Information obligation in accordance with Article 13 GDPR

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Data protection declaration

We are delighted by your interest in our company. The management of Eckerle Holding GmbH places great value on data protection. Generally, the Eckerle Holding GmbH website can be used without the provision of any personal data. However, if a data subject wishes to make use of special services on our website, processing of personal data may be necessary. If the processing of personal data is required and there is no legal basis for such processing, we generally obtain the data subject’s consent.

The processing of personal data, such as the data subject’s name, address, e-mail address, or telephone number, always takes place in accordance with the GDPR and the country-specific data protection regulations applicable to Eckerle Holding GmbH. This data protection declaration serves to inform the public about the nature, scope, and purpose of the personal data collected, used, and processed by us. Moreover, data subjects are informed about their rights by means of this data protection declaration.

As the responsible body for the data processing, Eckerle Holding GmbH has implemented numerous technological and organisational measures to ensure the most comprehensive protection of the personal data processed via this website. Nevertheless, absolute protection cannot be guaranteed as internet-based data transmissions can generally have security gaps. Therefore, every data subject is free to submit personal data to us by alternative means, for example by telephone.

1. Definitions

The data protection declaration of Eckerle Holding GmbH is based on the terminology used in the adoption of the provisions stipulated in the General Data Protection Regulation (GDPR) by the European directive and regulatory authority. Our data protection declaration should be easy to read and understand, both for the public and for our customers and business partners. To ensure this objective, we would like to explain the terminology beforehand. The following terms, among others, are used in this data protection declaration:

  • 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) Data subject

    A “data subject” is an identified or identifiable natural person, whose personal data are processed by the body responsible for such processing.

  • 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 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;

  • 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 in the framework of a particular inquiry in accordance with Union or Member State law shall not be 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 as well as 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 controller

    The responsible controller in accordance with the General Data Protection Regulation, other applicable data protection laws in the Member States of the European Union, and other provisions relating to data protection is:

    Eckerle Holding GmbH

    Industriestr. 1

    77833 Ottersweier

    Germany

    Tel.: +49 7223 98 430

    E-mail: info@de.eckerle-gruppe.com

    Website: www.eckerle-gruppe.com

    3. Name and address of the data protection officer

    The data protection officer responsible for the processing is:

    Christoph Boser

    E-mail: datenschutz@de.eckerle-gruppe.com

    Any data subject is welcome to contact our data protection officer with any questions or suggestions regarding data protection at any time.

    4. Collection of general data and information

    When visiting the Eckerle Holding GmbH website, a series of general data and information are collected each time the website is accessed by a data subject or an automated system. These general data and information are stored in the log files of the server. The following can be collected: (1) browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system arrived at our website (so-called referrers), (4) the sub-web pages, which are controlled via an accessing system on our website, (5) the date and time of the visit to the website, (6) an Internet Protocol (IP) address, (7) the Internet service provider of the accessing system, and (8) other similar data and information that may help in the event of attacks on our information technology systems. Eckerle Holding GmbH does not draw any conclusions about the data subject when using these general data and information. Rather, this information is required to (1) correctly present the contents of our website, (2) to optimise the content of our website and the advertisement of our website, (3) to ensure the continued functionality of our information technology systems and the technology of our website, and (4) to provide law enforcement authorities with the necessary information for prosecution in case of a cyberattack. These anonymously collected data are evaluated by Eckerle Holding GmbH on the one hand for statistical purposes and on the other hand with the objective of increasing the level of privacy and data security in our company, to ultimately ensure an optimal level of protection for the personal data that we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.

    5. Routine erasure and blocking of personal data

    The controller only processes and stores the data subject’s personal data for the period of time necessary to achieve the intended purpose of the data storage or for the duration required by the European guidelines and directives or any other legislator in laws or regulations to which the controller is subject. If the storage period has lapsed or if a storage period defined by the European guidelines and directives or any other relevant legislature expires, the personal data are routinely blocked or erased in accordance with the statutory provisions.

    6. Rights of the data subject

    • a) Right to obtain confirmation

      According to the rights conferred by the European directive and regulatory authority, each data subject has the right to receive confirmation from the controller about whether personal data relating to him/her are being processed. If a data subject wishes to exercise this right to obtain confirmation, he/she can contact an employee of the controller at any time.

    • b) Right to information

      According to the rights conferred by the European directive and regulatory authority, any person affected by the processing shall have the right to obtain information free of charge from the controller on the personal data stored about him/her and receive a copy of that information. Moreover, the European directive and regulatory authority must provide the data subject with the following information:

      • purposes of the processing;
      • the categories of personal data which are processed;
      • the recipient or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients of 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;
      • o the right to lodge a complaint with a supervisory authority;
      • where the personal data are not collected directly from the data subject, any available information as to their source;
      • the existence of automated decision-making, including profiling, referred to in Article 22 paras 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.

