Deutschland / Germany
Managing Director: Karlheinz Gelhardt
Telephone: +49 (0)6201 3995-50
Fax: +49 (0)6201 3995-22
District Court: Darmstadt
Registration number: HRB 91207
VAT no.: DE283488049
Responsible for content: Karlheinz Gelhardt
Terms and Conditions
The quotes, contracts, deliveries, and services of Invistra GmbH take place exclusively on the basis of these terms and conditions, unless agreed otherwise in individual contracts. The terms and conditions continue to apply, in addition to other terms and conditions, unless they are expressly amended or repealed by such.
Our range of services include:
- Planning, designing, producing, processing of audiovisual media, (e.g. video, TV and film productions and multimedia), as a whole or in part
- With the under a) listed performances of related services;
- Supply, rental, or procurement of equipment, premises, and personnel
- Design and delivery of live broadcasts, congress organization, and events
- With the under d) listed services in relation with partial services
- Distribution / Sales of Software
- Distribution / Sales of Hardware
3. Prices and Bids
Fees for the use of services of Invistra GmbH are governed by the applicable price list, unless otherwise agreed in written agreement. Invistra GmbH prices are calculated as net from the studio location in Birkenau, Germany plus applicable VAT, packaging, freight, insurance, customs, etc., unless otherwise agreed in writing. Prices quoted by Invistra GmbH are non-binding estimates and are subject to change without notice. Furthermore, all offers, bids, acceptances, and orders must be in writing and are subject to acceptance and confirmation by Invistra GmbH. The same applies to additions, modifications, or subsidiary agreements. Unless otherwise indicated, Invistra GmbH is bound to the prices contained in its bids for 30 days from the bid date.
Decisive are the prices referred to in the written order confirmation of Invistra GmbH. Additional efforts and services will be charged separately. Prices for technical equipment do not include staff and material costs. The operation of all technical equipment of Invistra GmbH is exclusively performed by our staff. Only in rare occasions is it possible to rent equipment without personnel.
Material and labor costs are invoiced separately.
The minimum charge for personnel and technical equipment is one hour; partial hours will be charged as a full hour.
A working shift constitutes 8 hours. Preparation, set-up, and travel times are regarded as working hours.
Overtime and night hours on weekdays are subject to a 50% surcharge to the standard hourly or day rate. For Sunday and holiday hours, a 100% surcharge is added to the hourly or daily rate. The calculation period for daily allowances and accommodation costs begins with the departure from the Invistra GmbH office location and ends with the arrival at the Invistra GmbH office location. Delays caused by the client are billable to the client.
4. Concept and Design
If Invistra GmbH provides the concept and design services (exposé, treatment, storyboard, script) to their service offers for a project order that is not continued or completed, the client shall bear the cost of such effort.
For canceled orders for which Invistra GmbH has already rendered services, the client will be charged a pro-rated fee.
5. User Rights
After the payment of the final invoice, the client acquires the usage rights to the contractual items for the types of use, the period, the target audience, and the area as set out and listed in each individual contract, quote, order confirmation, or in the concept.
Invistra GmbH assumes that the client owns all rights to the works delivered by the client to Invistra GmbH for processing or administration. The client shall immediately release Invistra GmbH from all third party claims for infringement of copyright or other rights of third parties that may be asserted due to the processing carried out by the Invistra GmbH as a contractor, and the client shall be responsible, and shall promptly reimburse Invistra GmbH, for all legal costs related to the defense of any such claim.
All copyright, neighboring rights, user and license rights to the services or any partially performed services remain with Invistra GmbH, unless expressly agreed otherwise in writing.
7. Use of music and GEMA
Unless an individual contract agreed otherwise, Invistra GmbH acquires the rights for the use of music.
The client pays for all performing rights (GEMA). It is understood that Invistra GmbH reports GEMA on behalf of the client.
8. Payment Terms and Conditions
Compensation for work, reimbursements, salaries, allowances and expenses are in accordance with the industry average production sections.
1/2 with order placement
1/2 upon delivery
Payable within 14 days of the invoice date.
