Privacy policy

General

Responsible handling of personal data is a high priority for us. In the following, we explain everything about the collection, processing and storage of your data.

Through internal measures (both technical and organisational), we ensure that both we and our externally commissioned service providers comply with the data protection regulations according to DS-GVO and BDSG NEU.

Due to the constant further development of our website in terms of content and technology, changes may be made to the data protection declaration. For this reason, we recommend that you regularly read our data protection declaration.

Definition

Our data protection declaration is based on the terms used by the European Directive and Ordinance Maker when adopting the General Data Protection Regulation (DS-GVO). Our data protection declaration should be easy to read and understand for both the public and our members. In order to ensure this, we would like to explain the terminology used in advance

We use the following terms, among others, in this privacy policy:

(a) personal data

Personal data means any information relating to an identified or identifiable natural person (hereinafter "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 physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

(b) data subject

A data subject is any identified or identifiable natural person whose personal data are processed by the controller.

Processing is any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organisation, filing, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

d) Restriction of processing

Restriction of processing is the marking of stored personal data with the aim of limiting their future processing.

e) Profiling

Profiling is any form of automated processing of personal data which consists in using such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or change of location.

f) Pseudonymisation

Pseudonymisation is the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures which ensure that the personal data are not attributed to an identified or identifiable natural person.

(g) Controller or data controller

The controller or person responsible for processing is the natural or legal person, public authority, agency or other body which alone or jointly with others determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its designation may be provided for under Union or Member State law.

h) Auftragsverarbeiter

Auftragsverarbeiter ist eine natürliche oder juristische Person, Behörde, Einrichtung oder andere Stelle, die personenbezogene Daten im Auftrag des Verantwortlichen verarbeitet.

h) Processor

A processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

(j) third party

Third party means a natural or legal person, public authority, agency or other body other than the data subject, the controller, the processor and the persons authorised to process the personal data under the direct responsibility of the controller or the processor.

k) Consent

Consent shall mean any freely given specific and informed indication of the data subject's wishes in the form of a statement or other unambiguous affirmative act by which the data subject signifies his or her agreement to the processing of personal data relating to him or her.

Person responsible

The person responsible 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 the:

Magic Power Technology GmbH
Gewerbepark Neudahn 1, Nr. 4
66994 Dahn
Deutschland

Tel.: +49 (0)6391 91010-0
E-Mail: info(at)mgpower.de
Website: www.mgpower.de

Represented by
Frank Cubasch (CEO) and Erik Kraft-Schütz (Prokurist)

Cookies

The Magic Power Technology GmbH website uses cookies. Cookies are text files that are stored on a computer system via an Internet browser.

Numerous Internet pages and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a string of characters by which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This enables the visited Internet pages and servers to distinguish the individual browser of the data subject from other Internet browsers that contain other cookies. A specific internet browser can be recognised and identified via the unique cookie ID.

Through the use of cookies, the Magic Power Technology GmbH can provide the users of this website with more user-friendly services that would not be possible without the cookie setting.

By means of a cookie, the information and offers on our website can be optimised for the benefit of the user. As already mentioned, cookies enable us to recognise the users of our website. The purpose of this recognition is to make it easier for users to use our website. For example, the user of a website that uses cookies does not have to re-enter his or her access data each time he or she visits the website, because this is done by the website and the cookie stored on the user's computer system. Another example is the cookie of a shopping basket in an online shop. The online shop remembers the items that a customer has placed in the virtual shopping basket via a cookie.

The data subject can prevent the setting of cookies by our website at any time by means of an appropriate 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 programmes. 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.

