Privacy Policy of Walther Flender GmbH


We are delighted that you are interested in our company. Walther Flender GmbH places great importance on data privacy. It is possible to use the website of Walther Flender GmbH at any time without the need to disclose personal data. However, we may be required to process personal data where someone, the data subject, wishes to make use of particular services provided by our company. We will also need to process personal data if they contact our business. 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.

We always process personal data (such as the data subject’s name, address, e-mail address or telephone number) in compliance with the General Data Protection Regulation and in accordance with any country-specific data privacy regulations applicable to Walther Flender GmbH. Our company privacy policy is intended to provide information to the public about the way, the extent and the purpose for which we collect, use and process personal information. This privacy policy also aims to explain the rights of the data subject.

In its capacity as a data controller, Walther Flender GmbH has implemented many technical and organisational measures to ensure personal data is processed in the safest way possible without any security gaps. Unfortunately, the transmission of information via the Internet can never be completely secure and it is not possible to guarantee absolute privacy. For this reason, each user has the option of sharing their personal information with us via alternative methods, such as over the phone.

 

1. DEFINITIONS

Walther Flender GmbH’s privacy policy refers to terms used by the EU to enact the General Data Protection Regulation (GDPR). We intend for the public, as well as our customers and business partners alike, to be able to easily read and understand our privacy policy. To ensure this can be achieved, we would like to explain the terminology in advance.

Our privacy policy includes the following terms:

 

a) Personal data

Personal data is any information relating to an identified or identifiable natural person (hereinafter referred to as the ‘data subject’). An identifiable person is a natural person 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) Data subject

A data subject is any identified or identifiable natural person whose personal data is processed by a controller.

c) Processing

Processing means any operation or set of operations which is performed on personal data, whether or not by automatic 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.

d) Restriction of processing

Restriction of processing means the marking of stored personal data with the aim of limiting their processing in future.

e) Profiling

Profiling means any kind 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.

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 making 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) Data controller or controller responsible for processing

A data controller or controller responsible for processing is a 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 based upon Union or Member State law.

h) Processor

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

i) Recipient

Recipient means a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data within the scope of an inquiry being carried out in accordance with Union or Member State law shall not be regarded as recipients.

j) Third party

Third party means any 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 of the data subject means 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 under the General Data Protection Regulation and other data privacy regulations applicable within the Member States of the European Union, as well as other provisions relating to data privacy law is:

 

Walther Flender GmbH

Schwarzer Weg 100-107

40593 Düsseldorf

Germany

Tel.: 0211 7007 00

E-Mail: info@walther-flender.de

Website: www.walther-flender.de

 

3. NAME AND ADDRESS OF THE DATA PROTECTION OFFICER

The data protection officer responsible for processing data is:

 

Stefan Sundermann

IngerSon IT Consulting GmbH

Schwarzer Weg 100-107

40593 Düsseldorf

Germany

Tel.: 0211 7007 201

E-Mail: stefan.sundermann@ingerson.de

Website: www.ingerson.de

 

Each data subject can contact our data protection officer directly at any time with any questions and comments relating to data protection.

 

4. COOKIES

Cookies are used on the webpages of Walther Flender GmbH. Cookies are text files which are stored and saved on a computer system via an Internet browser.

Many webpages and servers use cookies. Many cookies contain what are known as a cookie ID. A cookie ID is a unique code used to identify a cookie. It contains a character string used by websites and servers to identify the exact Internet browser where the cookie has been saved. It allows webpages and servers being visited to distinguish between the browser used by the data subject and other browsers which contain other cookies. Each browser can be recognised and identified via the unique cookie ID.

Walther Flender GmbH uses cookies to make its services user-friendly for its website users in a way that would not be possible without setting cookies.

A cookie can be used to optimise the information and offers displayed to our website users. As mentioned previously, cookies enable us to recognise our website users. Such recognition serves to simplify the user’s experience of our website. A website user that uses cookies need not enter their login data each time they visit a website, for example, as this information is taken from the website and the cookie that is stored on the user’s computer system. Another example of a cookie is those used in the shopping basket of an online shop. Online shops use cookies to remember the items that a customer has placed into the virtual basket.

