: Data protection: Facebook fan pages and Insights – answers here. 
 
You are not legally obliged to provide your personal data. However, it might be necessary to provide your data in order to enter into a contract or for features of the Facebook fan page to work properly. Therefore, if you do not provide your data, it might not be possible to offer a contract or a feature on the Facebook fan page.  
 
In particular, the rights of data subjects are set out by Articles 15 to 23 and Article 77 GDPR as well as Sections 32 to 37 BDSG.  
 
With regard to your personal data, you have the right to  
 
     • access information, Article 15 GDPR  
     • rectification, Article 16 GDPR
     • erasure, Article 17 GDPR
     • restriction of processing, Article 18 GDPR and  
     • data portability, Article 20 GDPR.  

 
Furthermore, you have the right to  
 
     • object, Article 21 GDPR 
 
to the processing of personal data – see also the further information.  
 
If you have provided consent to the processing of personal data, you have the right to  
 
     • withdraw consent, Article 7 GDPR 
 
with future effect. 

Please address all enquiries, requests and messages to Facebook Ireland or us; see above. 

If you believe that the processing of personal data concerning you infringes the data protection regulations, you always have the 

     • Right to lodge a complaint 

with a supervisory authority – see Article 77 GDPR. Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you infringes the General Data Protection Regulation. The supervisory authority with jurisdiction over Facebook Ireland is the Irish Data Protection Commission (https://www.dataprotection.ie/). We are under the jurisdiction of the State Commissioner for Data Protection, Prinzenstrasse 5, 30159 Hanover, Germany. 
  

INFORMATION ABOUT YOUR RIGHT TO OBJECT PURSUANT TO ARTICLE 21 GDPR  
1. You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on sentence 1 of point (f) of Article 6(1) GDPR (data processing based on a balance of interests). 
If you object, we shall no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or that the processing is necessary for the establishment, exercise or defence of legal claims.  
 
2. In individual cases, we process personal data for the purposes of direct marketing. If this is the case with you, you have the right to object to the processing of data concerning you for the purposes of such advertisements.
If you object to processing for direct marketing purposes, we shall no longer process your personal data for such purposes.  
 
You can object in any format.