Encoding Management Service

Privacy policies

Thank you for visiting our website. By way of the remarks below we wish to inform you of the data processing that takes place when you visit and use our website.

I. Controller/ data protection officer

The controller, as defined by the relevant data protection regulations, is:

Encoding Management Service - EMS GmbH
Bismarkstr. 48a
D - 51373 Leverkusen
Telephone: +49 (0)214 / 892219-0
Fax: +49 (0) 214 / 892219-49
E-mail:
represented by the managing directors: Marc Radermacher und Irmin Wiechmann

The external data protection officer is
the attorney Ms Nina Hiddemann
Am Römerturm 1
50667 Köln
Telephone: 0221 /200 51 76
Fax: 0221/ 200 51 77
E-mail: recht[at]hiddemann.de

II. General remarks concerning data processing

  1. Scope of processing of personal data

    We collect and use personal data of our users, as a matter of principle, only insofar as necessary

    • to host a functional website
    • to perform our services
  2. Legal basis for processing personal data

    The list below gives an overview of the provisions of the EU General Data Protection Regulation (GDPR) governing the lawfulness of processing personal data:

    The processing of personal data is lawful

    • on the basis of Art. 6 (1) Letter a GDPR if the data subject has given consent;
    • on the basis of Art. 6 (1) Letter b GDPR if necessary for the performance of a contract to which the data subject is party;
    • on the basis of Art. 6 (1) Letter b GDPR if necessary in order to take steps prior to entering into a contract;
    • on the basis of Art. 6 (1) Letter c GDPR if necessary for compliance with a legal obligation to which we are subject;
    • on the basis of Art. 6 (1) Letter d GDPR if necessary in order to protect the vital interests of the data subject or of other natural persons;
    • on the basis of Art. 6 (1) Letter f GDPR if necessary for the purposes of a legitimate interest pursued by our company or by a third party, and such interest overrides the interests or fundamental rights and freedoms of the data subject.
  3. Data erasure and storage period

    As a general rule, we erase or block personal data as soon as storage ceases to serve a purpose. If we are obliged by law to hold data, such data are retained until expiry of the statutory retention period, when they are blocked or erased unless it is necessary to continue holding the data in order to conclude or perform a contract.

  4. Recipient of collected data

    The recipient of the data collected by way of the website is the named controller. Data are not transmitted to third countries.

  5. Necessity of disclosing personal data

    Visitors to our website are not obliged or required to disclose personal data either by contract or by law.

  6. Profiling

    We do not engage in any profiling or automated decision-making whatsoever by way of our website.

III. Provisioning of the website and creation of log files

  1. Scope of data processing

    Every time our website is visited, our system automatically records data and information from the computer initiating the visit.

    The following data are collected on these occasions:

    • User's IP address
    • Date and time of access
    • Website from which the user initiated the visit

    The data are also stored in our system's log files (files that record all or certain events occurring on a computer system). The IP address is not stored in the log files. Furthermore, the forenamed data are not stored together with any of the user's other personal data.

  2. Legal basis for data processing

    The legal basis for the temporary storage of the data and log files is provided by Art. 6 (1) Letter f GDPR (our legitimate interest).

  3. Purpose of data processing

    It is necessary for the system to store the IP address temporarily in order to facilitate the display of the website on the user's computer. For this purpose the user's IP address has to be stored for the duration of the session.

    Data are stored in log files in order to ensure the proper functioning of the website. We likewise use the data to optimize the website and ensure the security of our information technology systems.

    These purposes also substantiate our legitimate interest in data processing pursuant to Art. 6 (1) Letter f GDPR. Given that we are unable readily to infer anything about a natural person on the basis of an IP address, and that an IP address is not sensitive information, is erased immediately after a visit to the website, and is needed by us in order to offer our website, our interest overrides that of the data subject.

  4. Duration of storage

    The collected data are erased as soon as they are no longer needed to achieve the purpose for which they were collected (provisioning of a website).