The data subject can prevent cookies from being set by our website at any time by adjusting their browser settings accordingly, thereby permanently withdrawing consent to the use of cookies. Additionally, cookies which have already been set can be deleted at any time via your browser or other software programs. This is possible in all common browsers. If the data subject deactivates the use of cookies in their browser, some of our website features may, in certain circumstances, not be available in full.

 

5. COLLECTING GENERAL DATA AND INFORMATION

If you contact our business (e.g. by making enquiries over the phone or in writing, via offers, orders, trade fair contact, visits etc.), the information you have provided (name of business partner, your e-mail address, your name, your telephone number and possibly your role within our partner company) will be saved by us to answer your questions and make contact.

Walther Flender GmbH’s website also collects a range of general data and information each time it is accessed by a data subject or automated system. This general data and information is saved in the server’s log files. We may collect (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 (‘referrers’), (4) the sub-websites which may access our website via another system, (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, Walther Flender 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) optimise and promote the content on our website, (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 the case of a cyber-attack. Walther Flender GmbH therefore performs statistical analyses of data and information collected anonymously. The aim of this is on the one hand to increase data protection and data security within our company, and on the other hand to achieve an optimal level of protection for the personal data we process. The anonymous data from the server log files are stored separately from all personal data provided by a data subject.

 

6. REGISTRATION ON OUR WEBSITE

a) In the case of a purely informative use of the website, i.e. if you do not register, we only collect the personal data that your browser transmits to our server.
b) The data subject has the possibility to register on the website of the data controller by providing personal data. The personal data transmitted to the data controller is determined by the registration form. Only registered users have access to the services offered, such as the purchase of CAD models or the use of our calculation tools. The data is entered into an input mask and transmitted and stored to us and, if you use the various digital services, to the providers of the various digital service tools. These include our service partners iMi digital GmbH, CADENAS Konstruktions-, Softwareentwicklungs- und Vertriebs GmbH, TraceParts S.A.S., TEDATA Gesellschaft für technische Informationssysteme mbH and Sendinblue GmbH. We use a double opt-in process for registration, which means that your registration is only complete once you have confirmed your registration by clicking on the link contained in a confirmation email sent to you for this purpose. As part of the registration process, the user's consent to the processing of his or her personal data is requested.

 

7. CONTACT VIA OUR WEBSITE

Owing to legal requirements, the website of Walther Flender GmbH contains information that enables our company to be contacted quickly by electronic means, as well as enabling direct communication with us, including via our general electronic mail address (e-mail address). If a data subject contacts the controller by e-mail or via a contact form, their personal data are automatically stored. Such personal data is transmitted on a voluntary basis by a data subject to the data controller and stored for processing or contacting the data subject. This personal data is not shared with third parties.

 

8. NEWSLETTER AND DIRECT ADVERTISING

Users are given the opportunity on our website or via other contact options to subscribe to a newsletter at no cost. The data from the input mask used when registering for the newsletter is transmitted to us. During the registration process, you will be asked to provide your consent to data processing and will be directed to this privacy policy. The user’s e-mail address is collected to send the newsletter. The processing of data after the user has signed up to the newsletter is lawful if the user has given consent (article 6, paragraph 1, lit. a GDPR).

Insofar as we send newsletters or other kinds of direct advertising to our business partners with which we have a long-term relationship, or to potential new customers that use products our services like ours, processing of data is lawful if it is required to send the materials (especially e-mail address) (article 6, paragraph 1, lit. f. GDPR).

If processing of your personal data interferes with your interests, you may withdraw your consent. This includes cases where data processing is not required to fulfil contractual obligations with you, as we will demonstrate in the following description of functions. When submitting your withdrawal of consent, we ask you to please explain the reasons why we should not process your personal data in the usual way. If your request for withdrawal of consent is justified, we will examine the matter and either cease processing your data, adjust processing accordingly, or explain to you the compelling and legitimate grounds on which we will continue processing the data.

You may withdraw consent for the processing of your personal data for advertising and data analysis purposes at any time. You can notify your contact person at our company of your intention to withdraw consent.

 

9. ROUTINE ERASURE AND BLOCKING OF PERSONAL DATA

 

The data controller shall process and store the data subject’s personal data only for as long as is necessary to achieve its intended purpose, or insofar as this is granted by the EU or other legislators to which the controller is subject.

If the purpose of storage does not apply, or if the storage period designated by the EU or another competent legislator expires, the personal data are routinely blocked or deleted in accordance with legal requirements.

