Data protection statement

We very much appreciate your interest in our company. Data privacy is of particular importance to the management of Jumag Dampferzeuger GmbH. In principle, it is possible to use of the websites of Jumag Dampferzeuger GmbH without providing any personal data. However, if a data subject would like to make use of the special services of our company via our website, it may become necessary to process personal data. If the processing of personal data is necessary and there is no legal basis for such processing, we will generally obtain the consent of the data subject.

Personal data, for example the name, address, email address or telephone number of a data subject is always processed in accordance with the General Data Protection Regulation and in line with the country-specific data protection provisions applicable to Jumag Dampferzeuger GmbH. By means of this data privacy statement, our company wishes to inform the public about the type, scope and purpose of the personal data used and processed by us. Furthermore, data subjects are informed of their legal rights by means of this data privacy statement.

As the data controller, Jumag Dampferzeuger GmbH has implemented numerous technical and organisational measures to ensure the most complete protection of the personal data collected via this website. Nevertheless, internet-based data transmission can always have security gaps, which means that absolute protection cannot be guaranteed. For this reason, each data subject is free to transmit personal data to us by alternative means, such as by telephone.

We would like to point out that data transmission over the internet (e.g. through email communication) can involve security gaps. Complete protection of data against access by third parties is not possible.

1. DEFINITIONS

The data privacy statement of Jumag Dampferzeuger GmbH is based on the terminology used by the European directive and regulatory authority in the General Data Protection Regulation (GDPR). Our data privacy statement should be easy to read and understand for both the public and our customers and business partners. In order to ensure this, we would like to explain some of the terminology used.

We use, among others, the following terms in this data privacy statement:

a) Personal data

Personal data refers to any information relating to an identified or identifiable natural person (hereinafter referred to as the “data subject”). An identifiable natural person is one who can be identified, directly or indirectly, especially 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 refers to every identified or identifiable person whose personal data are processed by the party responsible for processing.

c) Processing

Processing refers to any operation or set of operations which is performed on personal data or on sets of personal data, with or without the use of automated processes, 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 refers to the marking of stored personal data with the aim of limiting their processing in the future.

e) Profiling

Profiling refers to any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal factors relating to a natural person, in particular to analyse or predict factors concerning that natural person’s work performance, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.

f) Pseudonymisation

Pseudonymisation refers to the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without reference to additional information, provided that such additional information is stored 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 data controller

Controller or data controller refers to 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 the laws of the Union or member state, the controller or the specific criteria for their nomination may be provided by Union or member state law.

h) Processor

Processor refers to a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

i) Recipient

Recipient refers to 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 within the framework of a particular inquiry in accordance with Union or member state law shall not be regarded as recipients.

j) Third party

Third party refers to 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.

k) Consent

Consent refers to 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 DATA CONTROLLER

The controller, according to the General Data Protection Regulation, other data protection laws in the member states of the European Union and other provisions relating to data protection, refers to:

Jumag Dampferzeuger GmbH

Badener Straße 8a

69493 Hirschberg

Germany

Tel.: +49 6201 84603-0

Email: info@jumag.de

Website: www.jumag.de

You can contact our Data Protection Officer, Christoph Schmitt,

at:

VERUM DATA GmbH, Richard-Wagner-Str. 22, 95444 Bayreuth, Germany

Telephone: +49 (0) 921 16 30 90 70, Fax: +49 (0) 921 / 16 30 90-69

Email: info(at)verum-data.de

3. COOKIES

The websites of Jumag Dampferzeuger GmbH use cookies. Cookies are text files that are filed and saved by an internet browser on a computer system.

Many webpages and servers use cookies. Many cookies contain what is known as a cookie ID. A cookie ID is a unique identifier for the cookie. It consists of a character string through which webpages and servers can be assigned to the specific internet browser in which the cookie was stored. This allows visited internet sites and servers to differentiate the individual browser of the data subject from other internet browsers, which contain other cookies. A specific browser can be recognised and identified using the unique cookie ID.

By using cookies, Jumag Dampferzeuger GmbH can provide the users of this website with more user-friendly services that would not otherwise be possible.

