Data privacy 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 is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
g) Controller or controller responsible for the processing
Controller or controller responsible for the processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
h) Processor
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
i) Recipient
Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular enquiry in accordance with Union or Member State law shall not be regarded as recipients.
j) Third party
Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
k) Consent
Consent is any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
2. NAME AND ADDRESS OF THE DATA CONTROLLER
The controller within the meaning of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union and other provisions of a data protection nature is
Jumag Dampferzeuger GmbH
Badener Straße 8a
69493 Hirschberg
Germany
Phone: +49 6201 84603-0
E-mail: info@jumag.de
Website: www.jumag.de
You can reach our data protection officer, Mr Christoph Schmitt, at
under:
VERUM DATA GmbH, Richard-Wagner-Str. 22, 95444 Bayreuth
Phone: +49 (0) 921 / 16 30 90-70, Fax: +49 (0) 921 / 16 30 90-69
E-mail: info(at)verum-data.de
3. COOKIES
Cookies can be used to optimise the information and offers on our website for the benefit of the user. As already mentioned, cookies enable us to recognise the users of our website. The purpose of this recognition is to make it easier for users to use our website. For example, the user of a website that uses cookies does not have to re-enter their access data each time they visit the website because this is taken over by the website and the cookie stored on the user’s computer system. Another example is the cookie of a shopping basket in an online shop. The online shop remembers the items that a customer has placed in the virtual shopping basket via a cookie.
The data subject can prevent the setting of cookies by our website at any time by means of a corresponding setting of the Internet browser used and thus permanently object to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via an internet browser or other software programmes. This is possible in all common internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be fully usable.
4. COLLECTION OF GENERAL DATA AND INFORMATION
The website of the Jumag Dampferzeuger GmbH collects a series of general data and information when a data subject or automated system calls up the website. This general data and information is stored in the server log files. The (1) browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system accesses our website (so-called referrer), (4) the sub-websites which are accessed via an accessing system on our website can be recorded, (5) the date and time of access to the website, (6) an internet protocol address (IP address), which is only stored in anonymised form, (7) the internet service provider of the accessing system and (8) other similar data and information used for security purposes in the event of attacks on our information technology systems.
When using these general data and information, the Jumag Dampferzeuger GmbH does not draw any conclusions about the data subject. Rather, this information is required to (1) correctly deliver the content of our website, (2) optimise the content of our website and the advertising for it, (3) ensure the long-term functionality of our information technology systems and the technology of our website and (4) provide law enforcement authorities with the information necessary for criminal prosecution in the event of a cyber attack. Therefore, the Jumag Dampferzeuger GmbH analyses anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.
5. REGISTRATION ON OUR INTERNAL SITE
The data subject has the option of registering on the controller’s website by providing personal data. Which personal data is transmitted to the controller is determined by the respective input mask used for registration. The personal data entered by the data subject is collected and stored exclusively for internal use by the controller and for the controller’s own purposes. The controller may arrange for the data to be passed on to one or more processors, such as a parcel service provider, who will also use the personal data exclusively for internal use attributable to the controller.
By registering on the controller’s website, the IP address assigned by the data subject’s Internet service provider (ISP), the date and time of registration are also stored. This data is stored against the background that this is the only way to prevent the misuse of our services and, if necessary, to enable criminal offences to be investigated. In this respect, the storage of this data is necessary to safeguard the controller. This data is not passed on to third parties unless there is a legal obligation to pass it on or the passing on serves the purpose of criminal prosecution.
The registration of the data subject with voluntary provision of personal data serves the controller to offer the data subject content or services which, due to the nature of the matter, can only be offered to registered users. Registered persons are free to change the personal data provided during registration at any time or to have it completely deleted from the controller’s database.
The data controller shall provide any data subject with information at any time on request as to which personal data relating to the data subject is stored. Furthermore, the controller shall rectify or erase personal data at the request or indication of the data subject, insofar as this does not conflict with any statutory retention obligations. All of the controller’s employees are available to the data subject as contact persons in this context.
6. SUBSCRIPTION TO OUR NEWSLETTER
On the website of the Jumag Dampferzeuger GmbH, users are given the opportunity to subscribe to our enterprise’s newsletter. The input mask used for this purpose determines what personal data are transmitted to the controller when the newsletter is ordered.