 

10. RIGHTS OF THE DATA SUBJECT

 

a) Right to confirmation

The EU grants each data subject the right to obtain confirmation from the controller as to whether personal data concerning him or her are being processed. If a data subject wishes to avail themselves of this right to confirmation, they may contact any of our employees at any time.

b) Right of access

The EU grants each data subject the right to obtain information from the controller about their personal data held on file at no cost and at any time, as well as receive a copy of this information. EU directives and regulations further 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 recipient 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 the source 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 envisages 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 transmitted to a third country or 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 themselves of this right to information, he or she may contact any of the controller’s employees at any time.

c) Right to rectification

The EU grants each data subject the right without undue delay to request the rectification of any inaccurate personal data concerning him or her. Taking into account the purposes of its processing, the data subject shall also have the right to have incomplete personal data completed, including by means of a supplementary statement.

If a data subject wishes to exercise this right to rectification, he or she may contact any of the controller’s employees at any time.

d) Right to erasure (right to be forgotten)

The EU grants each data subject the right 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, insofar as processing is not necessary:

 

The personal data are no longer necessary for the purposes for which they were collected or otherwise processed.

The data subject withdraws consent on which the processing is based according to point (a) of Article 6(1) GDPR, or point (a) of Article 9(2) GDPR, and where there is no other legal ground for the processing.

The data subject objects to the processing in accordance with Article 21(1) GDPR, and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) GDPR.

The personal data have been unlawfully processed.

The personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.

The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) GDPR.

If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of their personal data stored by Walther Flender GmbH, he or she may contact any of the controller’s employees at any time. The employees at Walther Flender GmbH shall ensure that the requested information is deleted immediately.

Where the data controller has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, Walther Flender GmbH, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the public personal data that the data subject has requested the erasure by such controllers of any links to this personal data, or copy or replication of those personal data, insofar as processing is no longer necessary. Staff at Walther Flender GmbH will arrange for the necessary measures to be taken on a case-by-case basis.

e) Right to restriction of processing

The EU grants each data subject the right 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 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) GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.

If one of the conditions mentioned above is met, and a data subject wishes to request the restriction of processing of personal data stored by Walther Flender GmbH, they may contact one of the controller’s employees at any time. The staff of Walther Flender GmbH will arrange the restriction of processing.

f) Right to data portability

The EU grants each data subject the right to receive personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. They shall also have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided insofar as processing is based on consent pursuant to item (a) of Article 6(1) GDPR or item (a) of Article 9(2) GDPR, or on a contract pursuant to item (b) of Article 6(1) GDPR, and the processing is carried out by automated means, as long as 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 their right to data portability pursuant to Article 20(1) 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 contact the employees of Walther Flender GmbH at any time.

g) Right to object

The EU grants each data subject the right to object at any time on grounds relating to his or her particular situation to the processing of personal data concerning them, in accordance with item (e) or (f) of Article 6(1) GDPR. This also applies to profiling based on these provisions.

Walther Flender GmbH will no longer process the personal data in the event of an objection, unless we can demonstrate compelling legitimate grounds for processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims.

If Walther Flender GmbH processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to the 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 Walther Flender GmbH processing for direct marketing purposes, Walther Flender GmbH will no longer process their personal data for these purposes.

In addition, the data subject has the right, on grounds relating to their particular situation, to object to Walther Flender GmbH processing personal data concerning them for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) GDPR, unless processing is necessary for the performance of a task carried out in the public interest.

To assert the right to object, the data subject may contact the staff of Walther Flender GmbH directly or another employee at any time. 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 their right to object by automated means using technical specifications.

h) Automated individual decision-making, including profiling

The EU grants each data subject the right not to a decision based solely on automated processing, including profiling, which produces legal effects concerning them, or similarly significantly affects them insofar 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, Walther Flender 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, they may contract a member of the controller’s staff at any time.

i) Right to withdraw data protection consent

The EU grants each data subject the right to withdraw their consent to the processing of their personal data at any time.

If the data subject wishes to exercise the right to withdraw consent, they may contact a member of the controller’s staff at any time.

