Data protection and DSGVO
The use of these Internet pages 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 legal basis for such processing, we generally obtain the consent of 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 country-specific data protection regulations applicable to the operator.
The operator has implemented technical and organizational measures to ensure the most complete protection of personal data processed through this website. Nevertheless, data transmissions can always have security gaps, so that absolute protection cannot be guaranteed.
This data protection declaration is based on the terms used by the European Directive and Ordinance Maker when issuing the Basic Data Protection Regulation (DSGVO), these are in particular
(a) personal data
Personal data means any information relating to an identified or identifiable natural person (hereinafter “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.
(b) the person concerned
Data subject means any identified or identifiable natural person whose personal data are processed by the controller.
Processing is any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organisation, filing, 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 is the marking of stored personal data with the aim of limiting their future processing.
Profiling is any form of automated processing of personal data which consists in using such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or change of location.
Pseudonymisation is the processing of personal data in such a way 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 which ensure that the personal data are not attributed to an identified or identifiable natural person.
(g) controller or person responsible for processing
The controller or person responsible for 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 designation may be provided for under Union or Member State law.
Processor means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
Recipient means a natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not a third party. However, authorities that may receive personal data in the context of a specific investigation mandate under Union or Member State law shall not be considered as recipients.
Third party means any natural or legal person, public authority, agency or other body other than the data subject, the controller, the processor and the persons who, under the direct authority of the controller or the processor, are authorised to process the personal data.
Consent shall mean any freely given specific and informed indication of the wishes of the data subject, in the form of a declaration or other unambiguous affirmative act, by which the data subject signifies his agreement to the processing of personal data relating to him.
2. name and address of the controller
The responsible party 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:
By means of a cookie, the information and offers on our website can be optimised in the interests of the user. 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.
The data subject can prevent the setting of cookies by our website at any time by means of an appropriate 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 programs. 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
This Internet site collects a series of general data and information with each call. This general data and information is stored in the server’s log files. The following data may be collected: (1) the 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, (5) the date and time of access to the website, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system and (8) other similar data and information that serve to avert danger in the event of attacks on our information technology systems.
When using these general data and information, the operator does not draw any conclusions about the data subject. This information is rather required in order to (1) correctly deliver the contents of our website, (2) optimize the contents of our website as well as the advertising for the same, (3) ensure the permanent operability of our information technology systems and the technology of our website as well as (4) to provide law enforcement authorities with the information necessary for prosecution in the event of a cyber attack. This anonymously collected data and information is used by the operator therefore statistically and moreover with the aim of increasing the data protection and data security of our enterprise, and ultimately with the aim of ensuring an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from any personal data provided by a data subject.
5. registration on our website
The data subject has the possibility to register on the website by providing personal data. Which personal data are transmitted to the data controller in the process results from the respective input mask used for the registration. The personal data entered by the data subject are collected and stored exclusively for internal use by the controller and for its own purposes. The controller may arrange for the data to be transferred to one or more processors, such as a parcel delivery service, who will also use the personal data exclusively for an internal use attributable to the controller.
By registering on the website of the controller, the IP address assigned by the Internet service provider (ISP) of the data subject, the date and the time of registration are also stored. The storage of these data takes place against the background that only in such a way the abuse of our services can be prevented, and these data make it possible in case of need to clear up committed criminal offences. In this respect, the storage of this data is necessary for the protection of the data controller. As a matter of principle, 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 by voluntarily providing personal data serves the purpose of the controller to offer the data subject content or services which, by their nature, can only be offered to registered users. Registered persons are free to modify the personal data provided during registration at any time or to have them completely deleted from the data stock of the controller.
The controller shall provide any data subject at any time, upon request, with information on which personal data relating to the data subject are stored. Furthermore, the controller shall correct or erase personal data at the request or indication of the data subject, unless otherwise required by law. All the staff members of the controller are at the disposal of the data subject as contact persons in this context.
6. subscription to our newsletter
On the website, users are given the opportunity to subscribe to a newsletter. The personal data transmitted to the controller when the newsletter is ordered is specified in the input mask used for this purpose.
The 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 e-mail serves to check whether the owner of the e-mail address, as the data subject, has authorised receipt of the newsletter.