Cookies can optimise the information and service on our website for the benefit of the user. Cookies allow us, as mentioned above, to recognise the users of our website. The purpose of this recognition is to make it easier for users to utilise our website. For example, website users who use cookies do not have to enter login data each time the website is accessed, because this is done automatically by the website and the cookie that is stored on the user’s computer system. Another example is the cookie for a shopping cart in an online shop. The online shop remembers the items that a customer has placed in the virtual shopping cart via a cookie.

The data subject can prevent our website from storing cookies at any time by adjusting their internet browser settings accordingly, thus permanently declining the use of cookies. Furthermore, cookies that have already been set can also be erased at any time via an internet browser or other software programs. This is possible in all common internet browsers. If the data subject deactivates cookies in the internet browser, this may mean that not all the functions of our website can be used in full.

4. COLLECTION OF GENERAL DATA AND INFORMATION

The website of Jumag Dampferzeuger GmbH collects a series of general data and information when a data subject or automated system accesses the website. This general data and information is stored in the server log files. This data and information includes (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 (known as referrers), (4) the sub-websites, which are controlled on our website via an accessing system, (5) the date and time of access to the website, (6) an internet protocol address (IP address), which is only stored anonymously, (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 this general data and information, Jumag Dampferzeuger GmbH does not draw any conclusions about the data subject. In fact, this information is required to (1) deliver the contents of our website correctly, (2) optimise the contents of our website as well as its advertisement, (3) guarantee the long-term viability of our information technology systems and the technology of our website and (4) provide law enforcement authorities with the information required for criminal prosecution in case of a cyber attack. This anonymously collected data and information is therefore assessed by Jumag Dampferzeuger GmbH both statistically and with the objective of increasing data protection and data security in our company in order to ultimately guarantee an optimal level of security for the personal data processed by us. 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 can register with the data controller’s website by providing personal data. The personal data that is transmitted to the data controller is determined by the respective input mask used for registration. The personal data entered by the data subject shall be collected and stored solely for internal use by the data controller and for our own purposes. The data controller may arrange for transfer to one or more processors, such as a parcel service, which will also utilise the personal data solely for internal use, attributable to the data controller.

By registering on the data controller’s website, the IP address assigned by the data subject’s internet service provider (ISP), the date and the time of registration are also stored. This data is saved as this is the only way to prevent misuse of our services and the data may be needed to investigate any criminal offences committed. In this respect, storage of this data is necessary to safeguard the data controller. These data are never passed on to third parties unless there is a legal obligation to do so or if this is necessary for law enforcement or criminal prosecution purposes.

The registration of data subjects who voluntarily provide personal data enables the data controller to offer contents or services to the data subjects that can only be offered to registered users due to their nature. Registered persons are entitled to have the personal data they provided at the time of registration fully erased from the data inventory of the data controller.

On request, the data controller shall inform any data subject of the personal data that is stored about him or her at any time. In addition, the data controller shall correct or erase the data subject’s personal data at the data subject’s request unless there is a statutory obligation to retain the data. All employees of the data controller are available to the data subject as contact persons in this respect.

6. SUBSCRIPTION TO OUR NEWSLETTER

Users are given the opportunity on the Jumag Dampferzeuger GmbH website to subscribe to our company newsletter. The input mask used for this purpose determines which personal data are transmitted when the newsletter is ordered from the data controller.

Jumag Dampferzeuger GmbH informs its customers and business partners regularly about offers by the company by means of a newsletter. Our company newsletter may only be received by the data subject if (1) the data subject has a valid email address and (2) the data subject registers to receive the newsletter. For legal reasons, a confirmation email shall be sent as part of a double opt-in process to the email address registered by a data subject receiving the newsletter for the first time. This confirmation email is used to prove whether the owner of the email address as a data subject is authorised to receive the newsletter.

When registering 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 registration, as well as the date and time of registration. The collection of this data is necessary in order to retrace the (possible) misuse of the email address of a data subject at a later date, and it therefore serves to protect the legal rights of the data controller.