 

11. DATA PRIVACY IN THE CASE OF APPLICATIONS, APPLICATION PROCEDURES AND USE OF THE “SOFTGARDEN” CAREERS PORTAL

The data controller shall collect and process applicants’ personal data for the purpose of processing an application. Processing may also be carried out electronically. This is particularly relevant if an applicant submits documents to the controller by e-mail or via a contact form on the controller’s website.

The data controller process the application data using software provided by softgarden e-Recruiting GmbH, Tauentzienstr. 14, 10789 Berlin, Germany (www.softgarden.de) under the vacancy portal link. In this respect, softgarden e-Recruiting GmbH shall process the data entered under this link by you on behalf of Walther Flender GmbH. If you use the vacancy portal careers tool on our website, the data you provide us with shall initially be passed onto our Human Resources department via the softgarden.de website, which is provided by softgarden e-recruiting GmbH, for the purpose of further processing and verification. We have concluded a processing contract with softgarden e-recruiting GmbH in accordance with Art. 28 of the GDPR.

If the data controller concludes an employment contract with an applicant, the submitted data will be stored for the purpose of processing the employment relationship in compliance with legal requirements. If the controller does not conclude an employment contract with the applicant, the application documents shall be erased no later than three years after notification of the refusal decision. The controller is considered to have a legitimate interest in the storage of application data if the purpose is to meet the requirement to retain evidence to prevent claims under the German General Act Equal Treatment (AGG), for which claims can be made within the three-year statutory period of limitation.

12. DATA PRIVACY PROVISIONS ON THE APPLICATION AND USE OF GOOGLE ANALYTICS (WITH ANONYMISATION FEATURE)

The controller’s website contains built-in Google Analytics components (with an anonymisation feature). Google Analytics is a web analysis service. Web analytics is the collection, gathering, and analysis of data in relation to how visitors behave on websites. A web analysis service collects data about the website from which a person has come (the ‘referrer’), which pages were visited, or how often and for how long a page was viewed etc. Web analytics are mainly used to optimise a website and to carry out a cost-benefit analysis of Internet advertising.

The operator of the Google Analytics plug-in is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, United States.

The controller uses the application “_gat. _anonymizeIp” for web analysis using Google Analytics. The application lets Google truncate and anonymise the IP address of the data subject’s Internet connection when accessing our websites from a European Union Member State or another state contracting to the Agreement on the European Economic Area.

The Google Analytics plug-in is used to analyse the traffic on our website. Google uses the collected data and information to evaluate the use of our website and to compile online reports etc. which show website activity, and to provide us with other services concerning the use of our Internet site.

Google Analytics sets a cookie on the data subject’s IT system. Cookies have been explained above. Google Analytics sets a cookie on the data subject’s IT system. Each time an individual page of this website, which is operated by the controller and which features a built-in Google Analytics plug-in, is accessed, the web browser on the data subject’s IT system is automatically prompted by Google Analytics to transmit data to Google for the purpose of online analysis. During the course of this technical procedure, Google tracks personal information, such as the IP address of the data subject, which lets Google understand where visitors and clicks come from etc, and subsequently allows for commission settlements to be created.

The cookie is used to store personal information, such as time of access, access location, and how often the data subject visits our website. With each visit to our Internet site, such personal data, including the IP address linked to the data subject’s Internet connection, will be transmitted to Google in the United States of America. These personal data are stored by Google in the United States of America. In certain circumstances, Google may share with third parties personal data collected through that technical procedure.

As explained above, the data subject can prevent our website from setting cookies by adjusting their Internet browser settings accordingly at any time, thereby permanently rejecting the use of cookies. The browser setting would also prevent Google from setting a cookie on the data subject’s IT system. Additionally, cookies which have already been set by Google Analytics can be deleted at any time via your browser or other software programs.

The data subject can further object to the collection of data related the use of this website and generated by Google Analytics, as well as its processing, and to prevent such processing. For this purpose, the data subject must download and install a browser add-on under the link https://tools.google.com/dlpage/gaoptout. This browser add-on tells Google Analytics through a JavaScript that data and information about users who visit websites may not be transmitted to Google Analytics. If a browser add-on is installed, Google will regard it as an objection to data transfer. If the data subject’s IT system is later deleted, formatted, or reinstalled, the data subject must reinstall the browser add-ons to disable Google Analytics. If the browser add-on was uninstalled or disabled by the data subject or any other person who is attributable to their sphere of competence, it is possible to reinstall or reactivate the browser add-ons.