9. Retention of Title
The ownership of our services will remain with Invistra GmbH until full payments to Invistra GmbH are made. The purchaser is entitled for compensation, retention or reduction, even if complaints or counterclaims are made valid, only if the counterclaims have been legally established or are undisputed.
10. Transfer of Risk
All risk passes to the customer as soon as any shipment has been handed over to the person performing the transport or any shipment has been dispatched from the Invistra GmbH office location.
Invistra GmbH assumes no liability for externally procured parts and unchanged parts and assigns its own warranty claims against the respective supplier to the customer.
In case of defects, Invistra GmbH is entitled, at their own discretion, to either rectify a defect, authorize a credit, or supply a defect-free part or service.
Certain properties within the Invistra GmbH services are not guaranteed.
Master tapes are, unless otherwise agreed, kept for a period of two years after approval of the project.
Production tapes (raw material) will be deleted after acceptance of the project.
12. Claims for damages
Claims for damages due to the impossibility of performance, positive breach, and negligence in contract and in tort are excluded both against the client, as well as against its vicarious agents, unless intentional or grossly negligent acts are presented.
If already scheduled and booked orders are postponed or canceled, Invistra GmbH is entitled to charge default fees and cancellation expenses.
13. Transmission Technology
In case of microwave or laser transmission, Invistra GmbH assumes no liability in case of failure due to weather conditions or technical failure.
14. Sales / Distribution
The conditions for our goods are non-binding and subject to change. Our presentation of goods in catalogs, advertising brochures, in our shops or the Internet are not a trade offer, but a non-binding invitation to the customer to make an offer of a contract or to order the goods. Technical and other changes in shape, color or weight are reserved within reasonable limits.
The customer is bound to their order (contract offer) for three weeks.
The contract comes about by acceptance of the order by Invistra GmbH, through the fulfillment of the contract by Invistra GmbH, but at the latest three weeks after the order date if we have not rejected in writing the contract offer by then.
Invistra GmbH is entitled to reject orders or limit the order to a household amount in any case- such as examining the creditworthiness of the customer - for example.
Invistra GmbH is also entitled to accept the order only after a reasonable down payment has occured. In this case, the contract is only valid if the customer has made the down payment or has agreed to it.
The conclusion of a contract is subject to the reservation that delivery will not be made or will be made only in part in the event that the supplier does not receive correct and proper delivery from its own supplier. This only applies when non-delivery is not our responsibility. The customer shall be notified without delay in the event the delivery is not available or is available only in part. Any consideration already paid will be refunded to the customer immediately.
We are entitled to withdraw the contract if there is an indication that the customer cannot meet its payment obligations. This is especially true in case of insolvency and / or open insolvency proceedings.
15. Prices – Payment
The purchasing price is binding. The price lists statutory value added tax separately. Delivery and installation are not included in the price, unless specific provisions have been made. In case of a special offer, the quoted price applies and is limited to the special offer.
Price changes are permissible if the period between the signing of the contract and the agreed delivery date exceeds four months. If there is a change in price for wages, materials and goods cost, Invistra GmbH reserves the right to change the price according to the cost increases or cost reductions. The customer is only entitled to withdraw if the price increase exceeds 5%.
Prices in catalogs, promotional brochures and Internet shop only apply for the indicated period.
The purchase price is due at the latest on receipt of the goods or upon delivery and without discount deductions, unless otherwise agreed. If the customer does not pay within 10 days of receipt of the product, he falls into arrears. The statutory regulations concerning the consequences of default apply. In addition, Invistra GmbH is entitled to charge an amount of € 5 for each payment reminder.
The customer shall retain the right to compensation only when his counterclaims have been legally established or acknowledged by us. The customer can exercise his right of retention only when his counterclaim is based on the same contract.
16. Performance Time
If the requested goods are not available, the delivery / provision of the goods occurs immediately after we receive the supplies. An agreed delivery date is subject to timely self-delivery. In case of a delivery delay, we will notify the customer immediately. We are entitled for partial deliveries.
As far as the assertion of rights of the customer requires the setting of a reasonable grace period, the amount of this is at least two weeks.
17. Retention of Title
For consumers, we retain title to the goods until full payment of the purchase price.
