Data protection information about our data processing pursuant to Art. 13 and 21 GDPR
We take data protection seriously and inform you herby about how we process your data and which rights and remedies you have under privacy regulations.
1. Responsible person regarding to data protection law and contact information of our data protection officer
Responsible person under data protection law is:
GmbH & Co. KG
Fon: +49 231 94 55 220
Fax: +49 231 94 55 209
You can contact our data protection officer via following email address: [email protected]
Purpose and legal basis for our data processing are:
We process personal data in accordance to the provisions of the GDPR, the German Bundesdatenschutzgesetz and other applicable privacy regulations. Which data we process and use in detail, depends on the agreed service.
2.1. Processing is necessary for the performance of a contract or steps prior to entering a contract (Art. 6 (1) b GDPR)
We process your personal data to perform our contract with you, to conduct your orders and to perform measures and activities prior to entering a contract. The data processing is especially performed to create invoices due to your orders and includes all the applicable measures, services and activities.
2.2 Processing is necessary for the purposes of legitimate interest (Art. 6 (1) f GDPR)
We process personal data, where applicable, beyond and above the performance of contracts or preliminary contracts, if necessary, to safeguard our or third party’s legitimate interests, especially in cases of:
• Marketing or market and opinion research, only if you granted your permission in advance
• Obtaining information and exchange data with credit agencies, when covered by our legitimate interest
• Enrich our data with results from research out of publicly available data
• Restricted storage of data, when an erasure is not viable or only with disproportionate high effort, due to the special kind of storage
2.3 If you have given your consent (Art. 6 (1) a GDPR)
With your consent you could subscribe to our newsletter and we keep you updated on interesting offers. Mandatory information for the subscription is only your email address. We store your email address only to send you the newsletter. Legal basis therefor is Art. 6 (1) lit. a GDPR. You are free to withdraw you consent at any time with effect for the future and cancel your subscription for our newsletter. You can use the link at the end of every newsletter or send us a mail to the aforementioned email address of our responsible person.
2.4 Processing is necessary for compliance with legal obligation (Art. 6 (1) lit. c GDPR) or the performance of a task carried out in public interest or in the exercise of official authority (Art. 6 (1) lit. e GDPR)
We are subject to a variety of governmental requirements (e.g. commercial or tax law), or requirements of the competent authorities or other official regulations. The purposes of processing your data can be, if required, identity and age verification, money laundering and fraud prevention and the prevention, combating and solvation of terroristic financing and wealth-threatening offences, possible matches on European and International anti-terror-lists, the fulfillment of fiscal controlling and reporting obligations and the archiving of data for data protection and data security reasons and the review of the tax and other authorities. Beyond that it can be necessary to reveal personal data for governmental or judicial measures for reasons of the collection of evidence, law enforcement or the enforcement of claims under civil law.
3. categories of data processed, in cases we didn’t received data directly from you and their origin
If necessary, for our services, we process and use legally obtained personal data from other companies or other third parties (e.g. credit agencies). Additionally, we process data we obtained legally from publicly accessible sources (e.g. telephone directories, commercial and association registers etc.).
Recipients or categories of recipients of your data
Only the departments and organizational units of our company receive your personal data, which needs them to fulfill our contractual or legal duties or need them in purposes of our legitimate interest. We transfer your data to external institutions solely for the following reasons:
• In connection with contract processing
• To fulfill legal requirements
• To process our legitimate interest or legitimate third-party interests for the under section 2.2. named aims (e.g. for authorities, credit agencies, debt collection, lawyers, courts, experts, group enterprises and committees and supervisory bodies.
• In cases you have given us your consent to transfer your data to third parties.
Furthermore, we do not transfer your personal data to third parties.
4. Duration of the storage of your personal data
We process and store your data for the duration of our business relationship. This includes the steps prior to entering a contract (preliminary contract) and performance of the contract. Furthermore, we store data, which has to be stored out of commercial and fiscal requirements for 10 years. Other data, which are not subject to fiscal regulations, are stored for the regular limitation period for claims (§§ 195,199 BGB), under particular circumstances the duration period can be 30 years.
If your data is no longer needed for the fulfillment of contractual or legal obligations, it will be deleted, unless it is required for the fulfillment of the, in Section 2.2 named purposes, for a processing of legitimate interest.
5. Processing of your data in non-member countries or by international organizations
Your data will be only transferred to recipients in non-member countries (not EU members or members of the EEA), when it is necessary for the fulfillment of a contract/order we concluded, it is legally mandatory (e.g. fiscal reporting), it is in our legitimate interest or the legitimate interest of third-parties or you have given us your consent.
The processing of your data in a non-member country can be proceeded in connection with the cooperation with processors pursuant to Art. 28 GDPR. In cases the relevant country has no decision of the European Commission about the adequacy of the level of data protection and data security, we assure according to appropriate contracts under EU privacy law that your rights and freedoms will be adequately protected and guaranteed.
6. Your privacy rights
You have following rights against us regarding your personal data:
• Right of access
• Right of rectification or erasure
• Right of restriction of processing
• Right to object
• Right to data portability
Additionally, you have the right to lodge a complaint to a supervisory authority about the processing of your personal data by us.
7. Credit agencies
Our company evaluate regularly the credit rating of our clients, if there is a legitimate interest, e.g. if our company has to bear the risks of financial losses. We work together with the institution Crif Bürgel GmbH, Leopoldstraße 244, 80807 München which provides us the needed data. Due to this purpose we transfer your personal data out of our contract, which are needed for the credit report to Crif Bürgel GmbH. Legal basis for the transfer of your personal data is Art. 6 (1) f, Art. 6 (1) b) GDPR. Information pursuant to Art. 14 GDPR about data processing at the credit agency, are provided under the following link https://www.crifbuergel.de/en/privacy.
Information about your right to reject (Art. 21 GDPR)
(1) You are free to withdraw your consent to the processing of your personal data at any time. Such revocation will impact the reliability of the processing of your personal data once it has been issued to us.
(2) To the extent that the processing of your personal data is based on the balancing of interests, you may object to the processing. This is the case if the processing is not required to execute a contract, we may have with you. Please refer to the descriptions of the respective functions below for details. Should you object to the processing of your personal data, please indicate the reasons why you do not wish for your personal data to be processed as commonly practiced by us. In the event of your justified objections, we will examine the situation and will either discontinue/adapt the processing of your personal data or explain our compelling and justified reasons why we will continue to process your personal data.
(3) As a matter of course, you may object to the processing of your personal data for advertising and data analysis purposes at any time. To object to the processing of your personal data for advertising purposes, please contact us.
You can withdraw without any formal requirements at the following address:
GmbH & Co. KG
Fon: +49 231 94 55 220
Fax: +49 231 94 55 209