Legal Notes

Data Protection and Terms of Use of gam.org and related portals.

Data Protection & Terms of Use

DATA PROTECTION

Status: Jan 2022

The owner of the www. globalagrimonitor.org.com internet portal (and other like globalagrimonitor.org.org where this data protection information is provided) is gam GmbH, Schladen (hereinafter referred to as gam).

gam is aware of the significance and importance of personal data. We treat personal data confidentially and in accordance with the statutory data protection regulations and this privacy policy. Personal data is information with the help of which a person can be determined, i.e. information that can be traced back to a person. This includes, for example, the name, e-mail address or telephone number. But also data about preferences, hobbies or memberships belong to personal data.

The following is our company’s data protection declaration:

1. General information

1.1. Rights of the data subject

The applicable data protection law grants you comprehensive data protection rights (rights of information and intervention) vis-à-vis gam as the person responsible for processing your personal data, about which we inform you below:

1.1.1. Right of access

You can request confirmation from the person responsible as to whether personal data concerning you is being processed by us.
If such processing has taken place, you can request information from the data controller about the following:
1. the purposes for which the personal data are processed;
2. the categories of personal data which are processed;
3. the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;
4. the planned duration of storage of the personal data concerning you or, if it is not possible to give specific details, criteria for determining the duration of storage;
5. the existence of a right of rectification or erasure of personal data concerning you, a right to have the processing limited by the controller or a right to object to such processing;
6. the existence of a right of appeal to a supervisory authority;
7. any available information as to the source of the data where the personal data are not collected from the data subject;
8. the existence of automated decision-making, including profiling, in accordance with Article 22(1) and (4) of the DPO and, at least in these cases, meaningful information about the logic involved and the scope and intended impact of such processing on the data subject.
You have the right to request information as to whether the personal data concerning you are being transferred to a third country or to an international organisation. In this context, you may request to be informed of the appropriate safeguards pursuant to Article 46 of the DPA in connection with the transfer.

1.1.2. Right of rectification

You have the right to ask the data controller to correct and/or complete the data if the personal data processed concerning you is incorrect or incomplete. The data controller shall make the correction without delay.

1.1.3. Right to limit processing

Under the following conditions, you may request the restriction of the processing of personal data concerning you:
1. if you dispute the accuracy of the personal data concerning you for a period of time which enables the controller to verify the accuracy of the personal data;
2. the processing is unlawful and you object to the deletion of the personal data and instead request the restriction of the use of the personal data;
3. the controller no longer needs the personal data for the purposes of the processing, but you need the personal data in order to assert, exercise or defend legal claims; or
4. if you have lodged an objection to the processing in accordance with Article 21 (1) of the DPA and it has not yet been established whether the legitimate reasons given by the controller outweigh your reasons.
If the processing of personal data relating to you has been restricted, such data may be processed – apart from storage – only with your consent or for the purpose of asserting, exercising or defending legal claims or protecting the rights of another natural or legal person or on grounds of an important public interest of the Union or of a Member State.
If the restriction on processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.

1.1.4. Right of cancellation

Duty to delete:
You may request the controller to delete personal data concerning you without delay and the controller is obliged to delete such data without delay if one of the following reasons applies:
1. the personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
2. You withdraw your consent on which the processing was based under Article 6(1)(a) or Article 9(2)(a) of the DPA and there is no other legal basis for the processing.
3. You object to the processing pursuant to Article 21(1) of the DS-GVO and there are no legitimate grounds for processing that take precedence, or you object to the processing pursuant to Article 21(2) of the DS-GVO.
4. The personal data concerning you have been processed unlawfully.
5. The deletion of personal data concerning you is necessary to comply with a legal obligation under Union law or the law of the Member States to which the controller is subject.
6. The personal data concerning you have been collected in relation to information society services offered, in accordance with Article 8(1) of the DS-GVO.
Information to third parties:
If the data controller has made the personal data concerning you public and is obliged to delete it pursuant to Art. 17 (1) DS-GVO, he shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform data controllers who process the personal data that you, as a data subject, have requested them to delete all links to this personal data or copies or replications of this personal data.
Exceptions:
The right of cancellation does not apply insofar as the processing is necessary
1. on the exercise of the right to freedom of expression and information;
2. to comply with a legal obligation to which the processing relates under Union or national law to which the controller is subject or to carry out a task carried out in the public interest or in the exercise of official authority vested in the controller;
3. for reasons of public interest relating to public health pursuant to Article 9 (2) lit. h and i and Article 9 (3) of the DPA;
4. for archiving, scientific or historical research purposes in the public interest or for statistical purposes in accordance with Art. 89 (1) DS-GVO, insofar as the law referred to in section a) is likely to render impossible or seriously prejudice the attainment of the objectives of such processing, or
5. to assert, exercise or defend legal claims.