For entrepreneurs, we reserve the ownership to the goods until full settlement of all claims from an ongoing business relationship. If the value of the goods exceeds the secured claims from the ongoing business relationship by 20%, we are obliged to release the retained goods at the request of the entrepreneur.
The customer is obliged to handle the goods during the period of retention of title with due care and to inform us in writing immediately of any third party access to the goods, especially foreclosure measures as well as of any damage or destruction of the goods. The customer must notify us immediately if a change in ownership of the merchandise or a change of address occurs. The customer shall reimburse us for all damages and costs incurred to the goods by a breach of these obligations and the necessary intervention measures against access by third parties to the goods.
We are entitled to withdraw the contract and reclaim the goods if a breach of contract by the customer occurs, especially in case of payment default. In addition, we are entitled, in the event of a breach of any obligation under paragraph 2, to withdraw from the contract and reclaim the goods if we adhere that the contract is no longer reasonable.
The entrepreneur is entitled to resell the goods in the ordinary course of business. The customer assigns to us all claims in the amount of the commercial invoice, which are resulting from the resale to its customers or third parties. We accept the transfer. After the transfer, the entrepreneur is entitled to collect the claims. We reserve the right to collect the claims ourselves, if the entrepreneur does not meet his payment obligations to us and falls into arrears.
18. Transfer of Risk
For consumers, the risk of accidental loss or accidental deterioration of the sold goods also in the event of a delivery applies once the handover of the goods to the consumer has occurred.
For businesses, the risk of accidental loss and accidental deterioration shall pass over to the customer at the time the products are surrendered to the contract carrier, the common freight carrier or to the person or company engaged in the transportation of the products.
Delivery shall be deemed to have occurred also when the customer is in default of acceptance.
Consumers have the choice of whether subsequent fulfillment of defective product shall be cured by repair or replacement. We are entitled to refuse the type of remedy if it is only possible with disproportionate costs and the other type of remedy is without significant disadvantages for the consumer.
For entrepreneurs, we choose to warranty for defective goods by either repair or replacement.
If the attempt to rectify is unsuccessful, the customer may demand reduction of purchase price, cancellation of the contract (withdrawal) or compensation. With only minor defects, the customer has no right of withdrawal. If the customer chooses compensation, the following limitations of liability apply.
Consumers have to notify us of obvious defects in writing within 2 months after receipt of the goods; otherwise the assertion of any warranty claims is excluded.
Entrepreneurs must inspect the goods immediately upon delivery for quality and quantity discrepancies and notify us of obvious defects within a period of one week from receipt of the goods; otherwise no warranty claims are accepted. Hidden defects must be reported to us in writing within a period of one week from discovery. Prompt dispatch shall be sufficient to meet this deadline. The entrepreneur bears the full burden of proof for all claims, in particular for the defect itself, for the time of discovery of the defect and for the timeliness of the complaint.
For consumers, the warranty period is two years from receipt of the goods. For entrepreneurs, the warranty period is one year from receipt of goods.
Guarantees in the legal sense are not provided by Invistra GmbH. Manufacturer warranties remain unaffected.
20. Limitations of Liability
In the case of any breach of duty caused by minor negligence, our liability and that of our agents is limited to the direct average loss or damage which is foreseeable and typical of the type of contract concerned.
In the case of slightly negligent breaches of duty of non-essential contractual obligations, with which the breach does not jeopardize the execution of the contract, neither we nor our agents are liable. The preceding limitations of liability do not apply to warranty claims and / or product liability claims. The limitations of liability further do not apply to bodily injury and damage to the health or the loss of life of the customer.
21. Final Provisions
Unless otherwise provided in this contract, place of performance and payment is our registered office location.
22. Supplementary provisions
For all agreements, the statutory provisions of the Civil Code apply concerning the contract for work, the work performance agreement, and the legal requirements of copyright and license, unless other arrangements have been made in these terms and conditions.
If any provision in these Terms and Conditions or a provision under other agreements is or becomes invalid, this shall not affect the validity of all other provisions or agreements.
These terms and conditions and the entire legal relationship between contractor and client abides to the laws of the Federal Republic of Germany.
