We are very delighted that you have shown interest in our enterprise. Data protection is of a particularly high priority for the management of the Arsandis GmbH. The use of the Internet pages of the Arsandis GmbH is possible without any indication of personal data; however, if a data subject wants to use special enterprise services via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no statutory basis for such processing, we generally obtain consent from the data subject.
The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to the Arsandis GmbH. By means of this data protection declaration, our enterprise would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled.
As the controller, the Arsandis GmbH has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means, e.g. by telephone.
The data protection declaration of the Arsandis GmbH is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used.
In this data protection declaration, we use, inter alia, the following terms:
1) Personal Data
Personal data means any information relating to an identified or identifiable natural person (“data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular 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.
2) Data Subject
Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.
Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, 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.
4) Restriction of Processing
Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.
Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
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.
7) 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.
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
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 inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
10) 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.
Consent of the data subject 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 Controller
Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:
85276 Pfaffenhofen an der Ilm
Phone: +49 8441 859634-0
Data Protection Officer
You can contact the data protection officer of the controller as follows:
Data protection officer of Arsandis GmbH
85276 Pfaffenhofen an der Ilm
Phone: +49 8441 859634-7
The data subject may, at any time, prevent the setting of cookies through our website by means of a corresponding setting of the Internet browser used, and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be entirely usable.
Deactivating cookies may restrict the functionality of this website.
We process your personal data for the purposes of the technical provision of our internet offer and the purposes of our legitimate interests in accordance with Art. 6 Par. 1 f GDPR. Our legitimate interests are to provide you with an appealing, technically functioning and user-friendly website and to take measures to protect our website against cyber-hazards and to avoid cyber-hazards from our website to third persons.
4. Statistical Analysis of Website Usage and Increasing Range
We use Google Analytics for the purpose of statistical analysis of the usage of our website, which allows an analysis of your surf behaviour. This enables us to improve the quality and the contents of our website. We get insight into how our website is used and thus can continuously improve our offer.
The information collected during the statistical analysis of our website is not merged with your other personal information collected on our website.
The legal basis for the processing of your personal data for the purposes of statistical analysis of the usage of our website is Art. 6 Par. 1 f GDPR; our legitimate interests are the demand-oriented design and optimisation of our website and marketing activities.
This website uses functions of the web analysis service Google Analytics. The provider is Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.
Google Analytics uses so-called “cookies”. These are text files, which are stored on your computer, allowing an analysis of your use of the website. The information generated by the cookie about your use of this website is transferred to a Google server located in the USA and is stored there. By activating IP anonymising on this website, the IP address will be truncated prior to transmission within the European Union and its Member States or Contracting States to the agreement on the European Economic Area. Only in exceptional cases, the full IP address is transmitted to a Google server in the USA where it is truncated. The anonymised IP address transmitted by your browser as part of Google Analytics is not merged with other Google data.
You may prevent the storage of the cookies via the appropriate setting of your browser software; please note that in this case you may not be able to use the full functionality of this website.
In addition, you can prevent the collection of data generated by the cookie about your use of the website (including your IP address) to Google and its processing by Google by downloading and installing the browser plug-in via following link: https://tools.google.com/dlpage/gaoptout?hl=de
Objection to Data Collection
5. Collection of General Data and Information
The website of the Arsandis 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 are stored in the server log files. Collected may be (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 (so-called referrers), (4) the sub-websites, (5) the date and time of access to the Internet site, (6) an Internet protocol address (IP address), (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 these general data and information, the Arsandis GmbH does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, the Arsandis GmbH analyzes 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.
6. Contact Possibility via the Website
The website of the Arsandis 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 controller by e-mail or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the data controller are stored for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third parties.
We will use the e-mail address provided with the registration to inform you about important changes such as scope of services or modifications for technical reasons.
We process your data for the purposes above for the performance of a contract or to take steps prior to entering into a contract in accordance with Art. 6 Par. 1 b GDPR when you register for the support services provided there.
The data collected during registration is stored by us until you request erasure or the purpose of storage has ceased. Statutory retention periods remain unaffected.