1.1.5. Right to information

If you have asserted the right to rectify, erase or limit the processing vis-à-vis the controller, the controller is obliged to notify all recipients to whom the personal data concerning you have been disclosed of this rectification, erasure or limitation of processing, unless this proves impossible or involves a disproportionate effort.
You have the right vis-à-vis the controller to be informed of these recipients.

1.3.6. Right to data transfer

You have the right to receive the personal data concerning you that you have provided to the data controller in a structured, common and machine-readable format. You also have the right to have this data communicated to another person in charge without interference from the person in charge to whom the personal data has been communicated, provided that
1. the processing is based on a consent pursuant to Art. 6 Para. 1 letter a DS-GVO or Art. 9 Para. 2 letter a DS-GVO or on a contract pursuant to Art. 6 Para. 1 letter b DS-GVO and
2. the processing is carried out by means of automated procedures.
In exercising this right, you also have the right to obtain that the personal data concerning you be transferred directly from one controller to another controller, insofar as this is technically feasible. The freedoms and rights of other persons must not be affected by this.
The right to data transferability 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 the controller.

1.1.6. Right of objection

You have the right to object at any time, for reasons arising from your particular situation, to the processing of personal data concerning you which is carried out pursuant to Article 6(1)(e) or (f) of the DPA, including profiling based on these provisions.
The controller will no longer process the personal data concerning you unless it can demonstrate compelling legitimate reasons for processing which outweigh your interests, rights and freedoms, or unless the processing serves to assert, exercise or defend legal claims.
If the personal data concerning you are processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purpose of such marketing, including profiling, insofar as it is linked to such direct marketing.
If you object to processing for the purposes of direct marketing, the personal data concerning you will no longer be processed for those purposes.
You have the possibility to exercise your right of objection in relation to the use of information society services, without prejudice to Directive 2002/58/EC, by using automated procedures involving technical specifications.

1.1.7. Right to revoke the data protection declaration of consent

You have the right to revoke your data protection declaration of consent at any time. Revocation of your consent does not affect the legality of the processing that has taken place on the basis of your consent until revocation.

1.3.9. Automated decision in individual cases including profiling

You have the right not to be subject to a decision based solely on automated processing, including profiling, that has legal effect on you or significantly affects you in a similar manner. This shall not apply if the decision
1. is necessary for the conclusion or fulfilment of a contract between you and the person responsible,
2. is authorised by Union or national legislation to which the person responsible is subject and that legislation provides for appropriate measures to safeguard your rights and freedoms and your legitimate interests, or
3. with your express consent.
However, these decisions may not be based on special categories of personal data in accordance with Art. 9 (1) DS-GVO, unless Art. 9 (2) lit. a or g DS-GVO applies and appropriate measures have been taken to protect rights and freedoms and your legitimate interests.
With regard to the cases referred to in (1) and (3), the controller shall take appropriate measures to safeguard the rights and freedoms and your legitimate interests, which shall include at least the right to obtain the intervention of a person from the controller, to present his or her point of view and to challenge the decision.

1.1.8. Right to appeal to a supervisory authority

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State in which you are resident, your place of work or the place where the alleged infringement is committed, if you consider that the processing of personal data relating to you is in breach of the DS Block Exemption Regulation.
The supervisory authority to which the complaint has been submitted will inform the complainant of the status and the results of the complaint, including the possibility of a judicial remedy under Art. 78 DS-GVO.

2. Special information for www.gam.com

2.1. Data processing
2.1.1. Scope of the processing of personal data

As a matter of principle, we process personal data of our users only to the extent necessary to provide a functional website and our contents and services. The processing of personal data of our users regularly only takes place with the user’s consent. An exception is made in those cases where prior consent cannot be obtained for factual reasons and the processing of the data is permitted by law.