To the extent permitted by law, Birkenau is exclusively the jurisdiction for all disputes arising from the contractual relationships.
If the customer is a merchant, legal entity under public law or public special assets, exclusive jurisdiction is our registered office in Birkenau for all disputes arising from this contract.
We are very delighted that you have shown interest in our enterprise. Data protection is of a particularly high priority for the management of the Invistra GmbH. The use of the Internet pages of the Invistra GmbH 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 statutory basis for such processing, we generally obtain consent from 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 the Invistra 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, by means of this data protection declaration, of the rights to which they are entitled.
As the controller, the Invistra GmbH 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 may in principle have security gaps, so absolute protection may not be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means, e.g. by telephone.
The data protection declaration of the Invistra 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 legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used.
In this data protection declaration, we use, inter alia, the following terms:
a) Personal data
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 physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
b) Data subject
Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.
Processing 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, 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 processing in the future.
Profiling means 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.
Pseudonymisation 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 attributed to an identified or identifiable natural person.
g) Controller or controller responsible for the processing
Controller or controller responsible for the 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 nomination may be provided for by Union or Member State law.
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
Recipient is a natural or legal person, public authority, agency or another body, to which the 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 regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
j) Third party
Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
Consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
2. Name and Address of the controller
Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:
Tel.: +49 (0)6201 3995-50
The data subject may, at any time, prevent the setting of cookies through our website by means of a corresponding setting of the Internet browser used, and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be entirely usable.
4. Collection of general data and information
The website of the Invistra GmbH collects a series of general data and information when a data subject or automated system calls up the website. This general data and information are stored in the server log files. Collected may be (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, (5) the date and time of access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.
When using these general data and information, the Invistra GmbH does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, the Invistra GmbH analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to 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. Registration on our website
The data subject has the possibility to register on the website of the controller with the indication of personal data. Which personal data are transmitted to the controller is determined by the respective input mask used for the registration. The personal data entered by the data subject are collected and stored exclusively for internal use by the controller, and for his own purposes. The controller may request transfer to one or more processors (e.g. a parcel service) that also uses personal data for an internal purpose which is attributable to the controller.
By registering on the website of the controller, the IP address—assigned by the Internet service provider (ISP) and used by the data subject—date, and time of the registration are also stored. The storage of this data takes place against the background that this is the only way to prevent the misuse of our services, and, if necessary, to make it possible to investigate committed offenses. Insofar, the storage of this data is necessary to secure the controller. This data is not passed on to third parties unless there is a statutory obligation to pass on the data, or if the transfer serves the aim of criminal prosecution.
The registration of the data subject, with the voluntary indication of personal data, is intended to enable the controller to offer the data subject contents or services that may only be offered to registered users due to the nature of the matter in question. Registered persons are free to change the personal data specified during the registration at any time, or to have them completely deleted from the data stock of the controller.
The data controller shall, at any time, provide information upon request to each data subject as to what personal data are stored about the data subject. In addition, the data controller shall correct or erase personal data at the request or indication of the data subject, insofar as there are no statutory storage obligations. The entirety of the controller’s employees are available to the data subject in this respect as contact persons.
6. Subscription to our newsletters
On the website of the Invistra GmbH, users are given the opportunity to subscribe to our enterprise's newsletter. The input mask used for this purpose determines what personal data are transmitted, as well as when the newsletter is ordered from the controller.
The Invistra GmbH informs its customers and business partners regularly by means of a newsletter about enterprise offers. The enterprise's newsletter may only be received by the data subject if (1) the data subject has a valid e-mail address and (2) the data subject registers for the newsletter shipping. A confirmation e-mail will be sent to the e-mail address registered by a data subject for the first time for newsletter shipping, for legal reasons, in the double opt-in procedure. This confirmation e-mail is used to prove whether the owner of the e-mail address as the data subject is authorized to receive the newsletter.
During the registration for the newsletter, we also store the IP address of the computer system assigned by the Internet service provider (ISP) and used by the data subject at the time of the registration, as well as the date and time of the registration. The collection of this data is necessary in order to understand the (possible) misuse of the e-mail address of a data subject at a later date, and it therefore serves the aim of the legal protection of the controller.