Registration for Events and Training/Webinars
You can log in on our website to participate in events/training/webinars. For events, you have to provide your salutation and last name, e-mail address, telephone number and zip code. The provision of your first name, company, job title and other address details is optional. To register for training/webinars you have to provide the salutation, first and last name, company and address for all participants. For confirmations and queries, you have to provide the first and last name, job title as well as an e-mail address and telephone number. The provision of a fax number is optional. The mandatory information requested during registration must be complete. Otherwise, we will reject the registration. If you register not only yourself but also other persons for events or training/webinars, you must ensure that the appropriate consent to provide their personal data as part of the registration has been obtained from the other persons.
We use the data you have provided for booking and holding the events and training/webinars. In the case of training, we also use the data for the purposes of issuing a certificate of participation in the training for you and sending you a participant’s evaluation form to rate the training.
We process your data for the purposes above for the performance of a contract or to take steps prior to entering into a contract in accordance with Art. 6 Par. 1 b GDPR when you register for an event or training/webinar.
The data collected during registration is stored by us until you request erasure or the purpose of storage has ceased. Statutory retention periods remain unaffected.
Requests for Quotes and Orders via the Website
You can send enquires to submit quotes and place orders via the request and contact forms on our website or by telephone. With enquires and orders related to this via a request or contact form, you have to provide your salutation, last name and e-mail address. You may provide your first name and telephone number or additional data voluntarily. With enquiries by telephone, we process the data you have provided. Where necessary for submitting quotes and for contracts related to your order, we will ask you to provide additional data such as payment details (e.g. credit card number).
We process the data you have provided to generate quotes, to accept and process orders and for the delivery or supply (e.g. via download) of the ordered products to you.
We process the data you have provided in accordance with Art. 6 Par. 1 b GDPR for the performance of contracts or to take steps prior to entering into a contract, in particular for generating quotes, for completing and processing your order, for the provision of customer services and to manage the customer relationship. Failure to provide necessary data may result in not being able to entering into a contract.
With your consent, we use the data for the delivery of our newsletter. When you register for the newsletter on our website, we collect your e-mail address as mandatory information. Your salutation and name are collected on a voluntary basis. We use the so-called double opt-in procedure for newsletter registration, i.e. your registration will only be completed after you have confirmed your registration by clicking the link included in the confirmation e-mail that is sent to you for this purpose.
You may withdraw a consent given to us at any time with future effect. However, the lawfulness of data processing before withdrawal remains unaffected. Thus you can unsubscribe from the newsletter at any time by notification to the contact details given in Clause 1 or via the unsubscribe link provided in the newsletter.
The legal basis for the processing of your data for the delivery of the newsletter is, when you have given us your consent, Art. 6 Par. 1 a GDPR.
We store the data you have deposited with us for the purpose of receiving the newsletter until you unsubscribe from the newsletter and will delete them after unsubscribing from the newsletter. Data stored by us for other purposes remain unaffected.
Usage of Data for E-mail Marketing and Right to Object
Our interest is to foster our customer relationships. When we obtain your e-mail address as part of entering into a contract and the provision of our products and services and you have not objected to this, we reserve the right to send you further interesting offers for similar products from our portfolio and customer satisfaction ratings periodically by e-mail. You can object to this usage of your e-mail address at any time by notification to the contact options given in Clause I or via an unsubscribe link provided in the advertising mail, without additional costs other than the transmission costs according to base rates.
Insofar as you have provided your e-mail address as part of the purchase of goods or services and we send tailored advertising to you, we process your data for the delivery of e-mail advertising for the purposes of our legitimate interests in accordance with Art. 6 Par. 1 b GDPR in conjunction with § 7 Par. 3 UWG (German Act Against Unfair Competition). Our legitimate interest is based on our commercial interest in the execution of promotional activities and targeted advertising.
Data Security with Applications and in the Application Procedure
Our website offers you the opportunity to send us your application directly via an online application form. Application documents may contain special categories of personal data.
Processing of personal data
As a rule, applicant data include: First and last name, if applicable your academic degree, date and place of birth, contact details (address, e-mail, telephone and/or mobile number), application documents (letter of motivation, curriculum vitae, certificates), language and other skills. Furthermore, we process the data submitted by you when contacting us via the application form.
