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Privacy Policy

We are very pleased that you have shown interest in our company. Data protection is of a particularly high priority for the management of AB-Tools GmbH. The use of the AB-Tools GmbH website is possible without any indication of personal data; however, if a data subject wants to use special enterprise services via our website, processing of personal data could become 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.

The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to AB-Tools GmbH. By means of this data protection declaration, our enterprise would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed of their rights by means of this data protection declaration.

AB-Tools GmbH, as the controller, has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions can generally have security gaps, so absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us via alternative means, e.g. by telephone.

1. Definitions

The data protection declaration of AB-Tools GmbH is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be easily readable and understandable for the public as well as for our customers and business partners. To ensure this, we would like to explain the terms used in advance.

In this privacy policy we use, among others, the following terms:

  • a) Personal dataPersonal data is all information relating to an identified or identifiable natural person (hereinafter referred to as the “data subject”). A natural person is considered identifiable if he or she 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 special characteristics that express the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
  • b) Data subjectData subject is any identified or identifiable natural person whose personal data is processed by the controller.
  • c) ProcessingProcessing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, comparison or linking, restriction, erasure or destruction.
  • d) Restriction of processingRestriction of processing is the marking of stored personal data with the aim of limiting its future processing.
  • e) ProfilingProfiling is any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
  • f) PseudonymisationPseudonymisation is the processing of personal data in such a manner 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 to ensure that the personal data are not assigned to an identified or identifiable natural person.
  • g) Controller or person responsible for processingThe controller or person responsible for processing is the natural or legal person, public authority, agency or other body which alone or jointly with others decides on the purposes and means of processing personal data. Where the purposes and means of such processing are specified by Union or Member State law, the controller or the specific criteria for his or her nomination may be provided for by Union or Member State law.
  • h) ProcessorA processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
  • (i) RecipientRecipient means a natural or legal person, public authority, agency or other body to which personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be considered recipients.
  • j) Third partyA third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons authorised to process personal data under the direct responsibility of the controller or processor.
  • k) Consent Consent is any freely given, specific, informed and unambiguous indication of the data subject's wishes in the form of a statement or other unambiguous confirmatory act by which the data subject signifies agreement to the processing of personal data concerning him or her.

2. 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:

AB-Tools GmbH

Marsstraße 78

80335 Munich

Germany

Tel.: +498938895855

Email: info@ab-smarthouse.com

Website: https://www.ab-smarthouse.com

3. Cookies

The AB-Tools GmbH website uses cookies. Cookies are text files that are saved on a computer system via an Internet browser.

Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier for the cookie. It consists of a character string that allows websites and servers to be assigned to the specific Internet browser in which the cookie was stored. This enables the websites and servers visited to distinguish the individual browser of the data subject from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified using the unique cookie ID.

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

Cookies can be used to optimize the information and offers on our website for the benefit of the user. As already mentioned, cookies enable us to recognize 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 enter their login details every time they visit 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 cart in an online shop. The online shop remembers the items that a customer has placed in the virtual shopping cart using a cookie.

The data subject can prevent the setting of cookies through our website at any time by means of a corresponding setting in 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.

4. Collection of general data and information

The website of AB-Tools GmbH collects a series of general data and information each time the website is accessed by a data subject or an automated system. This general data and information is stored in the server's log files. The following may be collected: (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites accessed via an accessing system on our website, (5) the date and time of access to the website, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) other similar data and information used to avert dangers in the event of attacks on our information technology systems.

When using this general data and information, AB-Tools GmbH does not draw any conclusions about the data subject. Rather, this information is required to (1) correctly deliver the contents of our website, (2) optimize the contents of our website and advertising for it, (3) ensure the long-term functionality of our information technology systems and the technology of our website, and (4) to provide law enforcement authorities with the information necessary for criminal prosecution in the event of a cyber attack. AB-Tools GmbH therefore evaluates this anonymously collected data and information statistically and with the aim of increasing data protection and data security in our company in order to ultimately ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.

5. Possibility of contact via the website

Due to legal regulations, the AB-Tools GmbH website contains information that enables quick electronic contact with our company and direct communication with us, which also includes a general address for so-called electronic mail (email address). If a data subject contacts the controller by email or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the controller are stored for the purposes of processing or contacting the data subject. This personal data is not passed on to third parties.