The personal data collected as part of a registration for the newsletter will be used solely to send our newsletter. In addition, subscribers to the newsletter may receive information by email, insofar as this is necessary for the operation of the newsletter service or a registration, as could be the case in the event of modifications to the newsletter offer, or in the event of a change in technical circumstances. No personal data collected within the context of the newsletter service shall be forwarded to third parties. Subscription to our newsletter may be cancelled by the data subject at any time. The consent to the storage of personal data, provided to us by the data subject to send the newsletter, may be revoked at any time. For the purpose of revoking consent, a corresponding link can be found in each newsletter. It is also possible to unsubscribe from the newsletter at any time directly on the data controller’s website, or to communicate this to the data controller in a different way.

7. NEWSLETTER TRACKING

Newsletters from Jumag Dampferzeuger GmbH contain what are known as tracking pixels. A tracking pixel is a miniature graphic embedded in such emails, which are sent in HTML format to enable recording and analysis of log files. This allows statistical analysis of the success or failure of online marketing campaigns. Using the embedded tracking pixel, Jumag Dampferzeuger GmbH can determine if and when an email was opened by a data subject, and which links in the email were accessed by data subjects.

Such personal data collected via the tracking pixels contained in the newsletters are stored and analysed by the data controller in order to optimise the newsletter dispatch, as well as to better adapt the content of future newsletters to the interests of the data subject. These personal data will not be passed on to third parties. Data subjects are entitled at any time to revoke the respective separate declaration of consent given by means of the double opt-in process. After a revocation, these personal data will be deleted by the data controller. Jumag Dampferzeuger GmbH automatically considers a withdrawal from receipt of the newsletter as a revocation.

8. CONTACT OPPORTUNITY VIA THE WEBSITE

In accordance with statutory provisions, the website of Jumag Dampferzeuger GmbH contains information that allows you to make quick electronic contact with our company as well communicate directly with us, which also includes a general electronic mail address (email address). If a data subject contacts the data controller via email or a contact form, the personal data submitted by the data subject are saved automatically. These personal data submitted voluntarily by a data subject to the data controller are saved for the purposes of processing or for establishing contact with the data subject. These personal data will not be forwarded to third parties.

9. USE OF GOOGLE ANALYTICS

This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyse how users use the website. The information generated by the cookie about your use of this website is usually transferred to a Google server in the USA and stored there. Google Analytics is used with the extension “anonymizeIp()”. As a result, IP addresses are processed in a shortened form and direct references to persons can be ruled out. Insofar as the data collected about you has a personal reference, this is therefore excluded. As a rule, the shortening takes place within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transferred to a Google server in the USA and truncated there. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage to the website operator.

The legal basis for the use of Google Analytics is article 6 (1) (1) (f) of the GDPR. You give your consent via the cookie banner shown when you visit our website. The analysis starts only after consent has been given.

Google will not associate the IP address transmitted by your browser in the context of Google Analytics with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. Furthermore, you can prevent Google’s collection of data generated by cookies and related to your use of the website (incl. your IP address), as well as the processing of said data by Google, by downloading and installing the browser plug-in available under the following link: http://tools.google.com/dlpage/gaoptout?hl=de. We use Google Analytics to enable us to analyse and regularly improve the use of our website. Using the statistics generated in this way allows us to improve our service and to make it more interesting for you, the user. Third-party provider information: Google Dublin, Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland, Fax: +353

(1) 436 1001. User terms and conditions: http://www.google.com/analytics/ terms/de.html, data protection overview: http://www.google.com/intl/de/analytics/learn/privacy.html, and privacy policy: https://policies.google.com/privacy. You can opt out here: https://adssettings.google.com/authenticated

10. GOOGLE TAG MANAGER

This website uses the Google Tag Manager, a tool of Google Inc. (“Google”). This is a cookie-free domain that does not itself collect any personal data or set any cookies.