Google Analytics

This website uses Google Analytics, a web analytics service provided by Google, Inc. ("Google"). The use is based on Art. 6 para. 1 p. 1 lit. f. DSGVO. Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyse how users use the site. The information generated by the cookie about your use of the website such as

Browser type/version,

operating system used,

Referrer URL (the previously visited page),

host name of the accessing computer (IP address),

time of the server request,

are usually transferred to a Google server in the USA and stored there. The IP address transmitted by your browser as part of Google Analytics is not merged with other Google data. We have also extended Google Analytics on this website with the code "anonymizeIP". This guarantees the masking of your IP address so that all data is collected anonymously. Only in exceptional cases will the full IP address be transferred to a Google server in the USA and shortened there.

On behalf of the operator of this website, Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage to the website operator. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website.

You may also prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) by Google and the processing of this data by Google by downloading and installing the browser plugin available at the following link:

http://tools.google.com/dlpage/gaoptout?hl=de. As an alternative to the browser add-on, especially for browsers on mobile devices, you can also prevent the collection by Google Analytics by clicking on this link. An opt-out cookie will be set, which prevents the future collection of your data when visiting this website. The opt-out cookie is only valid in this browser and only for our website and is stored on your device. If you delete the cookies in this browser, you must set the opt-out cookie again.

Legal basis for the processing and provision of personal data

Art. 6 I lit. a DS-GVO serves as the legal basis for our company for processing operations in which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is a party, as is the case, for example, with processing operations necessary for the performance of membership, the processing is based on Art. 6 I lit. b DS-GVO. The same applies to such processing operations that are necessary for the implementation of pre-contractual measures, for example in cases of enquiries about membership or trial training in one of our departments. If our company is subject to a legal obligation by which the processing of personal data becomes necessary, such as for the fulfilment of tax obligations, the processing is based on Art. 6 I lit. c DS-GVO. In rare cases, the processing of personal data might become necessary in order to protect the vital interests of the data subject or another natural person. This would be the case, for example, if someone were to be injured in our company or in an action organised by us and as a result his or her name, age, health insurance data or other vital information had to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6 I lit. d DS-GVO. Finally, processing operations could be based on Art. 6 I lit. f DS-GVO. Processing operations which are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to protect a legitimate interest of our company or a third party, provided that the interests, fundamental rights and freedoms of the data subject are not overridden. Such processing operations are permitted to us in particular because they were specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the data subject is a member of the controller (recital 47, second sentence of the GDPR).

If the processing of personal data is based on Article 6 I lit. f DS-GVO, our legitimate interest is the performance of our information service for the benefit of corporate clients and the well-being of the company or the defence against (im)material damage.

We would like to inform you that the provision of personal data is sometimes required by law (e.g. tax regulations) or may also result from contractual regulations (e.g. sales contract). Sometimes, in order to conclude a contract, it may be necessary for a data subject to provide us with personal data that must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with him or her. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Before providing personal data by the data subject, the data subject should contact one of our employees. They will explain to the data subject on a case-by-case basis whether the provision of the personal data is required by law or by contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and what the consequences of not providing the personal data would be.

Routine erasure, blocking and storage period of personal data

The controller shall process and store personal data of the data subject only for the period of time necessary to achieve the purpose of storage or where provided for by the European Directive and Regulation or other legislator in laws or regulations to which the controller is subject.

If the storage purpose ceases to apply or if a storage period prescribed by the European Directive and Regulation Maker or another competent legislator expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.

The criterion for the duration of the storage of personal data is the respective statutory retention period. After expiry of the period, the corresponding data is routinely deleted, provided that it is no longer required for the fulfilment or initiation of the contract or necessary for the protection of company interests.

Personal data

The website of the Magic Power Technology GmbH collects a series of general data and information every time a data subject or automated system calls up the website. This general data and information is stored in the log files of the server. The following can be recorded
(1) browser types and versions used,
(2) the operating system used by the accessing system,
(3) the internet page from which an accessing system arrives at our internet page (so-called
referrer),
(4) the sub-websites which are accessed via an accessing system on our Internet site
system on our website,
(5) the date and time of an access to the internet page,
(6) an Internet protocol address (IP address),
(7) the Internet service provider of the accessing system, and
(8) other similar data and information which serve to avert danger in the event of attacks on our
information technology systems.