2.1.2. Legal basis for the processing of personal data

Insofar as we obtain the consent of the data subject for the processing of personal data, Art. 6 (1) lit. a of the EU Basic Data Protection Regulation (DS-GVO) serves as the legal basis.
When processing personal data which is necessary for the performance of a contract to which the data subject is a party, Article 6 (1) (b) of the EU Data Protection Regulation serves as the legal basis. This also applies to processing operations which are necessary for the performance of pre-contractual measures.
Insofar as processing of personal data is necessary for the fulfilment of a legal obligation to which our company is subject, Art. 6 Paragraph 1 lit. c DS-GVO serves as the legal basis.
In cases where vital interests of the data subject or another natural person require the processing of personal data, Article 6 (1) (d) DS-GVO serves as the legal basis.
If the processing is necessary to safeguard a legitimate interest of our company or of a third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh the former interest, Article 6 (1) (f) DS-GVO serves as the legal basis for the processing.

2.1.3. Data deletion and storage period

The personal data of the person concerned will be deleted or blocked as soon as the purpose of the storage no longer applies. Furthermore, data may be stored if this has been provided for by the European or national legislator in EU regulations, laws or other regulations to which the person responsible is subject. Data will also be blocked or deleted when a storage period prescribed by the above-mentioned standards expires, unless there is a need to continue storing the data for the purpose of concluding or fulfilling a contract.

2.2. Provision of the website and creation of log files
2.2.1. Server log files

The provider of the pages automatically collects and stores information in so-called server log files, which your browser automatically transmits to us. These are:
• Browser type and browser version
• Operating system used
• Referrer URL
• Host name of the accessing computer
• Time of the server request
• IP address
This data is not merged with other data sources.

2.2.2. Legal basis for data processing

The processing is carried out in accordance with Art. 6 Para. 1 letter f DS-GVO on the basis of our justified interest in improving the stability and functionality of our website. The data will not be passed on or used in any other way. However, we reserve the right to check the server log files subsequently if there are concrete indications of illegal use.

2.2.3. Purpose of data processing

The temporary storage of the IP address by the system is necessary to enable the website to be delivered to the user’s computer. For this purpose, the user’s IP address must remain stored for the duration of the session.
The storage in log files is done to ensure the functionality of the website. In addition, the data serves us to optimise the website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context.
These purposes also constitute our legitimate interest in data processing in accordance with Art. 6 para. 1 lit. f DS-GVO.
.

2.2.4. Duration of storage

The data will be deleted as soon as they are no longer necessary for the purpose for which they were collected. In the case of the collection of data for the provision of the website, this is the case when the respective session is ended.
In the case of storage of the data in log files, this is the case after seven days at the latest. Storage beyond this period is possible. In this case, the IP addresses of the users are deleted or alienated so that an assignment of the calling client is no longer possible.

2.2.5. Possibility of objection and removal

The collection of data for the provision of the website and the storage of the data in log files is mandatory for the operation of the website. There is therefore no possibility of objection on the part of the user.

2.3. Use of cookies

The website www.gam.com use “cookies”.

Cookies are small text files and do not cause any damage to your end device. They are either stored temporarily for the duration of a session (session cookies) or permanently (permanent cookies) on your end device.
Session cookies are automatically deleted at the end of your visit. Permanent cookies remain stored on your terminal device until you delete them yourself or until your web browser automatically resolves them.

In some cases, cookies from third-party companies may also be stored on your terminal device when you enter our site (third-party cookies). These enable us or you to use certain services of the third-party company (e.g. cookies for the processing of payment services).
Cookies have various functions. Many cookies are technically necessary because certain website functions would not work without them (e.g. the shopping basket function or the display of videos). Other cookies are used to evaluate user behaviour or display advertisements. Cookies that are required to carry out the electronic communication process (necessary cookies) or to provide certain functions that you have requested (functional cookies, e.g. for the shopping basket function) or to optimise the website (e.g. cookies for measuring the web audience) are stored on the basis of Art. 6 para. 1 lit. f DSGVO, unless another legal basis is given.

