Information requirements in accordance with article 13 GDPR
Please note: We assume no liability for the accuracy of this translation service. Only the original German text of this data protection declaration is legally binding.
The protection of your personal data is of particular concern to us. We process your personal data (short “data”) therefore exclusively on the basis of the legal regulations. With this data protection declaration we want to inform you comprehensively about the processing of your data in our company and the data protection claims and rights to which you are entitled within the meaning of Art. 13 of the European Data Protection Basic Regulation (EU DS-GVO).
1. Who is responsible for data processing and whom can you contact?
2. Which data are processed and from which sources do these data originate?
We process the data which we have received from you within the framework of contract initiation or processing, on the basis of consents or within the framework of your application to us or within the framework of your staff.
Personal data includes:
Your master/contact data, with regard to customers for example first and last name, address, contact data (e-mail address, telephone number, fax).
For applicants, this includes, for example, first and last name, address, contact data (e-mail address, telephone number, fax), date of birth, data from resume and references, bank data, photographs and, if required, the results of the initial examination pursuant to Section 32, Paragraph 1 JArbSchG.
Further information on additionally processed personal data relating to employees can be found in the information sheet on the handling of personal data in the employment relationship.
In the case of business partners, this includes, for example, the name of their legal representative, company, commercial register number, VAT number, company number, address, contact person contact data (e-mail address, telephone number, fax), bank data and tax identification number.
For visitors to our company, this includes name, company name and signature.
In addition, we also process the following personal data:
- Information on type and content of contract data, order data, turnover and document data, customer and supplier history as well as consulting documents,
- Advertising and sales data,
- Information from your electronic dealings with us (e.g. IP address, log-in data),
- other data that we have received from you in the context of our business relationship (e.g. in discussions with customers),
- Data that we generate ourselves from master/contact data and other data, such as customer demand and customer potential analyses,
- the documentation of your declaration of consent for the receipt of e.g. newsletters,
- Photography in the context of events.
3. For what purposes and on what legal basis are the data processed?
We process your data in accordance with the provisions of the Data Protection Basic Regulation (DS-GVO) and the Federal Data Protection Act 2018, as amended:
• to fulfil (pre-)contractual obligations (Art. 6 para. 1lit.b DS-GVO):
The processing of your data is carried out online or in one of our branches for the purpose of processing contracts or for the purpose of processing contracts for your employees in our company. The data will be processed in particular for the initiation of business transactions and the execution of contracts with you.
• to fulfil legal obligations (Art. 6 para. 1 lit.c DS-GVO):
A processing of your data is necessary for the purpose of the fulfilment of different legal obligations e.g. from the commercial code or the tax code.
• to safeguard legitimate interests (Art. 6 para. 1 lit.f DS-GVO):
On the basis of a weighing of interests, data processing may take place beyond the actual fulfilment of the contract in order to safeguard the legitimate interests of us or third parties. Data processing to safeguard legitimate interests may take place, for example, in the following cases:
- Advertising or marketing (see No. 4),
- Measures for business management and further development of services and products;
- in the context of legal proceedings
- Sending of non-promoting information and press releases
- Sending of our newsletter
- Publication of photos
4. Processing of personal data for advertising purposes
You may at any time object to the use of your personal data for advertising purposes in whole or for individual measures without incurring any costs other than the transmission costs according to the basic tariffs.
We are entitled under the legal requirements of § 7 Abs.3 UWG to use the e-mail address you provided when concluding the contract for direct advertising for our own similar goods or services. You will receive these product recommendations from us irrespective of whether you have subscribed to a newsletter or not.
If you do not wish to receive such recommendations from us by e-mail, you can object to the use of your address for this purpose at any time without incurring any costs other than the transmission costs according to the basic tariffs. A message in text form is sufficient for this purpose. Of course, every e-mail always contains an unsubscribe link.
5. Who receives my data?
If we use a service provider in the sense of an order processing, we remain nevertheless responsible for the protection of your data. All contract processors are contractually obliged to treat your data confidentially and to process it only within the scope of the service provision. The processors commissioned by us will receive your data if they need it to perform their respective services. These are, for example, IT service providers that we need for the operation and security of our IT system as well as advertising and address publishers for our own advertising campaigns.
If there is a legal obligation and in the context of legal prosecution, authorities and courts as well as external auditors may be recipients of your data.
In addition, insurance companies, banks, credit agencies and service providers may be recipients of your data for the purpose of initiating and fulfilling contracts.
6. How long will my data be stored?
We process your data until the termination of the business relationship or until the expiry of the applicable statutory retention periods (e.g. from the German Commercial Code, the Tax Code or the Working Hours Act); furthermore until the termination of any legal disputes in which the data is required as evidence.
7. Is personal data transferred to a third country?
In principle, we do not transfer any data to a third country. In individual cases, data will only be transferred on the basis of an adequacy decision by the European Commission, standard contractual clauses, suitable guarantees or your express consent.
8. What data protection rights do I have?
You have the right at any time to information, correction, deletion or restriction of the processing of your stored data, a right of objection to the processing as well as a right to data transfer and a right of complaint in accordance with the requirements of data protection law.
Right to information:
You can request information from us as to whether and to what extent we process your data.
Right to correction:
If we process your data that is incomplete or incorrect, you can demand that we correct or complete it at any time.
Right to deletion:
You can demand that we delete your data if we process it unlawfully or if the processing disproportionately interferes with your legitimate protection interests. Please note that there may be reasons that prevent an immediate deletion, e.g. in the case of legally regulated storage obligations.
Irrespective of the exercise of your right to deletion, we will delete your data immediately and completely, insofar as there is no legal or statutory obligation to retain data in this respect.
Right to limitation of processing:
You can demand that we restrict the processing of your data if
- You dispute the accuracy of the data for a period of time that allows us to verify the accuracy of the data.
- the processing of the data is unlawful, but you refuse to delete it and instead demand a restriction on the use of the data,
- we no longer need the data for the intended purpose, but you still need this data to assert or defend legal claims, or
- you have objected to the processing of the data.
Right to data transfer:
You may request that we make available to you the data that you have provided to us in a structured, common and machine-readable format and that you may transfer this data to another responsible person without our obstruction, provided that
- we process this data on the basis of your given and revocable consent or for the fulfilment of a contract between us, and
- such processing is carried out using automated procedures.
If technically feasible, you may request us to transfer your data directly to another responsible party.
Right of objection:
If we process your data for legitimate reasons, you may object to such processing at any time; this would also apply to profiling based on these provisions. We will then no longer process your data unless we can prove compelling grounds for processing worthy of protection which outweigh your interests, rights and freedoms or the processing serves the assertion, exercise or defence of legal claims. You can object to the processing of your data for the purpose of direct marketing at any time without giving reasons.
Right of appeal:
If you are of the opinion that we violate German or European data protection law when processing your data, please contact us in order to clarify any questions. Of course, you also have the right to contact the supervisory authority responsible for you, the respective state office for data protection supervision.
If you wish to assert any of the above rights against us, please contact our data protection officer. In case of doubt, we can request additional information to confirm your identity.
9. Am I obliged to provide data?
The processing of your data is necessary to conclude or fulfil your contract with us. If you do not provide us with this data, we will generally have to refuse to conclude the contract or will no longer be able to execute an existing contract and will therefore have to terminate it. However, you are not obliged to give your consent to data processing with regard to data which is not relevant for the performance of the contract or which is not required by law.