  5. Ability to object and have removed

    A compelling need exists both to record the data in order to provision the website, and to save the data in order to operate the website. In consequence the user is unable to object.

IV. Cookies

  1. Scope of data processing

    Our website uses cookies that are required for technical reasons. Cookies are text files that are saved in the user's internet browser or by the internet browser on the user's computer system. When a user visits a website, a cookie can be saved in his operating system. This cookie contains a distinctive character string which unmistakably identifies the browser when the website is revisited.

    The session cookies we use are _utma and _utmz.

  2. Legal basis

    The legal basis is provided by Art. 6 (1) Letter f GDPR.

  3. Purpose of data processing

    The forenamed cookies serve the purpose of identifying a session, and save the relevant session ID. They ensure that all the functions of the website can be properly displayed. This also substantiates our legitimate interest in both use and data collection.

  4. Duration of storage, ability to object

    The cookies are automatically erased upon the ending of the session. Irrespective of this action, you can prevent cookies from being installed by selecting the appropriate settings in your browser software. If you block cookies, however, you may be unable to use the full scope of the website's functionality.

V. E-mail contact

  1. Scope of data processing

    Our website enables you to contact us by way of an E-mail address provided for that purpose. If you use this option, your personal data transmitted with the e-mail are stored. The data are used exclusively for processing the conversation or inquiry.

  2. Legal basis for data processing

    The legal basis for processing the data transmitted with an e-mail is provided by Art. 6 (1) Letter f GDPR. If the contact is made with a view to concluding a contract, Art. 6 (1) Letter b GDPR provides a further legal basis for processing.

  3. Purpose of data processing

    We process the personal data transmitted when you contact us by e-mail solely to deal with the communication and your inquiry. This also substantiates our legitimate interest. Given that you initiate the e-mail contact and thus exercise your discretion, and that we give you prior notice of how we treat the transmitted data, our legitimate interest overrides your personal rights.

  4. Duration of storage

    The data are erased as soon as they are no longer needed to achieve the purpose for which they were collected. As regards the personal data transmitted by e-mail, this occurs when the relevant conversation with the user has ended. A conversation is deemed to have ended when the circumstances indicate that the matter in question has been conclusively resolved.

  5. Ability to object and have removed

    The user can object at any time to the storage of his personal data. In such a case, the conversation cannot be continued. The objection can be made by e-mail, post or fax. In such a case we erase all personal data that were stored in connection with the contact that was made.

    If data are collected within the framework of a contract, the ability to object does not exist because of the compelling need for the data in order to perform the contract.

VI. Rights of the data subject

If personal data of yours are processed, you are the data subject within the meaning of GDPR and you possess the following rights:

  1. Right of access

    You can demand confirmation from us as to whether or not personal data concerning you (hereinafter 'your data') are being processed.

    Where that is the case, you have the right to obtain from us access to the following information:

    1. the purposes for which your personal data are being processed;
    2. the categories of personal data that are being processed;
    3. the recipients or categories of recipient to whom your data have been or will be disclosed;
    4. the envisaged period for which your data will be stored or, if specific particulars cannot be provided, the criteria used to determine that period;
    5. the existence of a right to have your data rectified or erased, of a right to restrict our processing, or of a right to object to such processing;
    6. the existence of a right to lodge a complaint with a supervisory authority;
    7. where the personal data are not collected from the data subject, any available information as to their source;
    8. the existence of automated decision-making, including profiling pursuant to Art. 22 (1) and (4) GDPR and - at least in those cases - meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.

    You have the right to demand information as to whether or not your data are being transferred to a third country or to an international organization. In this connection you can demand to be informed of the appropriate safeguards pursuant to Article 46 GDPR relating to the transfer.

  2. Right to rectification

    If your data are inaccurate or incomplete, you have the right to have same rectified and/or made complete. In such a case we have to perform the rectification without undue delay.

