Data protection is a top priority for reflecta gmbh. The reflecta gmbh website can be used at any time without entering any personal data. However, if a data subject wishes to make use of specific services offered by our company via our website, the processing of personal data may be necessary. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the data subject’s consent.
As the controller, reflecta gmbh has implemented numerous technical and organisational measures in order to ensure the protection of the personal data processed through this website with as few gaps as possible. However, online data transmissions can always have security gaps, meaning that absolute protection cannot be assured. For this reason, every data subject is free to submit personal data to us by alternative means, e.g. by phone.
• a) 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.
• b) Data subject
A data subject is any identified or identifiable natural person whose personal data are processed by the controller.
• c) Processing
Processing means 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.
• (d) Restriction of processing
Restriction of processing means the marking of stored personal data with the aim of limiting their processing in the future.
• e) Profiling
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.
• f) Pseudonymisation
Pseudonymisation means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
• (g) Controller
Controller means 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.
• b) 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 in the framework of a particular inquiry in accordance with Union or Member State law are not regarded as recipients.
• j) Third party
Third party means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
• k) Consent
Consent 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. Controller’s name and address
The controller within the meaning of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union and other provisions of a data protection nature is:
72184 Eutingen im Gäu
Tel.: 0 74 57 / 94 65 60
3. Name and address of the Data Protection Officer
The controller’s Data Protection Officer is:
72184 Eutingen im Gäu
Tel.: 0 74 57 / 94 65 60
Any data subject may contact our Data Protection Officer directly at any time with any questions or suggestions regarding data protection.
Data subjects can prevent the storage of cookies by our website at any time by using the appropriate setting on the web browser they are using and thus permanently counter the storage of cookies. Furthermore, cookies already stored can be deleted at any time via a web browser or other software programs. This is possible in all common web browsers. If the data subject deactivates the storage of cookies in the web browser used, not all functions of our website may be fully usable.
5. Collection of general data and information
Whenever it is accessed by a data subject or an automated system, the reflecta gmbh website collects a range of general data and information. Such general data and information are stored in the web server’s log files. The (1) browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system accesses our website (so-called referrer), (4) the sub-sites on our website which an accessing system visits, (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 which are used for emergency response in the event of attacks on our IT systems may be recorded.
When using these general data and information, reflecta gmbh does not draw any conclusions regarding the data subject. Rather, this information is required (1) to correctly deliver the content of our website, (2) to optimise the contents of our website and the advertisements for it, (3) to ensure the ongoing functionality of our IT systems and the technology of our website, and (4) to provide the information required for prosecution to the law enforcement authorities in the event of a cyber-attack. These anonymously collected data and information are therefore subjected by reflecta gmbh to statistical analysis, on the one hand, and furthermore analysed with the aim of improving data protection and data security in our company in order to ultimately ensure an optimal level of protection for the personal data processed by us. The anonymous data in the server log files are stored separately from any and all personal data provided by a data subject.
6. Registration on our website
The data subject has the option to register on the controller’s website by providing personal data. The personal data which are transferred to the controller stem from the input mask used for 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, e.g. a parcel service provider, who will also use the personal data exclusively for internal use attributable to the controller.
By registering on the controller’s website, the IP address allocated by the Internet Service Provider (ISP) of the data subject, the date and the time of registration are stored as well. These data are stored against the background that this is the only way to prevent misuse of our services and, if necessary, to enable us to clarify criminal offences that have been committed. In this respect, the storage of these data is required for the controller’s protection. Such data are not passed on to third parties, unless a statutory obligation to pass them on applies or their disclosure serves the purpose of criminal prosecution.
Following the registration of the data subject by voluntarily providing personal data, the controller can 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 erased from the controller’s database.
The controller provides any data subject at any time, upon request, with information on what personal data are stored regarding the data subject. Furthermore, the controller will correct or erase personal data upon the data subject’s request or notification, unless this is opposed by any legal obligation to retain such data. In this regard, the entire staff of the controller are available as contacts for the data subject.