The personal data collected as part of a registration for the newsletter will only be used to send our newsletter. In addition, subscribers to the newsletter may be informed by e-mail, as long as this is necessary for the operation of the newsletter service or a registration in question, as this could be the case in the event of modifications to the newsletter offer, or in the event of a change in technical circumstances. There will be no transfer of personal data collected by the newsletter service to third parties. The subscription to our newsletter may be terminated by the data subject at any time. The consent to the storage of personal data, which the data subject has given for shipping the newsletter, may be revoked at any time. For the purpose of revocation of consent, a corresponding link is found in each newsletter. It is also possible to unsubscribe from the newsletter at any time directly on the website of the controller, or to communicate this to the controller in a different way.
The newsletter of the Invistra GmbH contains so-called tracking pixels. A tracking pixel is a miniature graphic embedded in such e-mails, which are sent in HTML format to enable log file recording and analysis. This allows a statistical analysis of the success or failure of online marketing campaigns. Based on the embedded tracking pixel, the Invistra GmbH may see if and when an e-mail was opened by a data subject, and which links in the e-mail were called up by data subjects.
Such personal data collected in the tracking pixels contained in the newsletters are stored and analyzed by the controller in order to optimize the shipping of the newsletter, as well as to adapt the content of future newsletters even better to the interests of the data subject. These personal data will not be passed on to third parties. Data subjects are at any time entitled to revoke the respective separate declaration of consent issued by means of the double-opt-in procedure. After a revocation, these personal data will be deleted by the controller. The Invistra GmbH automatically regards a withdrawal from the receipt of the newsletter as a revocation.
8. Contact possibility via the website
The website of the Invistra GmbH contains information that enables a quick electronic contact to our enterprise, as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the controller by e-mail 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 data controller are stored for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third parties.
9. Routine erasure and blocking of personal data
The data controller shall process and store the 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 to.
If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.
10. Rights of the data subject
a) Right of confirmation
Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact any employee of the controller.
b) Right of access
Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:
- the purposes of the processing;
- the categories of personal data concerned;
- 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 the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing;
- the existence of the right to lodge a complaint with a supervisory authority;
- where the personal data are not collected from the data subject, any available information as to their source;
- the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the 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 shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.
If a data subject wishes to avail himself of this right of access, he or she may, at any time, contact any employee of the controller.
c) Right to rectification
Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact any employee of the controller.
d) Right to erasure (Right to be forgotten)
Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:
- The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
- The data subject withdraws consent to 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 Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
- The personal data have been unlawfully processed.
- The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
- The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.
If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by the Invistra GmbH, he or she may, at any time, contact any employee of the controller. An employee of Invistra GmbH shall promptly ensure that the erasure request is complied with immediately.
Where the controller has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. An employees of the Invistra GmbH will arrange the necessary measures in individual cases.
e) Right of restriction of processing
Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following 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 and the data subject opposes the erasure of the personal data and requests instead the restriction of their use instead.
- The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
- The data subject has objected to processing pursuant to Article 21(1) of the 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 the Invistra GmbH, he or she may at any time contact any employee of the controller. The employee of the Invistra GmbH will arrange the restriction of the processing.
f) Right to data portability
Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not 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 Article 20(1) of the GDPR, the data subject shall have the right to have 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.
In order to assert the right to data portability, the data subject may at any time contact any employee of the Invistra GmbH.
g) Right to object
Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.
The Invistra GmbH shall 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 the Invistra 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 concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to the Invistra GmbH to the processing for direct marketing purposes, the Invistra 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 by the Invistra GmbH for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
In order to exercise the right to object, the data subject may contact any employee of the Invistra GmbH. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.
h) Automated individual decision-making, including profiling
Each data subject shall have the right granted by the European legislator 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, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, or (3) is not based on 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 a data controller, or (2) it is based on the data subject's explicit consent, the Invistra GmbH shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.
If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may, at any time, contact any employee of the Invistra GmbH.
i) Right to withdraw data protection consent
Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time.
If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact any employee of the Invistra GmbH.