The website operator has a legitimate interest in the storage of cookies for the technically error-free and optimised provision of his services. If consent to the storage of cookies has been requested, the storage of the cookies in question will be carried out exclusively on the basis of this consent (Art. 6 para. 1 lit. a DSGVO); the consent can be revoked at any time.

You can set your browser so that you are informed about the setting of cookies and allow cookies only in individual cases, exclude the acceptance of cookies for specific cases or in general and activate the automatic deletion of cookies when closing the browser. If you deactivate cookies, the functionality of this website may be limited.
Insofar as cookies are used by third-party companies or for analysis purposes, we will inform you separately about this within the scope of this data protection declaration and, if necessary, request your consent.

2.4. Contact form and e-mail contact
2.4.1. Description and scope of data processing

On our website there is a contact form which can be used for electronic contact. If a user takes advantage of this possibility, the data entered in the input mask is transmitted to us and stored.
At the time the message is sent, the following data is also stored:
Date and time
For the processing of the data, reference is made to this data protection declaration in the context of the sending process.
Alternatively, it is possible to contact us via the e-mail address provided. In this case, the user’s personal data transmitted with the e-mail will be stored.
In this context, the data will not be passed on to third parties. The data will be used exclusively for processing the conversation.
The same applies to inquiries by telephone or fax.

2.4.2. Legal basis for data processing

The legal basis for the processing of the data is Article 6(1)(a), (f) of the DPA. If the e-mail contact is aimed at the conclusion of a contract, the additional legal basis for processing is Article 6 (1) (b) DS-GVO.

2.4.3. Purpose of data processing

These data are stored and used exclusively for the purpose of answering your request or for contacting you and the associated technical administration.
Your data will be deleted after the final processing of your inquiry; this is the case if it can be concluded from the circumstances that the matter in question has been conclusively clarified and provided that there are no legal obligations to keep records that conflict with this.

2.4.4. Possibility of objection and removal

The user has the possibility to revoke his consent to the processing of personal data at any time. If the user contacts us by e-mail, he can object to the storage of his personal data at any time. In such a case the conversation cannot be continued.
Please contact us in case of revocation of the consent and objection of the storage by mail or by e-mail to *protected email*.
All personal data stored in the course of the contact will be deleted in this case.

2.5. Rights of the person concerned

Information on this can be found under “General information” in section 1.3.

3. Plugins and Tools

Google Web Fonts
This site uses so-called web fonts, which are provided by Google, for the uniform display of fonts. The Google Fonts are installed locally. There is no connection to Google servers.
For more information about Google Web Fonts, see https://developers.google.com/fonts/faq and Google’s privacy policy: https://policies.google.com/privacy?hl=en.

Google Maps
This site uses the map service Google Maps via an API. The provider is Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland. To use the functions of Google Maps it is necessary to store your IP address. This information is usually transferred to a Google server in the USA and stored there. The provider of this site has no influence on this data transfer.
The use of Google Maps is in the interest of an attractive presentation of our online offers and to make it easy to find the places we have indicated on the website. This represents a legitimate interest in the sense of Art. 6 para. 1 lit. f DSGVO. If consent has been requested, the processing is carried out exclusively on the basis of Art. 6 para. 1 lit. a DSGVO; consent may be revoked at any time.
More information on the handling of user data can be found in Google’s privacy policy: https://policies.google.com/privacy?hl=en.

Terms of use

Status: July 2021
Please observe the following notes (“Notes on use”) when using this Internet portal. As far as gam is mentioned below, this refers to the internet portal gam.de and to gam GmbH.

1. Permission of use

gam grants natural persons visiting this website (hereinafter referred to as “Users”) a revocable, non-exclusive, non-transferable and limited permission to access and use the internet portal and the materials contained therein. This permission is valid only if the user exclusively pursues the objectives described below and complies with the terms of use. The user is not permitted to interrupt or attempt to interrupt the operation of the Internet portal in any way.

2. Local area of application and liability

2.1. Local scope

This internet portal contains general information about the products and services offered by gam. This internet portal is not directed at persons, associations of persons or legal entities in countries/jurisdictions where the publication of this information or the distribution of such products and services as described on the portal is prohibited, whether on the basis of nationality, residence or other reasons. Persons subject to such restrictions may not use this Internet portal.