For further information about Google and its privacy provisions, see https://www.google.com/intl/en/policies/privacy/ and http://www.google.com/analytics/terms/us.html. Google Analytics is explained in more detail at the following link https://www.google.com/analytics/.

 

13. DATA PRIVACY PROVISIONS ON THE APPLICATION AND USE OF YOUTUBE

The controller has integrated YouTube components on this website. Here, the extended data protection with YouTube has been activated. The standard contractual clauses on data protection have been concluded with YouTube. YouTube is an Internet video portal that allows video publishers to post video clips free of charge and other users to view, rate and comment on them free of charge. YouTube allows the publication of all kinds of videos, which is why complete film and television programmes, but also music videos, trailers or videos made by users themselves can be accessed via the internet portal.

The operating company of YouTube is YouTube, LLC, 901 Cherry Ave, San Bruno, CA 94066, USA. YouTube, LLC is a subsidiary of Google Inc, 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.

Each time one of the individual pages of this website operated by the data controller is called up and on which a YouTube component (YouTube video) has been integrated, the internet browser on the information technology system of the data subject is automatically caused by the respective YouTube component to download a representation of the corresponding YouTube component from YouTube. Further information on YouTube can be found at https://www.youtube.com/yt/about/de/. Within the scope of this technical procedure, YouTube and Google receive information about which specific sub-page of our website is visited by the data subject.

If the data subject is logged into YouTube at the same time, YouTube recognises which specific sub-page of our website the data subject is visiting when a sub-page containing a YouTube video is called up. This information is collected by YouTube and Google and assigned to the respective YouTube account of the data subject.

YouTube and Google always receive information via the YouTube component that the data subject has visited our website if the data subject is logged into YouTube at the same time as calling up our website; this takes place regardless of whether the data subject clicks on a YouTube video or not. If the data subject does not want this information to be transmitted to YouTube and Google, he or she can prevent the transmission by logging out of his or her YouTube account before accessing our website.

The data protection provisions published by YouTube, which can be accessed at https://www.google.de/intl/de/policies/privacy/, provide information on the collection, processing and use of personal data by YouTube and Google.

14. LEGAL BASIS FOR PROCESSING

 

Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for which we have obtained consent for a specific 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, processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations necessary for carrying out pre-contractual measures, as is the case with inquiries concerning our products or services. If our company is subject to a legal obligation which requires processing of personal data, such as for the fulfilment of tax obligations, processing is based on Art. 6(1) lit. c GDPR. In rare cases, processing of personal data may be necessary to protect the essential interests of the data subject or another natural person. That would be the case, for example, if a visitor were injured in our company and we had to share his name, age, health insurance data or other essential information with a doctor, hospital or other third parties. In that case, processing would be based on Art. 6(1) lit. d GDPR. Finally, processing operations could be based on Art. 6(1) lit. d GDPR. This legal basis is used for processing operations which are not covered by any of the aforementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject. Such processing operations are permissible in particular because they have been specifically mentioned by the EU. It considered that a legitimate interest could be assumed if the data subject is a client of the controller (recital 47, sentence 2 GDPR).

 

15. 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 favour of the welfare of all our employees and shareholders.

 

16. PERIOD FOR WHICH PERSONAL DATA IS STORED

The respective statutory retention period is used to determine the duration for which personal data is stored. The corresponding data is routinely deleted after that period has expired, as long as it is no longer required to fulfil or initiate the contract.

 

17. PROVISION OF PERSONAL DATA AS STATUTORY OR CONTRACTUAL REQUIREMENT; REQUIREMENT NECESSARY TO ENTER INTO A CONTRACT; OBLIGATION OF THE DATA SUBJECT TO PROVIDE PERSONAL DATA; POSSIBLE CONSEQUENCES OF FAILURE TO PROVIDE SUCH DATA

 

We would like to 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 for the data subject to provide us with personal data when concluding a contract, which we subsequently have to process. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with them. The non-provision of personal data would mean the contract could not be concluded with the data subject. The data subject must contact one of our employees prior to providing their personal data. Our staff will explain to the data subject whether the provision of the personal data is required by law, contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of not providing personal data.

 

18. AUTOMATED DECISION-MAKING

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

 

 

 

(Last updated: October 2023)