11. Data protection for applications and the application procedures
The data controller shall collect and process the personal data of applicants for the purpose of the processing of the application procedure. The processing may also be carried out electronically. This is the case, in particular, if an applicant submits corresponding application documents by e-mail or by means of a web form on the website to the controller. If the data controller concludes an employment contract with an applicant, the submitted data will be stored for the purpose of processing the employment relationship in compliance with legal requirements. If no employment contract is concluded with the applicant by the controller, the application documents shall be automatically erased two months after notification of the refusal decision, provided that no other legitimate interests of the controller are opposed to the erasure. Other legitimate interest in this relation is, e.g. a burden of proof in a procedure under the General Equal Treatment Act (AGG).
12. Data protection provisions about the application and use of YouTube
On this website, the controller has integrated components of YouTube. YouTube is an Internet video portal that enables video publishers to set video clips and other users free of charge, which also provides free viewing, review and commenting on them. YouTube allows you to publish all kinds of videos, so you can access both full movies and TV broadcasts, as well as music videos, trailers, and videos made by users via the Internet portal.
The operating company of YouTube is YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, UNITED STATES. The YouTube, LLC is a subsidiary of Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, UNITED STATES.
With each call-up to one of the individual pages of this Internet site, which is operated by the controller and on which a YouTube component (YouTube video) was integrated, the Internet browser on the information technology system of the data subject is automatically prompted to download a display of the corresponding YouTube component. Further information about YouTube may be obtained under https://www.youtube.com/yt/about/en/. During the course of this technical procedure, YouTube and Google gain knowledge of what specific sub-page of our website was visited by the data subject.
If the data subject is logged in on YouTube, YouTube recognizes with each call-up to a sub-page that contains a YouTube video, which specific sub-page of our Internet site was visited by the data subject. This information is collected by YouTube and Google and assigned to the respective YouTube account of the data subject.
YouTube and Google will receive information through the YouTube component that the data subject has visited our website, if the data subject at the time of the call to our website is logged in on YouTube; this occurs regardless of whether the person clicks on a YouTube video or not. If such a transmission of this information to YouTube and Google is not desirable for the data subject, the delivery may be prevented if the data subject logs off from their own YouTube account before a call-up to our website is made.
YouTube's data protection provisions, available at https://www.google.com/intl/en/policies/privacy/, provide information about the collection, processing and use of personal data by YouTube and Google.
13. Payment Method: Data protection provisions about the use of PayPal as a payment processor
On this website, the controller has integrated components of PayPal. PayPal is an online payment service provider. Payments are processed via so-called PayPal accounts, which represent virtual private or business accounts. PayPal is also able to process virtual payments through credit cards when a user does not have a PayPal account. A PayPal account is managed via an e-mail address, which is why there are no classic account numbers. PayPal makes it possible to trigger online payments to third parties or to receive payments. PayPal also accepts trustee functions and offers buyer protection services.
The European operating company of PayPal is PayPal (Europe) S.à.r.l. & Cie. S.C.A., 22-24 Boulevard Royal, 2449 Luxembourg, Luxembourg.
If the data subject chooses "PayPal" as the payment option in the online shop during the ordering process, we automatically transmit the data of the data subject to PayPal. By selecting this payment option, the data subject agrees to the transfer of personal data required for payment processing.
The personal data transmitted to PayPal is usually first name, last name, address, email address, IP address, telephone number, mobile phone number, or other data necessary for payment processing. The processing of the purchase contract also requires such personal data, which are in connection with the respective order.
The transmission of the data is aimed at payment processing and fraud prevention. The controller will transfer personal data to PayPal, in particular, if a legitimate interest in the transmission is given. The personal data exchanged between PayPal and the controller for the processing of the data will be transmitted by PayPal to economic credit agencies. This transmission is intended for identity and creditworthiness checks.
PayPal will, if necessary, pass on personal data to affiliates and service providers or subcontractors to the extent that this is necessary to fulfill contractual obligations or for data to be processed in the order.
The data subject has the possibility to revoke consent for the handling of personal data at any time from PayPal. A revocation shall not have any effect on personal data which must be processed, used or transmitted in accordance with (contractual) payment processing.