  3. Right to restriction of processing

    Subject to the following preconditions, you can demand that the processing of your data be restricted:

    1. if you contest the accuracy of your data, but then only for a period enabling us to verify their accuracy;
    2. if our processing is unlawful and you oppose the erasure of your data by us and request that we restrict their use instead;
    3. if we no longer need your data for the purposes of the processing, but they are required by you for the establishment, exercise or defense of legal claims; or
    4. if you have objected to processing pursuant to Article 21 (1) GDPR, pending verification as to whether our legitimate grounds override yours.

    If the processing of your data has been restricted, they can - with the exception of their storage - be processed by us only 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 important public interest of the Union or of a Member State.

    If processing has been restricted pursuant to the forenamed preconditions, you are to be informed by us before the restriction is lifted.

  4. Right to erasure

    a) Obligation to erase You can demand that we erase your data without undue delay. We are obliged to erase these data without undue delay if one of the following grounds applies:

    1. Your data are no longer required for the purposes for which they were collected or otherwise processed.
    2. You withdraw your consent upon which the processing pursuant to Art. 6 (1) Letter a or Art. 9 (2) Letter a GDPR was based, and there is no other legal ground for processing.
    3. You object to the processing pursuant to Art. 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21 (2) GDPR.
    4. Your data have been unlawfully processed.
    5. Your data have to be erased for compliance with a legal obligation in Union or Member State law to which we are subject.
    6. Your data have been collected in relation to the offer of information society services referred to in Art. 8 (1) GDPR.

    b) Informing third parties If we have made your data public and are obliged pursuant to Art. 17 (1) GDPR to erase same, we shall take reasonable steps (including technical measures) to inform controllers which are likewise processing your data that you, as the data subject, have requested the erasure of any links to, or copy or replication of, those personal data.

    c) Exceptions The right to erasure shall not exist to the extent that processing is necessary

    1. for exercising the right of freedom of expression and information;
    2. for compliance with a legal obligation which requires processing by Union or Member State law to which we are subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in us;
    3. for reasons of public interest in the area of public health pursuant to Art. 9 (2) Letters (h) and (i) as well as Art. 9 (3) GDPR;
    4. for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes pursuant to Art. 89 (1) GDPR insofar as the right referred to in Clause a) is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
    5. for the establishment, exercise or defense of legal claims.
  5. Right to be notified

    If you have exercised the right requiring us to rectify or erase you data or to restrict processing, we are obliged to communicate the rectification or erasure of the data or restriction of processing to each recipient to whom your data have been disclosed, unless this proves impossible or involves disproportionate effort.

    You are entitled to be informed by us about those recipients.

  6. Right to data portability

    You have the right to receive your data from us in a structured, commonly used and machine-readable format. You also have the right to transmit those data to another controller without hindrance from us, provided that

    1. the processing is based on consent pursuant to Art. 6 (1) Letter a GDPR or Art. 9 (2) Letter a GDPR or on a contract pursuant to Art. 6 (1) Letter b GDPR; and
    2. the processing is carried out by automated means.

    In this respect you also have the right to have us transmit your data to another controller, insofar as technically feasible. The exercise of this right shall not, however, adversely affect the rights and freedoms of others.

    This right to data portability shall not apply to the processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in us.

  7. Right to object

    You have the right to object, on grounds relating to your particular situation, at any time to processing of your data which is based on Art. 6 (1) Letter e or f GDPR, including profiling based on those provisions.

    We shall no longer process your data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves the purpose of establishing, exercising or defending legal claims.

  8. Right to withdraw the declaration of consent relating to data protection law

    You have the right to withdraw at any time declarations of consent relating to data protection law that you have given to us. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.

  9. Right to lodge a complaint with a supervisory authority

    Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority if you consider that the processing of your data infringes data protection law.

    The supervisory authority with which the complaint has been lodged shall inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Art. 78 GDPR.

Information correct as of May 2018