When using these general data and information, the Magic Power Technology GmbH does not draw any conclusions about the data subject. This information is rather required in order to
(1) deliver the contents of our website correctly,
(2) optimise the contents of our website as well as the advertising for the same,
(3) ensure the long-term operability of our information technology systems and the technology of our website, and
systems and technology of our website, and
(4) to provide law enforcement authorities with the necessary information in the event of a cyber attack.
information necessary for prosecution.

Therefore, the Magic Power Technology GmbH analyzes anonymously collected data and information on one hand for statistical purposes and on the other hand for the purpose of increasing the data protection and data security of our enterprise, and ultimately ensuring an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from any personal data provided by a data subject.

When contacting us via the email addresses and forms published on our website, your name, email address and the content of your message are stored and processed on our email server and in the mail programs of the internal persons involved. This data is deleted when your request has been dealt with and no further contact is desired or required.

Should a contract (membership) develop from the enquiry, the data will be stored as part of the membership and deleted in accordance with the deadlines from our data protection regulations.

Your data protection rights

The following rights are granted to every data subject by the European Directive and Regulation. If a data subject wishes to exercise one or more of these rights, he or she may, at any time, contact the controller.

The following are the rights:

(a) Right to confirmation

Every data subject has the right to obtain confirmation from the controller as to whether personal data concerning him or her are being processed.

b) Right of access

Every data subject shall have the right to obtain from the controller, at any time and free of charge, information about the personal data stored concerning him or her and a copy of that information. Furthermore, the data subject shall be granted the right of access to the following information:
- the purposes of the processing
- the categories of personal data processed
- the recipients or categories of recipients to whom the personal data have been or will be disclosed.
have been or will be disclosed, in particular to recipients in third countries or international organisations
or international organisations
- if possible, the planned duration for which the personal data will be stored, or, if this is not possible
or, if this is not possible, the criteria for determining that period, the existence of a right to
erasure of the personal data concerning him or her, or to the restriction of processing by the controller
processing by the controller or to object to such processing
- the existence of a right of appeal to a supervisory authority
- where the personal data are not collected from the data subject: Any available
information on the origin of the data
- the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the Regulation
and 4 of the Data Protection Regulation and - at least in these cases - meaningful information about the logic involved and the scope
logic involved, as well as the scope and the intended effects of such processing for the data subject.
data subject

Furthermore, the data subject has the right to be informed whether personal data have 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 relation to the transfer.

c) Right of rectification

Any person concerned by the processing of personal data has the right to obtain the rectification without delay of personal data relating to him or her which are inaccurate. The data subject shall also have the right to obtain, taking into account the purposes of the processing, the completion of any incomplete personal data, including by means of a supplementary declaration.

(d) Right to erasure (right to be forgotten)

Every data subject has the right to obtain from the controller the erasure without delay of personal data concerning him or her, where one of the following grounds applies and insofar as the processing is not necessary:
- The personal data were collected or otherwise processed for such purposes,
for which they are no longer necessary.
- The data subject revokes his or her consent on which the processing is based pursuant to Art. 6 para. 1
a DS-GVO or Art. 9 (2) (a) DS-GVO and there is no other legal basis for the processing.
legal basis for the processing.
- The data subject objects to the processing pursuant to Article 21(1) of the DS-GVO and there are no overriding legitimate grounds for the processing.
there are no overriding legitimate grounds for the processing, or the data subject lodges an objection pursuant to Art.
objects to the processing pursuant to Art. 21 (2) DS-GVO.
- The personal data have 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 have been processed in relation to information society services provided
pursuant to Article 8(1) of the DS-GVO.

If one of the aforementioned reasons applies, and a data subject wishes to arrange for the deletion of personal data stored by the Magic Power Technology GmbH, he or she may, at any time, contact the controller. The controller shall promptly ensure that the erasure request is complied with immediately.