The Jumag Dampferzeuger GmbH informs its customers and business partners regularly by means of a newsletter about enterprise offers. Our company’s newsletter can only be received by the data subject if (1) the data subject has a valid e-mail address and (2) the data subject registers to receive the newsletter. For legal reasons, a confirmation e-mail is sent to the e-mail address entered by a data subject for the first time for the newsletter dispatch using the double opt-in procedure. This confirmation email is used to check whether the owner of the email address as the data subject has authorised receipt of the newsletter.
When registering for the newsletter, we also store the IP address assigned by the Internet service provider (ISP) of the computer system 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 be able to trace the (possible) misuse of a data subject’s e-mail address at a later date and therefore serves as legal protection for the controller.
The personal data collected when registering for the newsletter is used exclusively to send our newsletter. Furthermore, subscribers to the newsletter may be informed by e-mail if this is necessary for the operation of the newsletter service or a registration in this regard, as could be the case in the event of changes to the newsletter offer or changes to the technical circumstances. The personal data collected as part of the newsletter service will not be passed on to third parties. The subscription to our newsletter can be cancelled by the data subject at any time. The consent to the storage of personal data, which the data subject has given us for the newsletter dispatch, can be revoked at any time. There is a corresponding link in every newsletter for the purpose of revoking consent. It is also possible to unsubscribe from the newsletter at any time directly on the controller’s website or to inform the controller of this in another way.
7. NEWSLETTER-TRACKING
The newsletters of Jumag Dampferzeuger GmbH contain so-called tracking pixels. A tracking pixel is a miniature graphic that is embedded in e-mails that are sent in HTML format to enable log file recording and log file analysis. This allows the success or failure of online marketing campaigns to be statistically analysed. Based on the embedded tracking pixel, the Jumag Dampferzeuger GmbH may see if and when an e-mail was opened by a data subject, and which links in the e-mail were called up by data subjects.
Such personal data collected via the tracking pixels contained in the newsletters are stored and evaluated by the controller in order to optimise the newsletter dispatch and to adapt the content of future newsletters even better to the interests of the data subject. This personal data is not passed on to third parties. Data subjects are entitled at any time to revoke the separate declaration of consent given in this regard via the double opt-in procedure. After cancellation, this personal data will be deleted by the controller. The Jumag Dampferzeuger GmbH automatically regards a withdrawal from the receipt of the newsletter as a revocation.
8. CONTACT POSSIBILITY VIA THE WEBSITE
The website of the Jumag Dampferzeuger GmbH contains information that enables a quick electronic contact to our enterprise, as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the data controller by e-mail or via a contact form, the personal data transmitted by the data subject is automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the controller are stored for the purposes of processing or contacting the data subject. This personal data is not passed on 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 site. 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 ‘anonymiseIp()’. This means that IP addresses are further processed in abbreviated form, so that they cannot be linked to a specific person. If the data collected about you is personally identifiable, it is therefore excluded. As a rule, the truncation takes place within member states of the European Union or in other signatory states to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and truncated there. Google uses the information received to analyse your use of the website, to compile reports on website activity and to provide the website operator with other services relating to website activity and internet usage.
The legal basis for the use of Google Analytics 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 IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data. You can prevent the storage of cookies by setting your browser software accordingly; however, we would like to point out that in this case you may not be able to use all functions of this website to their full extent. You can also prevent Google from collecting the data generated by the cookie and relating to your use of the website (including your IP address) and from processing this data by Google by downloading and installing the browser plug-in available at the following link: http://tools.google.com/dlpage/gaoptout?hl=de. We use Google Analytics to analyse and regularly improve the use of our website. We can use the statistics obtained to improve our offer and make it more interesting for you as a user. Information from the third-party provider: Google Dublin, Google Ireland Ltd, Gordon House, Barrow Street, Dublin 4, Ireland, Fax: +353
(1) 436 1001. user conditions: http://www.google.com/analytics/terms/de.html, overview of data protection: http://www.google.com/intl/de/analytics/learn/privacy.html, as well as the privacy policy: https://policies.google.com/privacy. An opt-out is possible here: https://adssettings.google.com/authenticated
10. GOOGLE TAG MANAGER
This website uses Google Tag Manager, a tool provided by Google Inc (‘Google’). This is a cookie-free domain that does not itself collect any personal data or set any cookies.