When registering for the newsletter, we also store the IP address of the computer system used by the data subject at the time of registration as well as the date and time of registration, which is assigned by the Internet service provider (ISP). The collection of this data is necessary in order to be able to trace the (possible) misuse of the e-mail address of a data subject at a later date and therefore serves as a legal safeguard for the controller.
The personal data collected in the context of a registration for the newsletter will be used exclusively for sending our newsletter. Furthermore, subscribers to the newsletter could be informed by e-mail if this is necessary for the operation of the newsletter service or a related registration, as could be the case in the event of changes to the newsletter offer or changes in the technical circumstances. No personal data collected as part of the newsletter service will 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. For the purpose of revoking consent, a corresponding link can be found in each newsletter. Furthermore, it is also possible to unsubscribe from the newsletter at any time directly on the website of the controller or to inform the controller of this in another way.
7. newsletter tracking
The newsletters of the contain so-called tracking pixels. A tracking pixel is a thumbnail graphic that is embedded in emails sent in HTML format to enable log file recording and log file analysis. This allows a statistical evaluation of the success or failure of online marketing campaigns. By means of the embedded tracking pixel the operator can see whether and when an e-mail was opened by a data subject and which links contained in the e-mail were called up by the data subject.
Such personal data collected via the tracking pixels contained in the newsletters are stored and evaluated by the controller in order to optimize the newsletter dispatch and to better adapt the content of future newsletters to the interests of the data subject. This personal data will not be passed on to third parties. The persons concerned are entitled at any time to revoke the separate declaration of consent given in this regard via the double opt-in procedure. After a revocation, these personal data will be deleted by the controller. Unsubscribing from the receipt of the newsletter means that the the operator automatically as a revocation.
8. how to contact us via the website
On the basis of legal regulations, the website contains information that enables a quick electronic contact to our company as well as an immediate 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 will be stored automatically. Such personal data provided on a voluntary basis by a data subject to the controller will be stored for the purposes of processing or contacting the data subject. This personal data will not be passed on to third parties.
9. comment function in the blog on the website
We offer users the possibility to leave individual comments on individual blog contributions on a blog, which is on the website of the controller. A blog is a portal on a website, usually publicly visible, in which one or more people, called bloggers or web bloggers, can post articles or write down thoughts in so-called blogposts. Blogposts can usually be commented on by third parties.
If a data subject leaves a comment on the blog published on this website, in addition to the comments left by the data subject, details of the time of comment entry and the user name (pseudonym) chosen by the data subject are stored and published. Furthermore, the IP address assigned by the Internet service provider (ISP) of the person concerned is also logged. This storage of the IP address is done for security reasons and in case the person concerned violates the rights of third parties by posting a comment or posts illegal content. The storage of this personal data is therefore in the controller’s own interest, so that the controller could, if necessary, exculpate itself in the event of an infringement. No disclosure of this personal data collected will be made to third parties, unless such disclosure is required by law or is necessary for the legal defence of the controller.
10. subscription to comments on the blog on the website
The comments made in the blog can generally be subscribed to by third parties. In particular, it is possible for a commenter to subscribe to the comments following their comment on a particular blog post.
If a data subject opts for the option to subscribe to comments, the controller will send an automatic confirmation e-mail in order to verify, by means of the double opt-in procedure, that the holder of the e-mail address provided has indeed opted for this option. The option to subscribe to comments can be terminated at any time.
11. routine deletion and blocking of personal data
The controller shall process and store personal data of the data subject only for the period necessary to achieve the purpose of storage or where provided for by the European Directive and Regulation or other legislator in laws or regulations to which the controller is subject.
If the purpose of storage no longer applies or if a storage period prescribed by the European Directive and Ordinance or another competent legislator expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.