The applicable data protection provisions of PayPal may be retrieved under https://www.paypal.com/us/webapps/mpp/ua/privacy-full.
14. Payment Method: Data protection provisions about the use of Sofortüberweisung as a payment processor
On this website, the controller has integrated components of Sofortüberweisung. Sofortüberweisung is a payment service that allows cashless payment of products and services on the Internet. Sofortüberweisung is a technical procedure by which the online dealer immediately receives a payment confirmation. This enables a trader to deliver goods, services or downloads to the customer immediately after ordering.
The operating company of Sofortüberweisung is SOFORT GmbH, Fußbergstraße 1, 82131 Gauting, Germany.
If the data subject chooses "immediate transfer" as the payment option in our online shop during the ordering process, the data of the data subject will be transmitted to Sofortüberweisung. By selecting this payment option, the data subject agrees to the transmission of personal data required for payment processing.
In the case of purchase processing via direct transfer, the buyer sends the PIN and the TAN to Sofort GmbH. Sofortüberweisung then carries out a transfer to the online merchant after technical verification of the account status and retrieval of additional data to check the account assignment. The online trader is then automatically informed of the execution of the financial transaction.
The personal data exchanged with Sofortüberweisung is the first name, last name, address, email address, IP address, telephone number, mobile phone number, or other data necessary for payment processing. The transmission of the data is aimed at payment processing and fraud prevention. The controller shall immediately transfer other personal data, even if a legitimate interest in the transmission exists. The personal data exchanged between Sofortüberweisung and the controller shall be transmitted by Sofortüberweisung to economic credit agencies. This transmission is intended for identity and creditworthiness checks.
Sofortüberweisung provides personal data to affiliated companies and service providers or subcontractors as far as this is necessary for the fulfillment of contractual obligations or data in order to be processed.
The data subject has the possibility to revoke the consent to the handling of personal data at any time from Sofortüberweisung. A revocation shall not have any effect on personal data which must be processed, used or transmitted in accordance with (contractual) payment processing.
The applicable data protection provisions of Sofortüberweisung may be retrieved under https://www.sofort.com/eng-DE/datenschutzerklaerung-sofort-gmbh/.
15. Legal basis for the processing
Art. 6(1) lit. a GDPR serves 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 for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. Is our company subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1) lit. d GDPR. Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).
16. The legitimate interests pursued by the controller or by a third party
Where the processing of personal data is based on Article 6(1) lit. f GDPR our legitimate interest is to carry out our business in favor of the well-being of all our employees and the shareholders.
17. Period for which the personal data will be stored
The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.
18. Provision of personal data as statutory or contractual requirement; Requirement necessary to enter into a contract; Obligation of the data subject to provide the personal data; possible consequences of failure to provide such data
We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject must contact any employee. The employee clarifies to the data subject 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 the consequences of non-provision of the personal data.
19. Existence of automated decision-making
As a responsible company, we do not use automatic decision-making or profiling.
Limitation of liability for internal content
The content of our website has been compiled with meticulous care and to the best of our knowledge. However, we cannot assume any liability for the up-to-dateness, completeness or accuracy of any of the pages.
Pursuant to section 7, para. 1 of the TMG (Telemediengesetz – Tele Media Act by German law), we as service providers are liable for our own content on these pages in accordance with general laws. However, pursuant to sections 8 to 10 of the TMG, we as service providers are not under obligation to monitor external information provided or stored on our website. Once we have become aware of a specific infringement of the law, we will immediately remove the content in question. Any liability concerning this matter can only be assumed from the point in time at which the infringement becomes known to us.
Limitation of liability for external links
Our website contains links to the websites of third parties („external links“). As the content of these websites is not under our control, we cannot assume any liability for such external content. In all cases, the provider of information of the linked websites is liable for the content and accuracy of the information provided. At the point in time when the links were placed, no infringements of the law were recognisable to us. As soon as an infringement of the law becomes known to us, we will immediately remove the link in question.
The content and works published on this website are governed by the copyright laws of Germany. Any duplication, processing, distribution or any form of utilisation beyond the scope of copyright law shall require the prior written consent of the author or authors in question.