If the personal data was made public by the Magic Power Technology GmbH and our company is responsible pursuant to Art. 17 Para. 1 DS-GVO, Magic Power Technology GmbH shall implement reasonable measures, including technical measures, to compensate other data controllers for processing the personal data published, taking into account the available technology and the cost of implementation, in order to inform the data subject that he or she has requested from those other data controllers to erase all links to or copies or replications of the personal data, unless the processing is necessary. The controller of the Magic Power Technology GmbH will arrange the necessary in individual cases.

(e) Right to restrict processing

Any data subject shall have the right to obtain from the controller the restriction of processing where one of the following conditions is met:
- The accuracy of the personal data is contested by the data subject for a period enabling the controller to verify the accuracy of the personal data.
- The processing is unlawful, the data subject objects to the erasure of the personal data and requests instead 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 assertion, exercise or defence of legal claims.
- The data subject has objected to the processing pursuant to Article 21(1) of the GDPR and it is not yet clear whether the legitimate grounds of the controller override those of the data subject.

If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of personal data stored by the Magic Power Technology GmbH, he or she may, at any time, contact the controller. The controller of the Magic Power Technology GmbH will arrange the restriction of the processing.

f) Right to data portability

Every data subject shall have the right to receive personal data concerning him or her, which has been provided by the data subject to a controller, in a structured, commonly used and machine-readable format. He or she also has the right to transmit such data to another controller without hindrance from the controller to whom the personal data have 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, unless the processing is 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 the right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to obtain the direct transfer of personal data from one controller to another controller where technically feasible and provided that this does not adversely affect the rights and freedoms of other persons.

g) Right to object

Every data subject has the right to object at any time, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her which is carried out on the basis of Article 6(1)(e) or (f) of the DS-GVO. This also applies to profiling based on these provisions.

The Magic Power Technology GmbH shall no longer process the personal data in the event of the objection, unless it can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the assertion, exercise or defence of legal claims.

If the Magic Power Technology 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 processed for such marketing. This also applies to the profiling, insofar as it is related to such direct marketing. If the data subject objects to Magic Power Technology GmbH to the processing for direct marketing purposes, Magic Power Technology GmbH will no longer process the personal data for these purposes.

In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her which is carried out by the Magic Power Technology GmbH for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the Data Protection Regulation (DS-GVO), unless such processing is necessary for the performance of a task carried out for reasons of public interest.

The data subject is also free to exercise his/her right to object in relation to the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures using technical specifications.

(h) Automated decisions in individual cases, including profiling.

Any data subject shall have the right 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 or her, unless the decision is
(1) is not necessary for entering into, or the performance of, a contract between the data subject and the controller; or
person responsible, or
(2) is permitted by legal provisions of the Union or the Member States to which the controller is subject, and those legal provisions
and that such legislation takes reasonable steps to safeguard the rights and freedoms of the data subject and the legitimate interests of the data controller.
and freedoms and the legitimate interests of the data subject; or
(3) with the explicit consent of the data subject.

If the decision is
(1) necessary for the conclusion or performance of a contract between the data subject and the data
responsible person, or
(2) it is made with the explicit consent of the data subject, the Magic Power Technology GmbH shall implement suitable measures in order to safeguard the rights and freedoms as well as the legitimate interests of the data subject.
interests of the data subject, including at least the right to obtain the intervention of a person on the part of the data subject.
of the intervention of a person responsible, to express his or her point of view and to contest the decision.
to contest the decision

i) Right to withdraw consent under data protection law

Every data subject has the right to withdraw consent to the processing of personal data at any time.

Automatic decision making

As a responsible company, we do not use automatic decision-making or profiling.

Other

This data protection declaration was created based on the data protection declaration generator of the DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as the External Data Protection Officer Berlin, in cooperation with the Cologne IT and data protection lawyer Christian Solmecke and automatically translated

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