This tool can be used to implement keywords that are integrated into HTML elements (so-called ‘website tags’) and manage them in a user interface. By using Google Tag Manager, it is possible to automatically track which button, link or personalised image has been actively clicked by the user. This makes it possible to determine which content on our website is of particular interest to you. The legal basis for the use of Google Tag Manager is Art. 6 para. 1 sentence 1 lit. f GDPR. The legitimate interest lies in presenting the website as attractively as possible and making it as convenient and easy to use as possible. The tool also triggers other tags that may collect data. The tool itself does not access this data. If you have deactivated cookies yourself, this deactivation will remain in place for all tracking tags that are implemented with Google Tag Manager, so that the tool has no influence on the deactivation you have made.
Renew your cookie settings here.
11. GOOGLE ADS
Advertising cookies: These cookies allow us and our carefully selected partners to provide you with advertisements 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).
Depending on which cookies you allow, we may also use the information we collect to understand our customers’ preferences and to manage 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 advertisements for our products or services on third party websites and when our customers click on these advertisements in order to know which websites our customers visit and which of our advertisements 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 customize 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. HUBSPOT
We use “HubSpot”, a digital marketing tool, on our website. The provider of the tool is the US company HubSpot, Inc. with headquarters at 25 First Street, 2nd Floor Cambridge, MA 02141, USA. The provider’s head office in Europe is located in Ireland at Ground Floor, Two Dockland Central Guild Street, Dublin 1, Ireland. In addition, the provider has a company with a branch in Germany, HubSpot Germany GmbH, Am Postbahnhof 17, 10243 Berlin.
We use HubSpot as an integrated software solution for our marketing activities, lead generation and customer service purposes. Specifically, this includes email marketing, in particular the sending of newsletters and automated mailings (also for the provision of downloads, for example), social media publishing and reporting, contact management such as user segmentation and CRM, provision of landing pages, contact forms, implementation of tools for video calls, calendar synchronization and connection to our ERP system via an interface application.
Information collected using HubSpot, including personal data and the content of our website, is stored on the servers of HubSpot’s service providers. If you have given your consent to this, the legal basis for data processing is Art. 6 para. 1 sentence 1 lit. a GDPR. This is the case, for example, in the context of website analysis and statistics, video calls and newsletter registration. Otherwise, the legal basis is a legitimate interest pursuant to Art. 6 para. 1 sentence 1 lit. f GDPR. When using this tool, our legitimate interest lies in optimizing our marketing measures and improving the quality of service on our website.
HubSpot uses small text files, so-called cookies, which are stored locally in the cache of the web browser you use on your end device and enable your use of our website to be analyzed. HubSpot evaluates the information collected (e.g. your IP address, geographical location, browser type, duration of the visit and the pages accessed) on our behalf in order to compile reports on the visit and the pages visited.
HubSpot also processes your data in the USA, among other places. Since personal data is transferred to the USA, further protective mechanisms are required to ensure the data protection level of the GDPR. HubSpot is certified in accordance with the EU-U.S. Data Privacy Framework and is therefore generally a secure data recipient in the USA: https://www.dataprivacyframework.gov/list
In order to counter any remaining risk, we have concluded a contract with HubSpot based on the standard contractual clauses provided by the EU Commission as a template in accordance with Art. 46 para. 2 lit. c GDPR. Through these clauses, HubSpot undertakes to comply with the European level of data protection when processing your personal data, even if the data is stored, processed and managed in the USA.
The contractual terms and conditions for data processing by HubSpot, which correspond to the standard contractual clauses, can be found here: https://legal.hubspot.com/de/dpa
It should be noted that HubSpot may use other sub-service providers selected by HubSpot and used to provide the service. For more information about HubSpot’s data processing, please refer to HubSpot’s privacy policy at https://legal.hubspot.com/de/privacy-policy
The data will be deleted as soon as it is no longer required to achieve the purpose for which it was collected. This is particularly the case if contacts have unsubscribed from the communication.
You can permanently object to the collection of data by HubSpot and the setting of cookies by selecting your browser settings so that they prevent the storage of cookies.
You can object to the processing of your personal data at any time with effect for the future, insofar as the data processing is based on legitimate interests. You can also revoke your consent to the controller at any time without giving reasons. The easiest way to do this is to call up the cookie banner on our website and adjust the settings. If you have registered to receive newsletters or mailings, you can unsubscribe at any time by clicking on the corresponding links contained at the end of each e-mail message.
13. SALESVIEWER
Use of SalesViewer® technology:
This website uses SalesViewer® technology from SalesViewer® GmbH on the basis of the website operator’s legitimate interests (Section 6 paragraph 1 lit.f GDPR) in order to collect and save data on marketing, market research and optimisation purposes.