      Moreover, the data subject has a right to obtain information about whether personal data were transmitted to a third country or an international organisation. If this is the case, the data subject has the right to obtain information about the respective guarantees associated with the transmission. If a data subject wishes to exercise this right to obtain information, he/she can contact an employee of the controller at any time.

    • c) Right to rectification

      According to the rights conferred by the European directive and regulatory authority, any person affected by the processing shall have the right to demand the immediate rectification of inaccurate personal data concerning him/her. Furthermore, the data subject has the right to request the completion of incomplete personal data – including by means of a complementary declaration – taking into account the purposes of the processing. If a data subject wishes to exercise this right to rectification, he/she can contact an employee of the controller at any time.

    • d) Right to erasure (“right to be forgotten”)

      According to the rights conferred by the European directive and regulatory authority, any person affected by the processing shall have the right to demand from the controller that the relevant personal data are erased without undue delay where one of the following grounds applies and there is no need for further processing:

      • the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
      • the data subject withdraws consent on which the processing is based according to point (a) of Article 6 para. 1 or point (a) of Article 9 para. 2, and where there are no other legal grounds for processing;
      • the data subject objects to the processing pursuant to Article 21 para. 1 and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21 para. 2;
      • the personal data have been unlawfully processed;
      • the personal data have to be erased for compliance with the 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 para. 1.

      Insofar as one of the above grounds applies and a data subject wishes to initiate the erasure of personal data stored by Eckerle Holding GmbH, he/she can contact an employee of the controller at any time. The employee of Eckerle Holding GmbH will arrange for the erasure immediately. If the personal data have been made public by Eckerle Holding GmbH and our company is responsible for the erasure of said personal data pursuant to Article 17 para. 1 GDPR, Eckerle Holding GmbH shall take appropriate measures, taking into account the available technology and the implementation costs – also of a technical nature–, to inform other data controllers processing the published personal data that the data subject has requested the erasure of all links to such personal data or copies or replications thereof, insofar as the processing is not required. In individual cases, the employee of Eckerle Holding GmbH will arrange for the necessary measures to be taken.

    • e) Right to restriction of processing

      According to the rights conferred by the European directive and regulatory authority, any person affected by the processing shall have the right to demand from the controller the 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 the processing, but they are required by the data subject for the establishment, exercise, or defence of legal claims;
      • the data subject has objected to processing pursuant to Article 21 para. 1 pending the verification whether the legitimate grounds of the controller override those of the data subject.

      Insofar as one of the above requirements is met and a data subject wishes to restrict the processing of personal data stored by Eckerle Holding GmbH, he/she can contact an employee of the controller at any time. The employee of Eckerle Holding GmbH will arrange for the restriction of processing.

    • f) Right to data portability

      According to the rights conferred by the European directive and regulatory authority, any person affected by the processing shall have the right to receive the personal data provided to the controller by him/her in a structured, common, and machine-readable format. He/she also has the right to transmit these data to another responsible body without hindrance by the controller to whom the personal data was initially provided, if the processing is based on consent pursuant to Article 6 para. 1 (a) GDPR or Article 9 para. 2 (a) GDPR or on a contract pursuant to Article 6 para. 1 (b) GDPR, and processing takes place by means of automated procedures, insofar as the processing is not necessary for the performance of a task of public interest or in the exercise of official authority assigned to the controller. Moreover, in exercising his/her right to data portability in accordance with Article 20 para. 1 GDPR, the data subject has the right to request that the personal data be transmitted directly from one controller to another responsible body, where this is technically feasible and if this does not affect the rights and freedoms of others. The data subject can contact an employee of Eckerle Holding GmbH at any time to assert his/her right to data portability.

    • g) Right to object

      According to the rights conferred by the European directive and regulatory authority, any person affected by the processing shall have the right, for reasons arising from his/her particular situation, to object to the processing of personal data relating to him/her pursuant to Article 6 para. 1 (e) or (f) GDPR. This also applies to profiling based on these provisions. Eckerle Holding GmbH will stop processing the personal data in cases of objection, unless we can prove compelling legitimate reasons for processing that outweigh the interests, rights, and freedoms of the data subject, or the processing serves the purposes of assertion, exercising, or defence of legal claims. If Eckerle Holding GmbH processes personal data for the purpose of direct advertising, the data subject has the right to object to the processing of personal data for the purpose of such advertising at any time. This also applies to profiling, as far as it is associated with such direct advertising. If the data subject objects to direct advertising by Eckerle Holding GmbH, Eckerle Holding GmbH will no longer process the personal data for this purpose. Furthermore, the data subject shall have the right, for reasons arising from his/her particular situation, to object to the processing of personal data relating to him/her, for scientific or historical research purposes or for statistical purposes pursuant to Art. 89 para. 1 GDPR, unless such processing is necessary for the fulfilment of an assignment of public interest. The data subject can exercise his/her right to object by directly contacting any employee of Eckerle Holding GmbH. Moreover, the data subject is free, relating to the use of information society services, notwithstanding Directive 2002/58/EC, to exercise his/her right of objection by means of automated procedures in which technical specifications are used.