7. Subscription to our newsletter
On the reflecta gmbh website, users are given the opportunity to subscribe to our company newsletter. The input screen used for subscribing to the newsletter determines what personal data are transferred to the controller.
reflecta gmbh regularly informs its customers and business partners about offers of the company by way of a newsletter. Our company’s newsletter can only be received by the data subject if (1) the data subject has a valid e-mail address and (2) the data subject has subscribed to the newsletter. For legal reasons, a confirmation e-mail will be sent to the e-mail address the data subject initially enters for the newsletter using the double opt-in procedure. This confirmation e-mail serves to verify whether the owner of the e-mail address as data subject has authorised the 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 allocated by the Internet Service Provider (ISP) as well as the date and time of registration . The collection of these data is required for being able to trace the (possible) misuse of a data subject’s e-mail address at a later date, and therefore serves the purpose of our legal protection.
Personal data collected as part of a newsletter subscription are used exclusively for sending our newsletter. Subscribers to the newsletter may also be informed by e-mail insofar as 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 offering, or changes to the technical circumstances. Personal data collected within the context of the newsletter service will not be forwarded to third parties. The data subject may cancel his/her subscription to our newsletter at any time. The consent to the storage of personal data given by the data subject for sending out our newsletter may be revoked at any time. A corresponding link is provided in each newsletter for the purpose of revoking such consent. Furthermore, it is also possible to unsubscribe from the newsletter at any time directly on the controller’s website or to inform the controller of this in another way.
8. Newsletter tracking
The newsletters of reflecta gmbh contain so-called tracking pixels. A tracking pixel is a thumbnail graphic that is embedded in such e-mails that are 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. Based on the embedded tracking pixel, reflecta gmbh can see if and when an e-mail was opened by a data subject, and which links included in the e-mail were accessed 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 optimise the newsletter dispatch and to better adapt the content of future newsletters to the data subject’s interests. Such personal data will not be forwarded to third parties. Data subjects are entitled at any time to revoke the separate declaration of consent given in this regard via the double opt-in procedure. After such consent is revoked, these personal data will be erased by the controller. reflecta gmbh automatically interprets a cancellation of the newsletter subscription as a revocation.
9. Contact via the website
As stipulated by statutory provisions, the reflecta gmbh website contains details which enable quick electronic contact to our company 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 transferred by the data subject are stored automatically. Such personal data provided on a voluntary basis by a data subject to the controller will be stored for the purpose of processing or contacting the data subject. Such personal data will not be passed on to third parties.
10. Routine erasure and blocking of personal data
The controller will process and store personal data of the data subject only for the period of time required to achieve the purpose of storage or where stipulated by the European regulator 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 set by the European regulator or other competent legislator expires, the personal data will be routinely blocked or erased in accordance with the statutory provisions.
11. Rights of the data subject
• a) Right to confirmation
Every data subject shall have the right granted by the European regulator 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 contact an employee of the controller at any time for this purpose.
• b) Right of access
Every data subject shall have the right granted by the European regulator to obtain from the controller, at any time and free of charge, access to the personal data stored concerning him or her, as well as a copy of such data. Furthermore, the European regulator has granted the data subject access to the following information:
• Right to rectification
o the purposes of the processing
o the categories of personal data concerned
o 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
o where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period
o 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
o the right to lodge a complaint with a supervisory authority
o where the personal data are not collected from the data subject: any available information as to their source
o the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject
Furthermore, the data subject shall have the right to be informed whether personal data have been transferred to a third country or to an international organisation. If 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 exercise this right of access, he or she may contact an employee of the controller at any time for this purpose.
• Every data subject shall have the right granted by the European regulator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Furthermore, 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 of rectification, he or she may contact an employee of the controller at any time for this purpose.
• d) Right to erasure (right to be forgotten)
Every data subject shall have the right granted by the European regulator to obtain from the controller the erasure of personal data concerning him or her without undue delay where one of the following grounds applies and where the processing is not required:
o the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
o 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;
o the data subject objects to the processing pursuant to 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;
o the personal data have been unlawfully processed;
o 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;
o 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 arrange for the erasure of personal data stored by reflecta gmbh, he or she may, at any time, contact an employee of the controller for this purpose. The employee of reflecta gmbh will ensure that the request for erasure is complied with immediately.