12. rights of the data subject
a) Right to confirmation
Every data subject shall have the right, granted by the European Directive and the Regulation, to obtain confirmation from the controller as to whether personal data concerning him or her are being processed. If a data subject wishes to exercise this right of confirmation, he or she may, at any time, contact any employee of the controller.
b) Right of access
Any person concerned by the processing of personal data has the right, granted by the European Directive and Regulation, to obtain at any time from the controller, free of charge, information about the personal data concerning him or her that have been stored and a copy of that information. Furthermore, the European Directive and Regulation has granted the data subject access to the following information:
- the processing purposes
- the categories of personal data processed
- the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular in the case of recipients in third countries or international organisations
- if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration
- the existence of the right to obtain the rectification or erasure of personal data concerning him or her, or the restriction of processing by the controller, or the right to object to such processing
- the existence of a right of appeal to a supervisory authority
- if the personal data are not collected from the data subject: All available information on the origin of the data
- the existence of automated decision-making, including profiling, pursuant to 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 effects of such processing for the data subject
Furthermore, the data subject shall have the right to obtain information as to whether personal data have been transferred to a third country or to an international organisation. Moreover, where this is the case, the data subject shall have the right to obtain information on the appropriate safeguards relating to the transfer.
If a data subject wishes to exercise this right of access, he or she may, at any time, contact any employee of the controller.
c) Right of rectification
Any person concerned by the processing of personal data has the right, granted by the European Directive and Regulation, to obtain the rectification without delay of inaccurate personal data concerning him or her. Furthermore, the data subject shall have the right to obtain, taking into account the purposes of the processing, the completion of any incomplete personal data, including by means of a supplementary declaration.
If a data subject wishes to exercise this right to rectify, he or she may, at any time, contact any employee of the controller.
d) Right to erasure (right to be forgotten)
Any person concerned by the processing of personal data has the right, granted by the European Directive and the Regulation, to obtain from the controller the erasure without delay of personal data concerning him or her, where one of the following reasons applies and insofar as the processing is not necessary:
- The personal data were collected or otherwise processed for purposes for which they are no longer necessary.
- The data subject revokes his or her consent on which the processing is based in accordance with Article 6(6). 1 letter a DS-GVO or Art. 9 para. 2(a) of the GDPR and there is no other legal basis for the processing.
- The data subject shall, in accordance with Art. 21 para. 1 DS-GVO and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(1) DS-GVO. 2 DS-GVO to object to the processing.
- The personal data have been processed unlawfully.
- The deletion of the personal data is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.
- The personal data have been processed in relation to information society services offered pursuant to Art. 8 para. 1 DS-GVO collected.
If one of the aforementioned reasons applies, and a data subject wishes to arrange for the erasure of stored personal data, he or she may, at any time, contact any employee of the controller. The staff of will ensure that the request for deletion is complied with immediately.
If the personal data has been made public by the operator and our company is the responsible party pursuant to Art. 17 para. 1 DS-GVO to erase personal data, the operator shall implement reasonable measures, including technical measures, taking into account the available technology and the cost of implementation, in order to inform other data controllers which process the published personal data that the data subject has requested from those other data controllers to erase all links to or copies or replications of the personal data, unless the processing is necessary. The employee of the operator will arrange the necessary in individual cases.
(e) the right to restrict processing
Any person concerned by the processing of personal data has the right, granted by the European Directive and Regulation, to obtain from the controller the restriction of processing where one of the following conditions is met:
- 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, the data subject objects to the erasure of the personal data and requests instead the restriction of the use of the personal data.
- The controller no longer needs the personal data for the purposes of processing, but the data subject needs it for the establishment, exercise or defence of legal claims.
- The data subject has objected to the processing pursuant to. Art. 21 para. 1 DS-GVO and it is not yet clear 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 personal data stored by the operator , he or she may, at any time, contact any employee of the controller. The employee of the operator will arrange the restriction of the processing.
(f) the right to data portability
Any person concerned by the processing of personal data has the right, granted by the European Directive and Regulation, to receive the personal data concerning him or her, which have been provided by the data subject to a controller, in a structured, commonly used and machine-readable format. She also has the right to transmit this data to another controller without hindrance from the controller to whom the personal data was provided, provided that the processing is based on consent pursuant to Art. 6 para. 1 letter a DS-GVO or Art. 9 para. 2 letter a DS-GVO or on a contract pursuant to Art. 6 para. 1(b) 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, when exercising his or her right to data portability, the data subject shall have the right to request data portability pursuant to Art. 20 para. 1 GDPR, the right to obtain the direct transfer of personal data from one controller to another controller, where technically feasible and provided that this does not adversely affect the rights and freedoms of other individuals.
In order to assert the right to data portability, the data subject may at any time contact any employee of the operator .