6. Routine deletion and blocking of personal data

The controller shall process and store personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject.

If the purpose of storage no longer applies, 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.

7. Rights of the data subject

  • a) Right to confirmation Each data subject has the right granted by the European legislator to obtain confirmation from the controller as to whether or not personal data concerning him or her are being processed. If a data subject wishes to exercise this right of confirmation, he or she may, at any time, contact any employee of the controller.
  • b) Right to informationEvery person affected by the processing of personal data has the right granted by the European legislator to obtain from the controller at any time, free of charge, information about the personal data stored about him or her and a copy of this information. Furthermore, the European legislator has granted the data subject the right to information about the following information:
    • the processing purposes
    • 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 recipients in third countries or international organisations
    • where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period
    • the existence of a right to rectification or erasure of personal data concerning him or her or to restriction of processing by the controller or a right to object to such processing
    • the existence of a right of complaint to a supervisory authority
    • if the personal data are not collected from the data subject: All available information about the origin of the data
    • the existence of automated decision-making, including profiling, referred to in Article 22 (1) and (4) GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject

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

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

  • c) Right to rectification Any person affected by the processing of personal data has the right granted by the European legislator to request the immediate rectification of inaccurate personal data concerning him or her. Furthermore, the data subject has the right, taking into account the purposes of the processing, to request the completion of incomplete personal data, also by means of a supplementary statement. If a data subject wishes to exercise this right to rectification, he or she may contact any employee of the controller at any time.
  • d) Right to erasure (right to be forgotten) Any person affected by the processing of personal data has the right granted by the European legislator to request the controller to erase personal data concerning him or her without undue delay, provided that one of the following reasons applies and to the extent that processing is not necessary:
    • The personal data were collected or otherwise processed for purposes for which they are no longer necessary.
    • The data subject withdraws consent on which the processing is based according to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
    • The data subject objects to the processing pursuant to Art. 21 Para. 1 GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Art. 21 Para. 2 GDPR.
    • The personal data were processed unlawfully.
    • The erasure of personal data is necessary to fulfill a legal obligation under Union or Member State law to which the controller is subject.
    • The personal data were 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 erasure of personal data stored by AB-Tools GmbH, he or she may contact an employee of the controller at any time. The employee of AB-Tools GmbH will ensure that the erasure request is complied with immediately.

    If the personal data was made public by AB-Tools GmbH and our company as the controller pursuant to Art. 17 Para. 1 GDPR is obliged to erase the personal data, AB-Tools GmbH shall take appropriate measures, including technical ones, taking into account the available technology and the implementation costs, in order to inform other data controllers which process the published personal data that the data subject has requested the erasure by such controllers of all links to these personal data or of copies or replications of these personal data, unless processing is required. The employee of AB-Tools GmbH will arrange the necessary measures in individual cases.

  • e) Right to restriction of processing Any person affected by the processing of personal data has the right granted by the European legislator to request the controller to restrict processing if one of the following conditions applies:
    • 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 opposes the erasure of the personal data and requests the restriction of the use of the personal data instead.
    • The controller no longer needs the personal data for the purposes of the processing, but the data subject needs them to assert, exercise or defend legal claims.
    • The data subject has objected to processing pursuant to Art. 21 Para. 1 GDPR pending the verification 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 the processing of personal data stored by AB-Tools GmbH, he or she may at any time contact any employee of the controller. The employee of AB-Tools GmbH will arrange the restriction of the processing.