    • h) Automated decision-making on a case-by-case basis including profiling

      According to the rights conferred by the European directive and regulatory authority, any person affected by the processing shall have the right not to be subject to a decision based solely on automated processing, including profiling, which has a legal effect on him/her or which similarly affects him/her, insofar as the decision (1) is not necessary for the conclusion or fulfilment of a contract between the data subject and the controller, or (2) is lawful based on legislation of the Union or Member States to which the controller is subject, and this legislation provides for appropriate measures to safeguard the rights and freedoms and the legitimate interests of the data subject, or (3) is carried out with the express consent of the data subject.

      If the decision (1) is required for the conclusion or fulfilment of a contract between the data subject and the controller, or (2) takes place with the explicit consent of the data subject, Eckerle Holding GmbH shall take appropriate measures to safeguard the rights and freedoms as well as legitimate interests of the data subject, whereby at least the right to intervention of a person on the part of the controller is based on the provision of his/her own position and the appeal of the decision.

      If the data subject wishes to assert a right relating to automated decision-making, he/she can contact an employee of the controller at any time.

    • i) Right to revoke data protection consent

      According to the rights conferred by the European directive and regulatory authority, any person affected by the processing shall have the right to revoke consent to the processing of personal data at any time.

      If the data subject wishes to assert his/her right to withdraw consent, he/she can contact an employee of the controller at any time.

    • 7. Data protection in applications and application processes

      The controller collects and processes applicants’ personal data for the application process. Processing can also take place electronically. This is particularly the case if an applicant submits his/her application documents to the controller by electronic means, for example by e-mail or via a web form on a website. If the controller concludes a contract of employment with an applicant, the data transmitted will be stored for the purposes of the employment relationship in accordance with the statutory provisions. If no contract of employment is concluded between the applicant and the controller, the application documents will automatically be erased two months after the notification of rejection, insofar as erasure does not obstruct any other legitimate interests of the controller. A legitimate interest in this light is, for example, a burden of proof in a procedure according to the General Equal Treatment Act (AGG).

      8. Legal basis for processing

      Art. 6 para. 1 (a) GDPR is 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 of which the data subject is a party, as is the case, for example, in processing operations necessary for the supply of goods or the provision of a different service or consideration, processing is based on Art. 6 para. 1 (b) GDPR. The same applies to processing operations that are required when carrying out pre-contractual measures, for example queries to our products or services. If our company has a legal obligation to process personal data, e.g. tax obligations, this is based on Art. 6 para. 1 (c) GDPR. In rare cases, the processing of personal data could be necessary to protect crucial interests of the data subject or another natural person. This would be the case, for example, if a visitor were injured on our premises and his/her name, age, health insurance data, or other vital information would need to be disclosed to a doctor, hospital, or other third party; the processing would be based on Art. 6 para. 1 (d) GDPR. Lastly, processing operations could be based on Art. 6 para. 1 (f) GDPR. Processing operations that are not covered by any of the abovementioned legal bases are based on this legal basis if processing is required to protect the legitimate interests of our company or a third party, insofar as the interests, fundamental rights, and fundamental freedoms of the data subject do not outweigh our legitimate interests. Processing operations of this nature are authorised because they are specifically mentioned by European legislators. Legislators advocate that a legitimate interest could be assumed if the data subject is a customer of the controller (recital 47, sentence 2, GDPR).

      9. Legitimate interests in processing pursued by the controller or a third party

      If the processing of personal data is based on Article 6 para. 1 (f) GDPR, our legitimate interest is the execution of our business operations for the benefit of our employees and shareholders.

      10. Duration for which the personal data are stored

      The criteria for the storage duration of personal data is the respective statutory retention period. After expiry of the period, the relevant data will be routinely erased if they are no longer required for contract fulfilment or initiation.

      11. Legal or contractual specifications for the provision of personal data; necessity for contract conclusion; obligation of the data subject to provide personal data; possible consequences of failure to provide data

      We would like to clarify that the provision of personal data is partly required by law (e.g. tax regulations) or may result from contractual stipulations (e.g. details of the contractual partner). Occasionally, upon contract conclusion, it may be necessary for a data subject to provides us with personal data which are subsequently processed by us. A data subject is required to provide us with personal data, for example, when our company concludes a contract with him/her. In the event of failure to provide said personal data, the contract with the person concerned cannot be concluded. Before any personal data are provided by the data subject, he/she must contact one of our employees. Our employee will then inform the individual on a case-by-case basis whether the provision of the personal data is legally or contractually required, whether it is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data, and which consequences the failure to provide personal data would have.

      12. Availability of automated decision-making

      As a responsible company, we refrain from using automatic decision-making or profiling.

      This data protection declaration was created by the data protection declaration generator of DGD Deutsche Gesellschaft für Datenschutz GmbH, which operates as a data protection officer in cooperation with Datenschutz Anwälten der Kanzlei WILDE BEUGER SOLMECKE | Rechtsanwälte.

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