Data Privacy Statement

I. Name and address of controller

The controller in the sense of the General Data Protection Regulation (GDPR) and other national data protection laws of the member states as well as any other stipulations pertaining to legal data protection is:

Duisburger Hafen AG
Harbor number 3650
Alte Ruhrorter Straße 42-52
47119 Duisburg
Germany
Telephone: +49 203 803-0
E-mail: mail@duisport.de

II. Name and address of data protection officer

The data protection officer of the controller is:

Klaus Keukert
Cancom
Florinstraße 18
56218 Mülheim-Kärlich
Germany
Telephone: +49 261 92736-0
E-mail: datenschutz@duisport.de

III. General information on data processing

1. Scope of processing of personal data

We collect and use personal data pertaining to our users only where this is required in order to provide a functioning Website and to make our content and services available. The collection and use of personal data pertaining to our users generally takes place only with the consent of the user in question. An exception applies in cases where it is not possible to obtain prior consent for practical reasons and the processing of the data is permitted by legal stipulations.


2. Legal basis for the processing of personal data

Where we acquire the consent of the person in question for the processing of their personal data, Art. 6 Para. 1 a) of the EU GDPR shall form the legal basis.

In the case of the processing of personal data required in order to fulfill a contract where the person in question is our contract partner, Art. 6 Para. 1 b) of the GDPR shall form the legal basis. This shall also apply to processing that is required for the purpose of precontractual measures.

Where the processing of personal data is required in order to comply with a legal obligation on the part of our company, Art. 6 Para. 1 c) of the GDPR shall form the legal basis.

If the vital interests of the data subject or of another natural person require the processing of personal data, Art. 6 Para. 1 d) of the GDPR shall form the legal basis.

If processing is required in order to protect a legitimate interest of our company or of a third party, and as long as the interests, fundamental rights, and freedoms of the data subject do not override our own interests, Art. 6 Para. 1 f) of the GDPR shall form the legal basis for processing.


3. Data deletion and duration of storage

The personal data of the data subject shall be deleted or blocked once the purpose of its storage no longer applies. Storage may be continued in cases where this has been envisaged by European or national legislators in EU ordinances, laws, or other regulations to which the controller is subject. The blocking or deletion of the data shall also take place if the storage period prescribed by the specified norms expires unless it is necessary to retain the data in order to conclude or fulfill a contract.

IV. Provision of Website and creation of log files

1. Description and scope of data processing

Each time our Internet site is called, our system automatically collects information from the computer system of the calling computer.

The following data is collected:
(1) Browser type and version
(2) Used operating system
(3) Referrer URL
(4) Host name of the accessing computer
(5) Date and time of the server request
(6) IP address

This data is also stored in the log files of our system. This data is not stored together with other personal data of the user.


2. Legal basis for data processing

The legal basis for the temporary storage of the data and the log files is Art. 6 Para. 1 f) of the GDPR.


3. Purpose of data processing

The temporary storage of the IP address by the system is required in order to enable the delivery of the Website to the computer of the user. To enable this, the IP address of the user must be saved for the duration of the session.

This purpose also encompasses our legitimate interest in data processing as per Art. 6 Para. 1 f) of the GDPR.


4. Duration of storage

The data is deleted once it is no longer required in order to meet the purpose for which it was collected. If data is collected in order to provide the Website, this applies once the relevant session is complete.

If the data is stored in log files, this is the case once seven days have expired at the latest. It is possible for data to be stored for longer. In this case, the IP addresses of the user are deleted or anonymized so that it is no longer possible to associate them with the calling client.


5. Right to object and data elimination

The collection of the data for the provision of the Website and the storage of the data in log files are vital for the operation of the Internet site. As a result, there is no option for the user to object.

V. Use of cookies

a) Description and scope of data processing

Our Website uses cookies. Cookies are text files that are stored in the Web browser or by the Web browser on the computer system of the user. When a user calls a Website, a cookie can be stored in the operating system of the user. This cookie contains a characteristic set of characters that enables the unique identification of the browser when the Website is called again.