If the personal data have been made public by reflecta gmbh and if our company as the controller is obliged to erase the personal data pursuant to Article 17(1) GDPR, reflecta gmbh will implement reasonable measures, including technical measures, taking into account the available technology and the cost of implementation, in order to inform other controllers who process the published personal data that the data subject has demanded from those other controllers the erasure of all links to or copies or replications of such personal data, unless the processing is necessary. The employee of reflecta gmbh will arrange for the necessary action to be taken in individual cases.
• Right to restriction of processing
Every data subject shall have the right granted by the European regulator to obtain from the controller restriction of processing where one of the following applies:
• Right to data portability
o 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.
o The processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead.
o 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.
o The data subject has objected to processing pursuant to Article 21(1) GDPR and it is not yet certain 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 demand the restriction of personal data stored by reflecta gmbh, he or she may, at any time, contact an employee of the controller for this purpose. The employee of reflecta gmbh will arrange for the restriction of the processing.
• Each data subject shall have the right granted by the European regulator 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. He or she 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, where the processing is based on consent pursuant to point (a) of Article 6(1) GDPR or point (a) of Article 9(2) GDPR or on a contract pursuant to point (b) of Article 6(1), and the processing is carried out by automated means, unless the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) GDPR, the data subject shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible and insofar as the rights or freedoms of others are not adversely affected.
In order to assert the right to data portability, the data subject may contact an employee of reflecta gmbh at any time.
• g) Right to object
• Every data subject shall have the right granted by the European regulator 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) GDPR, including profiling based on those provisions.
If the data subject objects, reflecta gmbh shall no longer process the personal data unless it demonstrates 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.
Should reflecta gmbh process 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, which includes profiling to the extent that it is related to such direct marketing. If the data subject objects to processing for direct marketing purposes by reflecta gmbh, the personal data shall no longer be processed for such purposes.
In addition, where personal data are processed by reflecta gmbh for scientific or historical research purposes or statistical purposes pursuant to Article 89(1) GDPR, the data subject, on grounds relating to his or her particular situation, shall have the right to object to processing of personal data concerning him or her, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
To exercise the right to object, the data subject may directly contact an employee of reflecta gmbh or another employee. In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, the data subject may exercise his or her right to object by automated means using technical specifications.
• h) Automated individual decision-making, including profiling
Any data subject shall have the right granted by the European regulator 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 such decision (1) is necessary for entering into, or performance of, a contract between the data subject and the controller; or (2) is 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 based on the data subject’s explicit consent.
If the decision (1) is necessary for entering into, or performance of, a contract between the data subject and the controller; or (2) is based on the subject’s explicit consent, reflecta 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 to contest the decision.
If the data subject wishes to exercise rights with regard to automated decisions, he or she may, at any time, contact an employee of the controller.
• i) Right to withdraw a consent under data protection law
Each data subject shall have the right granted by the European regulator to withdraw his or her consent to the processing of personal data at any time.
If the data subject wishes to exercise his or her right to withdraw a consent, he or she may, at any time, contact an employee of the controller.
12. Data protection provisions on the use of Google Analytics (with anonymisation function)
The controller has integrated the module Google Analytics (with anonymisation function) into this website. Google Analytics is a web analysis service. Web analysis is the collection, compilation and evaluation of data on the behaviour of website visitors. Among other things, a web analysis service collects data on the website from which a data subject arrived at a website (so-called referrer), what sub-pages of the website were accessed or how often and for how long a sub-page was viewed. Web analysis is predominantly used for optimisation of a website and for cost-benefit analysis of online advertising.
The operating company for the Google Analytics module is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.
The controller uses the “_gat._anonymizeIp” add-on for web analysis using Google Analytics. Through this add-on, Google shortens and anonymises the IP address for the data subject’s Internet connection if our website is accessed from a Member State of the European Union or from another state which is a party to the Agreement on the European Economic Area.
The purpose of the Google Analytics module is the analysis of visitor flows on our website. Google uses the data and information gained, among other things, to evaluate the use of our website in order to put together online reports which show the activity on our website and in order to provide other services in connection with the use of our website.