With this tool, keywords that are integrated into HTML elements (so-called “website tags”) can be implemented and managed in a user interface. By using the Google Tag Manager, it is possible to automatically track which button, link or personalised image was actively clicked by the user. This enables us to determine which contents of our website are of particular interest to you. The legal basis for the use of the Google Tag Manager is Article 6 (1)(1)(f) of the GDPR. The legitimate interest here lies in presenting the website as attractively as possible and making it as comfortable and easy to use as possible. The tool also resolves other tags that may themselves be collecting data. The tool itself does not access this data. If you have deactivated a cookie yourself, this deactivation remains in place for all tracking tags implemented with Google Tag Manager, so that the tool has no influence on the deactivation made.

Renew your cookie settings here .

11. GOOGLE ADS

Advertising cookies: These cookies allow us and our carefully selected partners to provide you with adverts or to contact you directly where you have separately consented to such messages that match your interests, for example by collecting information about products you have searched for or ordered on our website. For example, and without limitation, we use Google remarketing tags to allow our retail partners to advertise products that you have searched for on our website.

We may also allow carefully selected third parties to place cookies or similar technologies on our website for this purpose.

We may use and combine your cookie data with the information we collect about you from other sources to provide you with a better experience, for example to provide you with more relevant direct marketing (with your separate consent).

We may also work with carefully selected business partners to jointly deliver advertising; this may involve combining cookie data collected by our website with data collected by our business partner (with your separate consent).

Depending on which cookies you allow, we may also use the information collected to understand our customers’ preferences and to direct future advertising campaigns, including how we choose who to target our marketing to.

This type of cookie is disabled by default and can be configured to your specific preferences.

We and carefully selected business partners may place cookies when we place adverts for our products or services on third party websites and when our customers click on these adverts, in order to know which websites our customers visit and which of our adverts are clicked on. We and our business partners only use these cookies if you give your consent to the operator of the third-party website, and you can customise your preferences in relation to these cookies on the third-party websites.

The legal basis for the use of Google Ads cookies is Art. 6 para. 1 sentence 1 lit. a GDPR. You give your consent via the cookie banner displayed when you visit our website. The analysis only starts once consent has been given.

The functional duration of this type of cookie is 13 months.

12. ROUTINE ERASURE AND BLOCKING OF PERSONAL DATA

The data controller shall process and save personal data relating to the data subject only for the period of time necessary to achieve the purpose of storage, or to the extent that this is stipulated by the European directive and regulatory authority or another legislator under laws or regulations to which the data controller is subject.

If the storage purpose no longer applies or a storage period specified by the European directive and regulatory authority or another responsible legislator expires, the personal data are then routinely blocked or erased in accordance with the statutory provisions.

13. RIGHTS OF THE DATA SUBJECT

a) Right to confirmation

Every data subject has the right, as granted by the European directive and regulatory authority, to request confirmation of the processing of personal data of the data subject from the controller. If a data subject wishes to exercise this right to confirmation, then he or she may contact an employee of the data controller at any time.

b) Right to information

Every data subject affected by the processing of personal data has the right, protected by the European directive and regulatory authority, to receive information about the personal data stored about him or her at any time and for free and to receive a copy of this information from the data controller. Furthermore, the European regulator has granted the data subject the following information:

  • the processing purposes
  • the categories of personal data being processed
  • the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations
  • if possible, the planned period for which the personal data will be stored, or, if this is not possible, the criteria used to determine that period
  • the existence of a right to rectification or erasure of the personal data concerning the data subject or a restriction of the processing by the controller or of a right to object to such processing
  • the existence of the right of appeal to a supervisory authority
  • if the personal data are not collected from the data subject: any available information about the origin of the data
  • the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR 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

c) Right to rectification

Any data subject affected by the processing of personal data has the right granted by the European directive and regulatory authority to request an immediate correction of inaccurate personal data concerning him or her. Furthermore, the data subject has the right to request the completion of incomplete personal data, including by means of providing a supplementary statement, taking into account the purposes of the processing.