We use cookies to make our Website more user-friendly. Some elements of our Website make it necessary for the calling browser to be identified even after a page change.

The following data is stored and transferred in the cookies:
(1) Session ID
(2) Cookie consent status

On our Website, we also use cookies that enable an analysis of the surfing behavior of the user.
The following data can be transferred in this way.

__utma
Primary visitor information. A unique visitor ID, the data and time of the first visit, the time at which the active visit was started, and the total number of visits that a unique visitor has made to the Website are stored in this cookie.

The __utma cookie is a persistent cookie that has a validity of two years. The expiry date is updated upon each new visit. The cookie can also be completely deleted by means of manual removal.

__utmb
Google Analytics uses this cookie to note down whether a visit has expired and how deep a visitor moves in the Website. It stores the number of page views in the current visit and the start time of the current visit of a visitor.

The __utmb is a session (temporary) cookie and has a validity of just 30 minutes. Each page call updates it.

__utmc
This cookie is required for the backward compatibility of pages that use an urchin.js tracking code. This cookie expires when the browser is closed.

__utmv
Information from user-defined variables and user segments is stored in this cookie and transmitted to Google Analytics with the help of the GIF request using the parameter utmcc.

__utmx
This cookie is set only if the Google Website Optimizer is used and implemented correctly. The cookie stores information about which variant of a page or element the visitor in question has called.

__utmz
This cookie contains all visitor source information of the current visit, including information transmitted using campaign tracking parameters. This cookie also stores information about whether the visitor source of the last visit was different than the current one. If no information about the visitor source can be determined, the cookie is not modified. In this way, Google Analytics can associate visitor information such as conversions and e-commerce transactions with a visitor source. The cookie does not contain any historical information about previous visitor sources.

The user data collected in this way is pseudonymized by means of precautionary technical measures. As a result, it is no longer possible to associate the data with the calling user. The data is not stored together with other personal data pertaining to the user.

When our Website is called up, the user is informed about the use of cookies for analysis purposes and their consent to the processing of personal data used in this context is obtained. At this point, reference is also made to this data protection declaration.


b) Rechtsgrundlage für die Datenverarbeitung

The legal basis for the processing of personal data using technically required cookies is Art. 6 Para. 1 f) of the GDPR.

The legal basis for the processing of personal data using cookies for analysis purposes with the consent of the user is Art. 6 Para. 1 a) of the GDPR.


c) Purpose of data processing

The purpose of using technically required cookies is to simplify the use of Websites for users. Some functions on our Website cannot be offered without the use of cookies. For such functions, the browser still needs to be recognized even after a page change.

We require cookies for the following:
(1) Contact form
(2) Saving language settings
(3) Remembering search terms
(4) Displaying maps and views using Google Maps

The user data collected using technically required cookies is not used to create user profiles.

The use of analysis cookies aims to improve the quality of our Website and content. We use analysis cookies to find out how the Website is used, which allows us to constantly optimize our offering.

This purpose also encompasses our legitimate interest in the processing of personal data as per Art. 6 Para. 1 f) of the GDPR.


d) Duration of storage; right to object and data elimination

Cookies are stored on the computer of the user and are transmitted from there to our site. This means that you, as the user, also have full control of the use of cookies. You can change the settings in your Web browser to deactivate or restrict the transmission of cookies. Cookies that have already been saved can be deleted at any time. This can also be done in an automated fashion. If cookies are deactivated for our Website, it might not be possible to use the full scope of all of the functions of the Website.

VI. E-mail contact

1. Description and scope of data processing

Our Website enables contact to be made using the provided e-mail addresses. In such cases, the personal data of the user that is transmitted with the e-mail is saved.

This data is not passed to third parties. The data is used exclusively for the processing of the dialog.


2. Legal basis for data processing

The legal basis for the processing of data transmitted through the sending of an e-mail is Art. 6 Para. 1 f) of the GDPR. If the aim of the e-mail contact is to conclude a contract, Art. 6 Para. 1 b) of the GDPR is an additional legal basis for the processing of data.