(g) Right to object
Any person concerned by the processing of personal data has the right, granted by the European Directive and Regulation, to object at any time, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her which is carried out on the basis of Article 6(1) of the Directive. 1(e) or (f) of the Data Protection Regulation. This also applies to profiling based on these provisions.
The operator 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 assertion, exercise or defence of legal claims.
Processed the operator personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data processed for such marketing. This also applies to profiling, insofar as it is connected with such direct advertising. If the data subject objects to the operator of the processing for the purposes of direct marketing, then the operator 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 which is carried out by the operator for scientific or historical research purposes, or for statistical purposes pursuant to Article 89 (1) of the Data Protection Act. 1 DS-GVO, unless such processing is necessary for the performance of a task carried out in the public interest.
In order to exercise the right of objection, the data subject may directly contact any employee of the company. ofthe operator or another employee. The data subject is also free to exercise his or her right to object in the context of the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures using technical specifications.
(h) automated decisions in individual cases, including profiling
Any person concerned by the processing of personal data has the right, granted by the European Directive and the Regulation, 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, unless the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) is permitted by Union or Member State law to which the controller is subject and that law contains 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 the data controller, or (2) it is made with the data subject’s explicit consent, the data subject shall give the the operator take appropriate measures to safeguard the data subject’s rights and freedoms and legitimate interests, which include at least the right to obtain the intervention of a person responsible for the processing, to express his or her point of view and contest the decision.
If the data subject wishes to exercise the rights concerning automated decisions, he or she may, at any time, contact any employee of the controller.
i) Right to revoke a data protection consent
Any person affected by the processing of personal data has the right granted by the European Directive and Regulation to withdraw 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.
13. data protection in applications and in the application procedure
The controller collects and processes the personal data of applicants for the purpose of managing the application procedure. The processing may also be carried out by electronic means.
This is in particular the case when an applicant sends the relevant application documents to the controller by electronic means, for example by e-mail or via a web form available on the website. If the data 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 files shall be automatically deleted two months after the notification of the rejection decision, unless otherwise justified by the legitimate interests of the controller.
Other legitimate interest in this sense is, for example, a duty to provide evidence in proceedings under the General Equal Treatment Act (AGG).
14. legal basis of the processing
Art. 6 I lit. a DS-GVO serves our company as the legal basis for processing operations in 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, with processing operations necessary for the supply of goods or the provision of any other service or consideration, the processing is based on Article 6 I lit. b GDPR.
The same applies to such processing operations which are necessary for the implementation of pre-contractual measures, for example in the case of enquiries about our products or services. If our company is subject to a legal obligation through which the processing of personal data becomes necessary, such as for the fulfilment of tax obligations, the processing is based on Art. 6 I lit. c GDPR.
In rare cases, the processing of personal data might become necessary to protect vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were to be injured on our premises and as a result his or her name, age, health insurance details or other vital information had to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6 I lit. d DS-GVO. Ultimately, processing operations could be based on Art. 6 I lit. f DS-GVO.
Processing operations which are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to protect a legitimate interest of our company or a third party, provided that the interests, fundamental rights and freedoms of the data subject are not overridden.
We are permitted to carry out such processing operations in particular because they have been specifically mentioned by the European legislator. In this respect, he considered that a legitimate interest could be assumed if the data subject is a customer of the controller (recital 47, second sentence of the GDPR).
15. legitimate interests in the processing pursued by the controller or a third party
If the processing of personal data is based on Article 6 I lit. f DS-GVO, our legitimate interest is the conduct of our business for the benefit of the well-being of all our employees and our shareholders.
16. duration for which the personal data are stored
The criterion for the duration of the storage of personal data is the respective statutory retention period. After expiry of this period, the corresponding data will be routinely deleted, provided that they are no longer required for the fulfilment or initiation of the contract.
17. legal or contractual requirements to provide the personal data; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of not providing the personal 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, in order to conclude a contract, it may be necessary for a data subject to 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 if our company concludes a contract with him or her.
Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Before providing personal data 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 of not providing the personal data would be.
18. existence of automated decision making
As a responsible company, we do not use automatic decision-making or profiling.This privacy statement was created by the privacy statement generator of the data protectionofficer Wiesbaden in cooperation with the RC GmbH and the file sharing lawyers of WBS-LAW.