If a data subject wishes to exercise this right to correction, they may contact an employee of the controller at any time.

d) Right to erasure (right to be forgotten)

Every person affected by the processing of personal data has the right protected by the European directive and regulatory authority to obtain from the controller the deletion 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 and 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 on which the processing is based according to Article 6(1)(a) or Article 9(2)(a) 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 have to 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 above reasons applies and a data subject wishes to have the personal data that is stored at Jumag Dampferzeuger GmbH erased, they may contact an employee of the data controller. The employee of Jumag Dampferzeuger GmbH ensures that the request for erasure is complied with immediately.

If the personal data has been made public by Jumag Dampferzeuger GmbH and if our company is obliged to erase the personal data in accordance with Article 17(1) of the GDPR, then Jumag Dampferzeuger GmbH is thereby obliged, taking into consideration the available technology and the implementation costs, to take appropriate measures – including technical measures – to inform other controllers which are processing the published personal data that the data subject has requested these controllers erase all links to the personal data, as well as copies or replications of the personal data, insofar as the processing is not necessary. The employee of Jumag Dampferzeuger GmbH will perform the necessary measures in individual cases.

e) Right to restriction of processing

Every person affected by the processing of personal data has the right protected by the European directive and regulatory authority 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 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 above conditions is met and a data subject desires to have the personal data that is stored at Jumag Dampferzeuger GmbH restricted, they may contact an employee of the data controller. The employee of Jumag Dampferzeuger GmbH ensures that the processing thereof is restricted.

f) Right to data portability

Every data subject affected by the processing of personal data has the right granted by the European directive and regulatory authority to receive the personal data affecting the data subject provided by the data subject to a controller in a structured, commonly used and machine-readable format. The data subject also has the right to transmit this data to another controller without hindrance from the controller to which the data was provided as long as the processing is based on consent pursuant to Article 6(1)(a) of the GDPR or Article 9(2)(a) of the GDPR or on a contract pursuant to Article 6(1)(b) of the GDPR and the processing occurs automatically if processing is not necessary for the perception of a task that is in the public interest or is performed as an exercise of public power assigned to the controller.

Furthermore, the data subject can, when exercising their right to data portability according to Article 20(1) of the GDPR, request that the personal data be transmitted directly from one controller to another insofar as this is technically possible and the rights and freedoms of other persons are not thereby affected.

If the data subject wishes to exercise their Right to data portability, they may contact us or an employee of Jumag Dampferzeuger GmbH using the aforementioned contact details at any time.

g) Right to object

Each data subject affected by the processing of personal data has the right granted by the European directive and regulatory authority 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 for profiling based on these provisions.

In case of an objection, Jumag Dampferzeuger GmbH will no longer process personal data 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 Jumag Dampferzeuger GmbH is processing personal data for direct marketing purposes, the data subject shall then have the right to object at any time to processing of personal data concerning him or her for such marketing. This includes profiling to the extent that it is related to such direct marketing. If the data subject objects to Jumag Dampferzeuger GmbH processing for direct marketing purposes, then Jumag Dampferzeuger 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 the processing of personal data concerning him or her by Jumag Dampferzeuger 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 an employee of Jumag Dampferzeuger GmbH or another employee directly. Furthermore, in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, the data subject may exercise 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 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 controller, or (2) it is based on the data subject’s explicit consent, then Jumag Dampferzeuger 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, then he or she may at any time directly contact an employee of the data controller.

i) Right to withdraw consent to data privacy

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, then he or she may contact an employee of the data controller directly at any time.

14. DATA PRIVACY OF APPLICATIONS AND APPLICATION PROCEDURES

The data controller shall collect and process the personal data of applicants for the purpose of executing the application procedure. Processing may also be carried out electronically. This is especially the case if an applicant submits corresponding application documents to the data controller by email or by means of an online form on the website. If the data controller concludes an employment contract with an applicant, the submitted data will then be stored for the purpose of executing the employment relationship in compliance with legal requirements. If no employment contract is concluded with the applicant by the data controller, the application documents shall be automatically erased two months after notification of rejection, provided that no other legitimate interests of the data controller are in opposition to the erasure. Other legitimate interests in this sense include, for example, a burden of proof in a procedure under the General Equal Treatment Act (AGG).