3. Purpose of data processing

If contact is made by e-mail, this shall also constitute our required legitimate interest in the processing of the data.


4. Duration of storage

The data is deleted once it is no longer required in order to meet the purpose for which it was collected. For the personal data sent by e-mail, this is the case when the relevant dialog with the user has finished. The dialog is finished once the circumstances are such that it can be assumed that the matter in question has been definitively clarified.


5. Right to object and data elimination

The user can revoke their consent to the processing of personal data at any time. If the user makes e-mail contact with us, they can object to the storage of their personal data at any time. In such cases, dialog cannot be continued.

To revoke consent and object to the storage of data, please use the e-mail addresses specified in I. or II.

All personal data saved during the course of making contact is deleted in this case.

VII. Rights of data subject

If personal data pertaining to you is processed, you are the data subject in accordance with the GDPR, and you have the following rights vis à vis the controller:

1. Right to information

You can ask the controller to confirm whether personal data pertaining to you is processed by us.

If data processing of this kind does take place, you can ask the controller for the following information:
(1) The purposes for which the personal data is processed;
(2) The categories of personal data that are processed;
(3) The recipients or categories of recipients to whom your personal data is disclosed or will be disclosed;
(4) The planned duration of the storage or your personal data or, if concrete information about this is not possible, criteria for the definition of the duration of storage;
(5) The existence of the right to the correction or deletion of your personal data, right to restrict processing by the controller, and right to object to this processing;
(6) The right to lodge a complaint with a supervisory body;
(7) All available information about the origin of data if the personal data in question was not collected from the corresponding data subject;
(8) The existence of automated decision-making, including profiling, in accordance with Art. 22 Para. 1 and 4 of the GDPR and - at least in these cases - meaningful information about the logic involved as well as the significance and envisaged consequences of processing of this kind for the data subject.
You have the right to demand information about whether your personal data is transmitted to a third country or international organization. In this context, you can demand to be informed about the appropriate safeguards relating to the transmission in accordance with Art. 46 of the GDPR.


2. Right of rectification

You have the right to the rectification and/or completion of data by the controller in cases where your personal data is incorrect or incomplete. The controller must perform the rectification immediately.


3. Right to the restriction of processing

You can demand the restriction of the processing of your personal data in the following circumstances:
(1) If you contest the accuracy of your personal data, for a period that enables the controller to check the accuracy of the personal data;
(2) If the processing is unlawful and you decline the deletion of the personal data and request the restriction of its use, instead;
(3) If the controller no longer requires the personal data for the purposes of processing but you require the data for the establishment, exercise, or defense of legal claims or;
(4) If you have objected to processing in accordance with Art. 21 Para. 1 of the GDPR and it is not yet clear whether the legitimate grounds of the controller override your grounds.
If the processing of your personal data has been restricted, this data shall only be processed - with the exception of storage - with your consent or for the establishment, exercise, or defense of legal claims, or for the protection of the rights of another natural or legal person, or for reasons of the important public interest of the Union or of a member state.

If data processing has been restricted due to the aforementioned circumstances, you will be informed by the controller before this restriction is lifted.


4. Right to deletion

a) Right to deletion
You can demand the deletion of your personal data by the controller immediately, and the controller shall be obliged to delete this data immediately if one of the following grounds applies:
(1) Your personal data is no longer required for the purposes for which it was collected or otherwise processed.
(2) You revoke the consent on which processing is based in accordance with Art. 6 Para. 1 a) or Art. 9 Para. 2 a) of the GDPR, and there are no other legal grounds for processing.
(3) You object to processing in accordance with Art. 21 Para. 1 of the GDPR and there are no overriding legitimate grounds for processing, or you object to processing in accordance with Art. 21 Para. 2 of the GDPR.
(4) Your personal data has been processed unlawfully.
(5) The deletion of your personal data is required in order to comply with a legal obligation in accordance with Union law or a law of member states to which the controller is subject.
(6) Your personal data was collected in relation to offered information society services in accordance with Art. 8 Para. 1 of the GDPR.