In order to do this, a javascript based code, which serves to capture company-related data and according website usage. The data captured using this technology are encrypted in a non-retrievable one-way function (so-called hashing). The data is immediately pseudonymised and is not used to identify website visitors personally
The data stored by SalesViewer® will be deleted as soon as they are no longer required for their intended purpose and there are no legal obligations to retain them.
The data recording and storage can be repealed at any time with immediate effect for the future, by clicking on https://www.salesviewer.com/
14. RIGHTS OF THE DATA SUBJECT
a) Right to confirmation
Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact any employee of the controller.
b) Right to information
Any person affected by the processing of personal data has the right, granted by the European legislator of directives and regulations, to obtain from the controller free information at any time about the personal data stored about him or her and a copy of this information. Furthermore, the European legislator has granted the data subject access to the following information:
- the purposes of processing
- the categories of personal data that are processed
- the recipients or categories of recipients to whom the personal data 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 organizations
- where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period
- the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing
- the existence of the right to lodge a complaint with a supervisory authority
- if the personal data are not collected from the data subject: All available information about the origin of the data
- the existence of automated decision-making, including profiling, referred to in Article 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
c) Right to rectification
Any person affected by the processing of personal data has the right granted by the European legislator of directives and regulations to demand the immediate correction of incorrect personal data concerning them. Taking into account the purposes of the processing, the data subject shall also have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact any employee of the controller.
d) Right to erasure (right to be forgotten)
Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary
- The personal data have been collected or otherwise processed for purposes for which they are no longer necessary.
- The data subject withdraws consent on which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
- The data subject objects to the processing pursuant to Art. 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Art. 21 (2) GDPR.
- The personal data has been processed unlawfully.
The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject. - The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) GDPR.
If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by the Jumag Dampferzeuger GmbH, he or she may, at any time, contact any employee of the controller. An employee of Jumag Dampferzeuger GmbH shall promptly ensure that the erasure request is complied with immediately.
If the personal data have been made public by Jumag Dampferzeuger GmbH and our company, as the controller, is obliged pursuant to Art. 17 para. 1 GDPR, Jumag Dampferzeuger GmbH shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform other persons responsible for data processing who process the published personal data, that the person concerned has requested the deletion of all links to this personal data or of copies or replications of this personal data from these other persons responsible for data processing, insofar as the processing is not necessary. An employees of the Jumag Dampferzeuger GmbH will arrange the necessary measures in individual cases.
e) Right to restriction of processing
Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:
- The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
- The processing is unlawful and the data subject opposes the erasure of the personal data and requests 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 defense of legal claims.
- The data subject has objected to processing pursuant to Article 21(1) GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by the Jumag Dampferzeuger GmbH, he or she may at any time contact any employee of the controller. The employee of the Jumag Dampferzeuger GmbH will arrange the restriction of the processing.
f) Right to data portability
Any person affected by the processing of personal data has the right, granted by the European legislator, to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format. He or she also has the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR or on a contract pursuant to point (b) of Article 6(1) of the GDPR and the processing is carried out by automated means, unless the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.
In order to assert the right to data portability, the data subject may at any time contact any employee of the Jumag Dampferzeuger GmbH.
g) Right to object
Zudem hat die betroffene Person das Recht, aus Gründen, die sich aus ihrer besonderen Situation ergeben, gegen die sie betreffende Verarbeitung personenbezogener Daten, die bei der Jumag Dampferzeuger GmbH zu wissenschaftlichen oder historischen Forschungszwecken oder zu statistischen Zwecken gemäß Art. 89 Abs. 1 DS-GVO erfolgen, Widerspruch einzulegen, es sei denn, eine solche Verarbeitung ist zur Erfüllung einer im öffentlichen Interesse liegenden Aufgabe erforderlich.
Zur Ausübung des Rechts auf Widerspruch kann sich die betroffene Person direkt jeden Mitarbeiter der Jumag Dampferzeuger GmbH oder einen anderen Mitarbeiter wenden. Der betroffenen Person steht es ferner frei, im Zusammenhang mit der Nutzung von Diensten der Informationsgesellschaft, ungeachtet der Richtlinie 2002/58/EG, ihr Widerspruchsrecht mittels automatisierter Verfahren auszuüben, bei denen technische Spezifikationen verwendet werden.
h) Automated decisions in individual cases 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, if the decision (1) is not necessary for entering into, or performance of, a contract between the data subject and the controller, or (2) is authorized 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 based on the data subject’s explicit consent.