2.2. Liability for the contents of the online offer

Information and data on the Internet portal are for information purposes only, without the user being able to rely on or rely on the correctness or completeness. The user uses the internet portal at his own risk.
gam is not liable for any damages arising in any form from the (non-) availability or (non-) use of the service, in particular direct or indirect damages or consequential damages arising from the use of the information or data found on the internet portal.
This also applies to damages that arise because the user has relied on the punctuality, accuracy, timeliness or completeness of the information, price quotations; the correctness of the results, etc. gam is also not liable for disruptions to the quality of access and failure of communication networks. Nor does it accept any responsibility for uninterrupted and error-free functioning, correction of errors and correctness of the content, etc.
gam makes no warranty for information provided by third parties on or through the internet portal. All opinions or assessments presented as opinions or assessments of gam reflect only the respective opinion or assessment of gam at the time of publication and are subject to change without notice.

2.3. References to other websites (links)

This Internet portal may contain references to other web pages (links). The liability for links is based on the legal regulations.

2.4. Changes to the Internet portal

Any changes to the internet portal by gam are possible at any time.

3. No legal advice

The contents on this Internet portal and the making available of information and functionalities do not constitute legal advice or a substitute for advice on claims or other matters. None of the content on this Internet portal is to be understood as a recommendation to take or refrain from taking certain actions without first obtaining individual advice that takes into account the needs and overall situation of the user.

4. Miscellaneous 

4.1. Applicability of German law

German law shall apply, unless otherwise provided for in contractual agreements.

4.2. Scope of application

These Terms of Use are for the benefit of gam and extend to its respective successors and assigns and agents. If rights arise from these terms of use, gam may assign these rights to any of the aforementioned or other third parties.

4.3. Transfer of tasks

gam reserves the right to have functions connected with the operation of the internet portal carried out by third parties.

4.4. Changes to the instructions for use

gam reserves the right to change or amend these terms of use in any way. The user should read these terms of use at the beginning of each visit to this internet portal in order to familiarise himself with any possible changes. There is no explicit reference to the change in the terms of use

4.5. No implied waiver

The failure of gam to exercise or delay in exercising any rights may not in any event be construed as a waiver of such rights. The partial exercise of a right does not preclude the further exercise of that right. The waiver of a right does not constitute a waiver or modification of any other rights.

4.6. Contractual agreements

If contractual agreements between gam and the user (in particular the respective General Terms and Conditions) differ from these Terms of Use, the contractual agreements take precedence.

4.7. Severability clause

Should individual provisions of these terms of use become invalid or unenforceable, the validity of the remaining provisions shall not be affected. The invalid provisions shall be replaced by such provisions that come closest to the economic purpose of the invalid provision in a legally permissible manner.

4.8. Compatibility with export regulations

The use of the Internet portal may require the use of encryption technologies which may be subject to special export regulations or restrictions. The user is not permitted to pass on these technologies without the prior written consent of gam. Even after gam has given its written consent, the user must comply with all relevant export regulations and observe the regulations of the country to which the technology is transferred or used.

Copyright (Copyright)

This internet portal was created in 2021 and is subject to copyright protection.
gam and its respective suppliers, if any, each reserve all rights to all data, text, images, software and other elements (including multimedia elements) displayed on, distributed through or made available for downloading from this internet portal or required to provide a function of this internet portal (hereinafter referred to as “Content”).
By using the Internet portal and the Content and by obtaining permission to do so, the User does not acquire any rights to the Internet portal or the Content. The User may copy or print out these Terms of Use or other parts of the Content exclusively for private, non-commercial purposes.
All such copies are subject to the restrictions set forth in these Terms of Use and must include a copy of gam` copyright notices.
With regard to the use of certain other content within gam’ online presence, further provisions apply to which the user is made aware within the respective offer.
The user may not download, display, reproduce, create derivative works from, transfer, sell, distribute, rent, lease, sublicense, lend or transfer, etc. the internet portal or the Content, unless expressly permitted in these Terms of Use.
The user is prohibited from doing so,
(a) to use the internet portal to offer services to third parties;
(b) to alter or remove gam’ copyright notices;
(c) to use trademarks, service or product names, domain names, logos or other identifying features of gam or other third parties without the prior written consent of gam or the respective third party.