b) Information disclosed to third parties
If the controller has made your personal data public and is obliged in accordance with Art. 17 Para. 1 to delete this data, the controller shall take reasonable steps, including technical measures, taking the available technology and implementation costs into account, to inform the controllers responsible for the processing of your personal data that you, as a data subject, have requested the deletion of all links to this personal data or of copies or replications of this personal data.

c) Exceptions
The right to deletion shall not apply if processing is required for the following reasons:
(1) To exercise the right to freedom of expression and information;
(2) To comply with a legal obligation that requires processing in accordance with Union or member state law to which the controller is subject or to perform a task that is in the public interest or to exercise a public authority vested in the controller;
(3) For reasons of public interest relating to health in accordance with Art. 9 Para. 2 h) and i) and Art. 9 Para. 3 of the GDPR;
(4) For archiving purposes that are in the public interest, scientific or historical research purposes, or statistical purposes in accordance with Art. 89 Para. 1 of the GDPR if the right specified in a) is likely to render impossible or seriously impair the realization of the purposes of this processing or;
(5) To establish, exercise, or defend legal claims.


5. Right to notification

If you have asserted the right to the rectification, deletion, or restriction of processing of personal data vis à vis the controller, the controller is obliged to inform all recipients to whom the personal data in question has been disclosed of the rectification or deletion of this data or of the restriction of processing thereof unless this is proven to be impossible or is associated with disproportionate effort.

You have the right to be informed about these recipients by the controller.


6. Right to data portability

You have the right to receive your personal data that you have provided to the controller in a structured, commonly used, and machine-readable format. You also have the right to transmit this personal data to another controller without impairment by the controller to whom the personal data was provided as long as:

(1) processing is based on consent in accordance with Art. 6 Para. 1 a) of the GDPR or Art. 9 Para. 2 a) of the GDPR or on a contract as per Art. 6 Para. 1 b) of the GDPR and;
(2) processing takes place with the help of an automated procedure.

Furthermore, in exercising this right, you shall also have the right for your personal data to be transmitted directly from one controller to another where this is technically feasible. This right shall not impair the freedoms and rights of other persons.

The right to data portability shall not apply for the processing of personal data that is required in order to perform a task that is in the public interest or to exercise a public authority vested in the controller.


7. Right to object

You have the right to object at any time and for reasons relating to your particular circumstances to the processing of your personal data in accordance with Art. 6 Para. 1 e) or f) of the GDPR; this also applies to profiling on the basis of these provisions.

The controller shall no longer process your personal data unless the controller is able to provide compelling legitimate grounds for processing that override your interests, rights, and freedoms, or if the processing is for the purpose of the establishment, exercising, or defense of legal claims.

If your personal data is processed in order to perform direct marketing, you have the right at any time to object to the processing of your personal data for this kind of marketing; this also applies to profiling where this is associated with direct marketing of this kind.

If you object to processing for direct marketing purposes, your personal data shall no longer be processed for these purposes.

In relation to the use of information society services, you have the option of exercising your right to object by automated means using technical specifications, notwithstanding Directive 2002/58/EC.


8. Right to revoke declaration of consent in accordance with data protection law

You have the right to revoke your consent under data protection law at any time. If you revoke consent, this shall not affect the legality of the processing that took place on the basis of the consent before it was revoked.


9. Automated individual decision-making including profiling

You have the right to not be subject to a decision based exclusively on automated processing - including profiling - that produces legal effects concerning you or that affects you significantly in a similar manner. This shall not apply if the decision:
(1) is necessary for the conclusion or fulfillment of a contract between you and the data controller;
(2) is permitted by legal stipulations of the Union or member states to which the controller is subject and that also contain appropriate measures for safeguarding your rights and freedoms as well as your legitimate interests;
(3) is based on your express consent.