If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject’s explicit consent, the 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, he or she may, at any time, contact any employee of the controller.
i) Right to withdraw consent under data protection law
Any person affected by the processing of personal data has the right granted by the European legislator of directives and regulations to revoke consent to the processing of personal data at any time.
If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact any employee of the controller.
15. DATA PROTECTION FOR JOB APPLICATIONS AND IN THE APPLICATION PROCESS
The controller collects and processes the personal data of applicants for the purpose of handling the application process. Processing may also be carried out electronically. This is particularly the case if an applicant submits relevant application documents to the controller by electronic means, for example by email or via a web form on the website. If the controller concludes an employment contract with an applicant, the transmitted data will be stored for the purpose of processing the employment relationship in compliance with the statutory provisions. If the controller does not conclude an employment contract with the applicant, the application documents will be automatically deleted two months after notification of the rejection decision, provided that no other legitimate interests of the controller stand in the way of deletion. Other legitimate interest in this sense is, for example, a burden of proof in proceedings under the General Equal Treatment Act (AGG).
The specific legal basis for data processing in the application and employment context is Art. 88 para. 1 GDPR in conjunction
with Section 26 (1) BDSG.
16. LEGAL BASIS OF THE PROCESSING
Art. 6 I lit. a GDPR serves our company as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service or consideration, the processing is based on Art. 6 I lit. b GDPR. The same applies to such processing operations that are necessary to carry out pre-contractual measures, for example in cases of inquiries 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 fulfillment of tax obligations, the processing is based on Art. 6 I lit. c GDPR. In rare cases, the processing of personal data may become necessary in order to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were injured in our company and their name, age, health insurance details or other vital information would have to be passed on to a doctor, hospital or other third party. The processing would then be based on Art. 6 I lit. d GDPR. Ultimately, processing operations could be based on Art. 6 I lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. We are permitted to carry out such processing operations in particular because they have been specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47 Sentence 2 GDPR).
17. 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 reports to be submitted, received and investigated in order to prevent or 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 information 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 recorded:
- 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, such as first and last name, gender, address, telephone number and e-mail address;
- Information about violations 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.
If further information on employee status, information on the person concerned and other information that allows conclusions to be drawn about natural persons is processed, this is done either to fulfill legal obligations under the Whistleblower Protection Act (HinSchG) pursuant to Art. 6 para. 1 lit. c) GDPR or, in the case of voluntary provision of a whistleblower system, on the basis of the legitimate interest pursuant to Art. 6 para. 1 lit. f) GDPR. Our legitimate interest lies in the processing of reports in order to be able to carry out follow-up measures.
Reports received will be deleted at the earliest 3 years after the case processing has been completed.
18. LEGITIMATE INTERESTS IN PROCESSING PURSUED BY THE CONTROLLER OR BY A THIRD PARTY
Where the processing of personal data is based on Article 6 I lit. f GDPR, our legitimate interest is the performance of our business activities for the benefit of the well-being of all our employees and our shareholders.
19. DURATION FOR WHICH THE PERSONAL DATA IS STORED
The criterion for the duration of the storage of personal data is the respective statutory retention period. After this period has expired, the corresponding data is routinely deleted, provided that it is no longer required for contract fulfillment or contract initiation.
20. STATUTORY OR CONTRACTUAL REQUIREMENTS FOR THE PROVISION OF PERSONAL DATA; NECESSITY FOR THE CONCLUSION OF THE CONTRACT; OBLIGATION OF THE DATA SUBJECT TO PROVIDE THE PERSONAL DATA; POSSIBLE CONSEQUENCES OF FAILURE TO PROVIDE SUCH DATA
We would like to inform you that the provision of personal data is partly required by law (e.g. tax regulations) or may also result from contractual regulations (e.g. information on the contractual partner). Sometimes it may be necessary for a contract to be concluded for a data subject to provide us with personal data that must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with them. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject must contact one of our employees. Our employee will inform the data subject on a case-by-case basis 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 what the consequences would be if the personal data were not provided.
21. EXISTENCE OF AUTOMATED DECISION-MAKING
As a responsible company, we do not use automatic decision-making or profiling.
This Privacy Policy has been generated by the Privacy Policy Generator of the DGD – Your External DPO that was developed in cooperation with German Lawyers from WILDE BEUGER SOLMECKE, Cologne.