We will take the personal data provided by you as a basis for our decisions in the application procedure in compliance with statutory regulations. For example, we will use your professional qualifications for our decision to consider you in the closer selection procedure or a personal impression in a job interviews to decide whether we offer you the job you have applied for.
We process the personal data for our decision on establishing an employment relationship on the basis of Art. 88 Par. 1 GDPR in conjunction with § 26 Sect. 1 S. 1 BDSG (German Federal Data Protection Act).
Processing of special Personal Data
Special categories of personal data in accordance with Art. 9 GDPR are personal data revealing racial or ethnic origin, political opinions, religious (e.g. religious affiliation/confession) or philosophical beliefs, or trade union membership, or biometric data for the purpose of unique identification (e.g. photographs), data concerning health (e.g. information on the degree of severe disability) or data concerning sex life or sexual orientation. If your curriculum vitae contains special categories of personal data, we do not intentionally collect these data. We expressly request not to send us such data.
In the case you submit, voluntarily and against our express request, special categories of personal data in accordance with Art. 9 Par. 1 GDPR (e.g. your photograph or information on your religious affiliation/confession) as part of your application documents, we store these data on the basis of your consent in accordance with Art. 88 Par. 1 GDPR in conjunction with § 26 Sect. 3 S. 2 BDSG (German Federal Data Protection Act). This also applies for other personal data you communicate to us at a later stage in the application procedure. By voluntarily submitting these data, you consent to the storage of these special personal data as part of the application procedure.
Basically, we do not take these special personal data into consideration for selection decisions, unless statutory obligations demand to take these special personal data into account. For example, some job offers allow preferential treatment for persons with disabilities in accordance with applicable law. In these cases, the information is always voluntary and provided with your express consent given by voluntarily submitting these data.
We process your special personal data on the basis of Art. 9 Par. 1 GDPR based on your consent in accordance with Art. 88 Par. 1 GDPR in conjunction with § 26 Sect. 3 S. 2 BDSG (German Federal Data Protection Act).
If we send you a refusal, your data will be deleted 3 months after the rejection has been communicated at the latest. In the case of acceptance, we will incorporate your data into the personnel administration process for the purpose of establishing an employment relationship in compliance with statutory regulations. If you have given your consent, we will also store your application for future vacancies. For follow-up questions, we will use the e-mail address or telephone number provided to contact you.
Compliance with Statutory Regulations
We also process your personal data for the fulfilment of other statutory obligations related to the processing of enquiries and orders. These include, in particular, retention periods in accordance with commercial or financial law.
In these cases, we process your personal data for the compliance with a legal obligation to which we are subject in accordance with Art. 6 Par. 1 c GDPR, in conjunction with commercial, trade or financial law, insofar as we are obliged to record and store your data.
We also process your personal data in order to be able to assert our rights and to exercise our legal claims. Furthermore, we process your personal data in order to be able to defend against legal claims. Finally, we process your personal data insofar as necessary for the defence or prosecution of criminal offences.
We process your personal data for this purpose based on our legitimate interests in accordance with Art. 6 Par. 1 f GDPR, insofar as we assert or defend against legal claims, or when prohibiting or detecting criminal offences.
7. Social Media
8. Routine Erasure and Blocking of Personal Data
The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to.
If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.
9. Rights of the Data Subject
1) Right of 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.
2) Right of Access
Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:
- the purposes of the processing;
- the categories of personal data concerned;
- the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
- 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;
- where the personal data are not collected from the data subject, any available information as to their source;
- the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.
Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.
If a data subject wishes to avail himself of this right of access, he or she may, at any time, contact any employee of the controller.
3) Right to Rectification
Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall 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.
4) 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 are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
- The data subject withdraws consent to 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 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 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) of the GDPR.
If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by the Arsandis GmbH, he or she may, at any time, contact any employee of the controller. An employee of Arsandis GmbH shall promptly ensure that the erasure request is complied with immediately.
Where the controller has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. An employees of the Arsandis GmbH will arrange the necessary measures in individual cases.