  • f) Right to data portabilityEvery 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 was made available to a controller, in a structured, common and machine-readable format. He or she also has the right to transmit these data to another controller without hindrance from the controller to whom the personal data was made available, provided that the processing is based on consent pursuant to Art. 6 (1) (a) GDPR or Art. 9 (2) (a) GDPR or on a contract pursuant to Art. 6 (1) (b) GDPR and the processing is carried out using automated procedures, 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, in exercising his or her right to data portability pursuant to Art. 20 (1) GDPR, the data subject has the right to have the personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others. To assert the right to data portability, the data subject may at any time contact an employee of AB-Tools. GmbH.
  • g) Right to objectEvery person affected by the processing of personal data has the right granted by the European legislator to object at any time to the processing of personal data concerning him or her, which is based on Article 6(1) e or f of the GDPR, for reasons related to his or her particular situation. This also applies to profiling based on these provisions.AB-Tools GmbH will no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims.If AB-Tools GmbH processes personal data in order to conduct direct advertising, the data subject has the right to object at any time to the processing of personal data for the purposes of such advertising. This also applies to profiling insofar as it is related to such direct advertising. If the data subject objects to AB-Tools GmbH processing for direct marketing purposes, AB-Tools GmbH will no longer process the personal data for these purposes.In addition, the data subject has the right, for reasons related to his or her particular situation, to object to processing of personal data concerning him or her by AB-Tools GmbH for scientific or historical research purposes, or for statistical purposes pursuant to Art. 89(1) GDPR, unless the processing is necessary to perform a task carried out for reasons of public interest.To exercise the right to object, the data subject may contact any employee of AB-Tools GmbH or another employee directly. In addition, the data subject is free to exercise his or her right of objection by automated means using technical specifications in connection with the use of information society services, notwithstanding Directive 2002/58/EC.
  • h) Automated decisions in individual cases, including profiling. Each person affected by the processing of personal data has the right granted by the European legislator not to be subjected to a decision based exclusively on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her, unless the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) is permitted by Union or Member State law to which the controller is subject, and this law contains suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, or (3) is made with the data subject's explicit consent.If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) is made with the data subject's explicit consent, AB-Tools GmbH shall take appropriate measures to safeguard the data subject's rights and freedoms and legitimate interests, including at least the right to obtain human intervention on the part of the controller. of the controller, to express his or her point of view and to contest the decision.If the data subject wishes to exercise rights with regard to automated individual decision-making, he or she may, at any time, contact any employee of the controller.
  • i) Right to withdraw consent to data protection law Any 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 any employee of the controller at any time.

8. Legal basis for processing

Art. 6 I lit. a GDPR serves our company as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary to fulfill a contract to which the data subject is a party, as is the case, for example, with processing operations necessary for the delivery of goods or the provision of other services or consideration, the processing is based on Art. 6 I lit. b GDPR. The same applies to processing operations that are necessary to carry out pre-contractual measures, for example in cases of enquiries about our products or services. If our company is subject to a legal obligation which requires the processing of personal data, such as to fulfill tax obligations, the processing is based on Art. 6 I lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance details or other vital information had to be passed on to a doctor, hospital or other third party. In this case, the processing would be based on Art. 6 I lit. d GDPR.
Ultimately, processing operations could be based on Art. 6 I lit. f GDPR. This legal basis is used for processing operations that are not covered by any of the aforementioned legal bases 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 do not prevail. We are permitted to carry out such processing operations in particular because they were specifically mentioned by the European legislator. In this respect, it was of the opinion that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47, Sentence 2 GDPR).

9. Legitimate interests in the processing pursued by the controller or a third party

If the processing of personal data is based on Article 6 I lit. f GDPR, our legitimate interest is the conduct of our business activities for the benefit of the well-being of all our employees and our shareholders.

10. Period for which the personal data will be stored

The criterion for the duration of storage of personal data is the respective statutory retention period. After expiry of the period, the corresponding data is routinely deleted unless it is no longer required for the performance or initiation of a contract.

11. Legal or contractual provisions for the provision of personal data; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of non-provision

We would like to inform you that the provision of personal data is partly required by law (e.g. tax regulations) or may also arise from contractual provisions (e.g. information on the contractual partner).
In order to conclude a contract, it may sometimes be necessary for a data subject to provide us with personal data, which must then 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 the data subject provides personal data, the data subject must contact one of our employees. Our employee will clarify to the data subject on a case-by-case basis whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and what consequences non-provision of the personal data would have.

12. Existence of automated decision-making

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

AB-SmartHouse

A project of AB-Tools GmbH.
Address: Marsstraße 78 · 80338 Munich · Germany
Telephone: +49 89 38898588 · Fax: +49 89 38898589
E-mail: info@ab-smarthouse.com

Managing Director: Andreas Breitschopp
Commercial Register HRB 202859 · Munich District Court
VAT ID DE268720895 · Munich Tax Office for Corporations
Grenke Bank AG · IBAN: DE49201304000060270139 · BIC: GREBDEH1XXX

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