The special legal basis for data processing in application and employment context is article 88 (1), GDPR in conjunction with Section 26 (1) BDSG.

15. LEGAL BASIS FOR PROCESSING

Article 6(1)(a) of the 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 when processing operations are necessary for the supply of goods or to provide any other service, for example, then processing is based on Article 6(1)(b) of the GDPR. The same applies to those processing operations necessary for performing pre-contractual measures, for example in the case of enquiries about our products or services. If our company is subject to a legal obligation which requires the processing of personal data, such as for the fulfilment of tax obligations, processing is based on Article 6(1)(c) of the GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor to our company were to suffer injuries and his/her name, age, health insurance data or other vital information had to be passed on to a doctor, hospital or other third party. In this case, processing would be based on Article 6(1)(d) of the GDPR. Lastly, processing operations may be based on Article 6(1)(f) of the GDPR. This legal basis is used for processing operations which are not covered by any of the aforementioned 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 outweighed by the interests or fundamental rights and freedoms of the data subject requiring protection of personal data. We are permitted to perform such processing operations in particular as they have been mentioned specifically by the European legislator. The legislator advocates that a legitimate interest could be assumed in the case that the data subject is a customer of the controller (Recital 47 Sentence 2 GDPR).

16. WHISTLEBLOWER SYSTEM

We have implemented a digital whistleblower system to detect and prevent violations of applicable law and company guidelines. We use the audatis MANAGER tool for this purpose. This is offered by audatis Services GmbH, Luisenstraße 1, 32052 Herford.

It enables the submission, receipt and investigation of reports in order to prevent and detect violations of applicable law or company guidelines and/or to take follow-up action.

The system generally enables completely anonymous reporting, meaning that no personal data is processed. After your report, you will be shown a so-called hint key and a password, which you can use to log into the system anonymously at any time to view the processing status of your report. It is also possible to communicate with you via this channel without breaking anonymity.

If the report is not made anonymously, the following data may be collected:

  • Information for personal identification of the whistleblower, such as first and last name, address, telephone number and e-mail address;
  • Employment characteristics;
  • Information about the data subject named in the report, e.g. first and last name, gender, address, telephone number and email address;
  • Information about offences that may allow conclusions to be drawn about a natural person.

Data processing is carried out for information on the personal identification of the whistleblower on the basis of the legal obligation of the Whistleblower Protection Act (HinSchG) pursuant to Art. 6 para. 1 lit. c) GDPR.

17. LEGITIMATE INTERESTS IN PROCESSING PURSUED BY THE CONTROLLER OR A THIRD PARTY

Where the processing of personal data is based on Article 6(1)(f) of the GDPR, our legitimate interest is to carry out our business in favour of the welfare of all our employees and our shareholders.

18. PERIOD FOR WHICH THE PERSONAL DATA IS STORED

The criteria used to determine the period of storage of personal data is the relevant statutory retention period. After the period has expired, the corresponding data is routinely deleted insofar as it is no longer necessary for the fulfilment of the contract or the initiation of a contract.

19. LEGAL OR CONTRACTUAL REQUIREMENTS TO PROVIDE THE PERSONAL DATA; NECESSITY FOR THE CONCLUSION OF A CONTRACT; OBLIGATION OF THE DATA SUBJECT TO PROVIDE THE PERSONAL DATA; POSSIBLE CONSEQUENCES OF FAILURE TO PROVIDE SUCH DATA

We hereby inform you that the provision of personal data is partly required by law (e.g. tax regulations) and can also result from contractual provisions (e.g. information about the contractual partner). It may occasionally be necessary for the conclusion of a contract that a data subject provide us with personal data which must subsequently be processed by us. For example, the data subject is 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 mean that contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject must contact one of our employees. Our employee will inform 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 of the consequences of non-provision of the personal data.

20. EXISTENCE OF AUTOMATED DECISION-MAKING

As a socially responsible company, we do not use automatic decision-making or profiling.

This data protection declaration was created by the data protection declaration generator of the DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as the External Data Protection Officer Straubing, in cooperation with the lawyer for data protection law Christian Solmecke.