However, these decisions shall not be based on special categories of personal data in accordance with Art. 9 Para. 1 of the GDPR unless Art. 9 Para. 2 a) or g) of the GDPR applies and appropriate measures to protect your rights and freedoms as well as your legitimate interests have been implemented.

With regard to the cases specified in (1) and (3), the controller shall implement appropriate measures to safeguard your rights and freedoms as well as your legitimate interests, including at least the right to obtain human intervention on the part of the controller, to express your point of view, and to contest the decision.


10. Right to complain to a supervisory authority

Without prejudice to any other administrative or judicial remedy, you shall 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 your personal data infringes upon the GDPR.

The supervisory authority with which the complaint has been logged shall inform the complainant about the progress and outcome of the complaint, including the possible of a judicial remedy in accordance with Art. 78 of the GDPR.

VIII. Objection to advertising e-mails

We hereby object to the use of contact data published as part of our duty to provide legal information in order to send unsolicited advertising and information material. The operators of our Web pages expressly reserve the right to take legal steps in the case of the unsolicited sending of advertising material in the form of spam e-mails, for example.

IX. Plug-ins and tools

Google Analytics  

This Website uses functions of the Google Analytics Web analysis service. The provider is Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.

Google Analytics uses "cookies". These are text files that are stored on your computer and enable the analysis of your use of our Website. The information generated by the cookie on your use of this Website is generally transmitted to a Google server in the USA and stored there.

The storage of Google Analytics cookies takes place on the basis of Art. 6 Para. 1 f) of the GDPR. The operator of the Website has a legitimate interest in the analysis of user behavior in order to optimize their Web offering and advertising.

IP anonymization 

We have activated the IP anonymization function on our Website. As a result, your IP is truncated by Google within member states of the European Union and in other states subject to the Agreement on the European Economic Area before being transmitted to the USA. The full IP address is only transmitted to a Google server in the USA and truncated there in exceptional circumstances. On behalf of the operator of this Website, Google uses this information to evaluate your usage of the Website, create reports on Website activities, and to render further services related to the usage of the Website and Internet for the Website operator. The IP address transmitted by your browser for Google Analytics is not associated with other Google data.

Browser plug-in 

You can prevent the storage of cookies by making a corresponding setting in your browser software; however, please note that if you do so, you might not be able to use the full scope of all of this Website's functions. You can also prevent the recording of the data generated by the cookie and relating to your usage of the Website (including your IP address) along with the processing of this data by Google by downloading and installing the browser plug-in available at the following link: https://tools.google.com/dlpage/gaoptout?hl=de.

Objection to data collection 

You can prevent the collection of your data by Google Analytics by clicking the following link. This sets an opt-out cookie that prevents the collection of your data when you visit this Website in the future:

[borlabs_cookie_opt_out tracking="google-analytics"]

For more information about the handling of user data for Google Analytics, see the Google data protection declaration: https://support.google.com/analytics/answer/6004245?hl=en.

Order data processing  

We have entered into an order data processing contract with Google, and apply the strict specifications of the German data protection authorities to their full extent for the use of Google Analytics.

Google Analytics Demographics

This Website uses the Google Analytics Demographics feature. This allows the creation of reports containing information on the age, gender, and interests of site visitors. This data comes from interest-based advertising by Google as well as visitor data from third-party providers. This data cannot be associated with a specific person. You can deactivate this function at any time in the display settings in your Google account or generally suppress the collection of your data by Google Analytics as described in the "Objection to data collection" section.

Google Maps

This site uses the Google Maps feature via an API. The provider is Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.

Your IP address must be saved to enable the use of Google Maps functions. This information is generally transmitted to a Google server in the USA and stored there. The provider of this site has no influence on this data transmission.

The use of Google Maps takes place in order to enable the appealing depiction of our online offerings and the quick findability of the places mentioned on our Website. This constitutes a legitimate interest as per Art. 6 Para. 1 f) of the GDPR.

For more information about the handling of user data, see the Google privacy policy at: https://policies.google.com/privacy?hl=en.

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