Google Analytics stores a cookie on the data subject’s IT system. Cookies have already been explained above. Storage of the cookie allows Google to analyse the use of our website. With each view of the individual pages of this website which is operated by the controller and on which a Google Analytics module has been integrated, the web browser on the data subject’s IT system is automatically prompted by the respective Google Analytics module to communicate to Google data for the purpose of online analysis. During the course of this technical process, Google gains knowledge of personal data such as the data subject’s IP address which Google uses, among other things, to trace the visitor’s origin and clicks and, as a result, to allow for commission settlement.
Personal information such as the access time, the location from which the site was accessed and the frequency of the data subject’s visits to our website are recorded using the cookies. These personal data, including the IP address of the Internet connection used by the data subject, are transferred to Google in the United States of America with each visit to our website. These personal data are stored by Google in the United States of America. Google may disclose these personal data collected through the technical process to third parties under some circumstances.
As outlined above, the data subject can prevent the storage of cookies by our website at any time using the appropriate setting on the web browser he or she is using and thus permanently counter the storage of cookies. Such a setting in the web browser used would also prevent Google from storing a cookie on the data subject’s IT system. In addition, a cookie which has already been stored by Google Analytics can be erased at any time via the web browser or other software programs.
More information and the applicable Google data protection provisions can be found at https://www.google.de/intl/de/policies/privacy/ and http://www.google.com/analytics/terms/de.html. Google Analytics is explained in more detail under this link: https://www.google.com/intl/de_de/analytics/.
13. Data protection provisions on the use of Google AdWords
The controller has integrated Google AdWords into this website. Google AdWords is a service for Internet advertising that enables advertisers to place ads both in the search engine results of Google and in the Google advertising network. By using Google Ads, the advertiser can determine certain keywords in advance by means of which an ad is only displayed in the Google search engine results if the user retrieves a keyword-relevant search result with the search engine. In the Google advertising network, the ads are distributed to websites related to the subject by means of an automated algorithm and by following the previously determined keywords.
The operating company for services of Google AdWords is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.
The purpose of Google AdWords is to advertise our website by displaying interest-relevant advertising on the websites of third-party companies and in the search engine results of the Google search engine and to display third-party advertising on our website.
If a data subject accesses our website via a Google ad, a so-called conversion cookie is placed by Google on the data subject’s IT system. Cookies have already been explained above. A conversion cookie is no longer valid after thirty days and does not serve to identify the data subject. Unless the cookie has expired, it can be identified via the conversion cookie whether certain sub-pages have been accessed on our website, such as an online shop system’s shopping basket. Through the conversion cookie, both we and Google can track whether a data subject who accessed our website via an AdWords ad has generated a revenue, i.e. performed or interrupted a purchase of goods.
Data and information collected by using the conversion cookie are used by Google to create user statistics for our website. These visit statistics are in turn used by us to identify the total number of users who were referred to us via AdWords ads, i.e. to determine the success or failure of the respective AdWords ad and to optimise our AdWords ads for the future. Neither we nor other Google AdWords customers obtain information from Google that could help identify the data subject.
Personal data, such as websites accessed by the data subject, are stored by means of the conversion cookies. Accordingly, personal data, including the IP address of the Internet connection used by the data subject, are transferred to Google in the United States of America with each visit to our website. These personal data are stored by Google in the United States of America. Google may disclose these personal data collected through the technical process to third parties under some circumstances.
As outlined above, the data subject can prevent the storage of cookies by our website at any time using the appropriate setting on the web browser he or she is using and thus permanently counter the storage of cookies. Such a setting of the web browser used would also prevent Google from storing a conversion cookie on the data subject’s IT system. In addition, a cookie which has already been stored by Google AdWords can be erased at any time via the web browser or other software programs.
Furthermore, the data subject has the option to object to interest-based advertising by Google. To do this, the data subject must access the link www.google.de/settings/ads from all of the web browsers he or she uses and make the desired settings there.
More information and the applicable Google data protection provisions can be found at https://www.google.de/intl/de/policies/privacy/.