5) Right of 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 instead 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 aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by the Arsandis GmbH, he or she may at any time contact any employee of the controller. The employee of the Arsandis GmbH will arrange the restriction of the processing.
6) Right to Data Portability
Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as 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, as long as the processing is not 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 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 Arsandis GmbH.
7) Right to Object
Each data subject shall have the right granted by the European legislator 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 to profiling based on these provisions.
The Arsandis GmbH shall no longer process the personal data in the event of the objection, 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 the Arsandis GmbH processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to the Arsandis GmbH to the processing for direct marketing purposes, the Arsandis 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 processing of personal data concerning him or her by the Arsandis 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 any employee of the Arsandis GmbH. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.
8) 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 data 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 data controller, or (2) it is based on the data subject’s explicit consent, the Arsandis 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 Arsandis GmbH.
9) Right to withdraw Data Protection Consent
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, he or she may, at any time, contact any employee of the Arsandis GmbH.
10) Right to lodge a Complaint with the Data Protection Supervisory Authority
You have the right, in accordance with Art. 77 GDPR, to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or of the alleged infringement, if you consider the processing of personal data concerning you violates the principles of the GDPR. The right to lodge a complaint remains without prejudice to any other administrative or legal remedy.
10. Legal Basis for the Processing
Art. 6(1) lit. a 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, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. Is our company subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1) lit. d GDPR. Finally, processing operations could be based on Article 6(1) 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. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).
11. The legitimate Interests pursued by the Controller or by a Third Party
Where the processing of personal data is based on Article 6(1) lit. f GDPR our legitimate interest is to carry out our business in favor of the well-being of all our employees and the shareholders.
Categories of Recipients
First, our employees get knowledge of your personal data. For some of our business processes, in particular IT services, for processing of contracts, management of customer relationship and services to customer and interested persons, we also use selected and contracted service providers. Some of our service providers obtain your personal data as processors strictly bound to our directives when handling your personal data. In some cases the recipients operate independently with the data we transmit to them.
In the following we list further categories of recipients of your personal data: payment service providers, logistics service providers, software manufacturers for licensing of their software, credit agencies, collection service providers, advertising and market research providers, service providers for the dispatch of newsletters and e-mail advertising.
12. Period for which the Personal Data will be stored
Provision of Personal Data as Statutory or Contractual Requirement; Requirement necessary to enter into a Contract; Obligation of the Data Subject to provide the Personal Data; possible Consequences of Failure to provide such Data
We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, 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 have the consequence 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 any employee. The employee clarifies to 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 the consequences of non-provision of the personal data.
13. Scope of Duties to provide Data
Basically, you are not obliged to provide your personal data. However, if you do not, we will not be able to offer you our website, answer your enquiries and enter into a contract with you. Mandatory personal data are all marked “*” or “!”, all other personal data are optional.
14. Existence of Automated Decision-Making
As a responsible company, we do not use automatic decision-making or profiling.
Some areas of our website contain links to websites of third party providers. These websites are subject to their own data protection principles. We are not responsible for their operation, including handling of data. When submitting information to or via such third party provider websites, you should check the privacy policies of these sites prior to submitting information that can be assigned to yourself.
16. Information on your Right to Object Art. 21 GDPR
- You have the right to object to the processing of your data carried out on the basis of Art. 6 Par. 1 f GDPR (data processing based on a balancing of interests) or Art. 6 Par. 1 e GDPR (data processing in public interest), at any time for reasons of your particular situation. This also applies for a profiling based on this directive in accordance with Art. 4 No. 4 GDPR.
When you object, we will no longer process your personal data unless we demonstrate compelling legitimate reasons for the processing overweighing your interests, rights and freedoms or the processing is necessary for the assertion, execution or defence of legal claims.
- In individual cases we also process your personal data for direct marketing purposes. If you do not wish to receive advertising, you have the right to object to this at any time; this also includes profiling to the extent that it is related to such direct marketing. We will respect this objection with future effect.
Your data will no longer be processed for the purpose of direct marketing when you object to processing for this purpose.
The objection can be formless and should be addressed to the contact details of our company stated in Sect. 1.
Revision: May 2021