14. Payment method: Data protection provisions on PayPal as a payment method
The controller has integrated modules of PayPal into this website. PayPal is an online payment service provider. Payments are processed via so-called PayPal accounts, which are virtual private or business accounts. In addition, PayPal offers the option of processing virtual payments via credit cards if a user does not have a PayPal account. A PayPal account is managed via an e-mail address, which is why there is no classic account number. PayPal makes it possible to initiate online payments to third parties and to receive payments. PayPal also assumes trustee functions and offers buyer protection services.
The European operating company of PayPal is PayPal (Europe) S.à.r.l. Cie. S.C.A., 22-24 Boulevard Royal, 2449 Luxembourg, Luxembourg.
If the data subject selects “PayPal” as payment option during the ordering process in our online shop, data of the data subject are automatically transferred to PayPal. By selecting this payment option, the data subject consents to the transmission of personal data required for payment processing.
The personal data transferred to PayPal are usually first name, surname, address, e-mail address, IP address, phone number, mobile phone number or other data required for payment processing. Personal data related to the respective order are also required for executing the purchase contract.
The purpose of transferring the data is payment processing and fraud prevention. The controller will transfer personal data to PayPal especially if there is a legitimate interest for the transfer. The personal data exchanged between PayPal and the controller might be transferred by PayPal to rating agencies. The purpose of this transfer is to check identity and creditworthiness.
PayPal might share personal data with affiliated companies and service providers or subcontractors where this is necessary to fulfil contractual obligations or to process the data on its behalf.
The data subject has the option to revoke his or her consent to PayPal’s handling of personal data at any time. Such revocation does not affect personal data that must be processed, used or transferred for (contractual) payment processing.
15. Legal basis of the processing
Point (a) of Article 6(1) GDPR 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 required to fulfil a contract to which the data subject is a party, as is the case, for example, with processing operations that are necessary for the delivery of goods or the provision of another service or consideration, the processing is based on point (b) of Article 6(1)GDPR. The same applies to processing operations that 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 which requires the processing of personal data, such as for the fulfilment of tax obligations, the processing is based on point (c) of Article 6(1) GDPR. In rare cases, the processing of personal data could be necessary in order to protect the vital interests of the data subject or of another natural person. This would apply, 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 needed to be passed on to a doctor, hospital or other third party. The processing would then be based on point (d) of Article 6(1) GDPR. Ultimately, processing operations could be based on point (f) of Article 6(1) GDPR. 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, unless the interests, fundamental rights and freedoms of the data subject are overriding. We are permitted to carry out such processing operations in particular because they have been specifically mentioned by the European legislator. This means the legislator took the view that a legitimate interest could be assumed if the data subject is a client of the controller (recital 47, second sentence GDPR).
16. Legitimate interests in the processing pursued by the controller or a third party
If the processing of personal data is based on point (f) of Article 6(1) GDPR, our legitimate interest is the performance of our business activities in support of the welfare of all our employees and our shareholders.
17. Period for which the personal data are stored
The criterion for the storage period for personal data is the applicable statutory retention period. Upon expiry of the period, the corresponding data are routinely erased, unless they are still required for the fulfilment of a contract or the initiation of a contract.
18. Statutory or contractual regulations on the provision of the personal data; requirement for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of non-provision
We would like to inform you that the provision of personal data is legally required to some extent (e.g. tax regulations) or may result from contractual arrangements (e.g. information about the contractual partner). It may sometimes be necessary for the data subject to provide us with personal data for the conclusion of a contract which we must then process. The data subject is required, for example, to provide us with personal data if our company concludes a contract with him or her. Failure to provide the personal data will result in an inability to conclude the contract with the data subject. Before providing personal data, the data subject must contact one of our employees. Our employee will inform the data subject, for the specific case, whether the provision of personal data is statutorily or contractually stipulated or necessary for the conclusion of the contract, whether there is an obligation to provide the personal data, and what the consequences of failure to provide the personal data would be.
19. Automated decision-making
As a responsible company, we do not use any automatic decision-making or profiling.
Last update: 19/09/2019