Data Protection Declaration
- Introduction
- Definitions
- Name and Address of the Controller
- Name and Address of the Data Protection Officer
- Cookies
- Links to Other Websites
- Collection of General Data and Information via The Website
- Contact via The Website
- Routine Deletion and Blocking of Personal Data
- Rights of The Data Subject
- Data Protection for Applications and in The Application Process
- Legal Basis for Processing
- Legitimate Interests in The Processing That are being Pursued
by The Controller or a Third Party - Duration for Which The Personal Data is Stored
- Legal or Contractual Matters for Providing Personal Data
- Right to Lodge a Complaint
1 Introduction
We are very pleased that you are interested in our company. Data protection is particularly important. In principle, it is possible to use our service or the website without providing any personal data. If you wish to use our company's special services via our website, 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 your consent.
The processing of personal data, for example the name, address, e-mail address or telephone number is always carried out in accordance with the General Data Protection Regulation and in accordance with the country-specific data protection regulations applicable to our company. With this data protection declaration, our company would like to inform the public about the type, scope and purpose of the personal data we collect, use and process. Data subjects are also informed about their rights by means of this data protection declaration.
Our company has implemented numerous technical and organizational measures to ensure the most complete protection possible for the personal data processed via this website. Nevertheless, Internet-based data transmissions can generally have security gaps, so that absolute protection cannot be guaranteed. For this reason, everybody is free to transmit personal data to us in alternative ways, for example by telephone.
2 Definitions
Our data protection declaration is based on the terminology used by the General Data Protection Regulation (EU GDPR). Our data protection declaration should be easy to read and to understand for the public as well as for our customers and business partners. To ensure this, we would like to explain the terms used in advance.
We use the following terms in this data protection declaration:
- a) Personal data
Personal data is all information that relates to an identified or identifiable natural person (hereinafter "data subject"). An identifiable person is a natural person who, directly or indirectly, in particular by assigning an identifier such as a name, an identification number, location data, an online identifier or one or more special characteristics, expresses the physical, physiological, genetic, psychological, economic, cultural or social identity of this natural person can be identified.
- b) Data Subject
A data subject is any identified or identifiable natural person, whose personal data are processed by the controller.
- c) Processing
Processing is any operation or series of operations carried out with or without the help of automated processes in connection with personal data such as the collection, organization, storage, adaptation or modification, reading, querying, use, the disclosure by transmission, distribution or any other form of provision, comparison or linking, restriction, deletion or destruction.
- d) Restriction of Processing
Restriction of processing is the marking of stored personal data with the aim of restricting their future processing.
- e) Person in Charge or responsible for Processing
The person in charge or responsible for processing is the natural or legal person, public authority, agency or other body that alone or together with others decides on the purposes and means of processing personal data. If the purposes and means of this processing are specified by Union law or the law of the Member States, the person responsible or the specific criteria for naming them can be provided according to EU-law or the law of the Member States.
- f) Processor
The processor is a natural or legal person, public authority, agency or other body that processes personal data on behalf of the person responsible.
- g) Recipient
The recipient is a natural or legal person, public authority, agency or other body to which personal data is disclosed, regardless of whether it is a third party or not. However, authorities that may receive personal data as part of a specific investigation mandate under EU-law or the law of the Member States are not considered recipients.
- h) Third Party
A third party is a natural or legal person, public authority, agency or other body other than the data subject, the controller, the processor and the persons who are authorized to process the personal data under the direct responsibility of the controller or processor.
- i) Consent
Consent is any expression of will voluntarily given by the data subject for the specific case in an informed manner and unequivocally in the form of a declaration or other clear confirmatory act, with which the data subject indicates that they consent to the processing of their personal data is.
3 Name and Address of the Controller
Responsible 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 with data protection character is:
STELACON GmbH
Schauenburgerstrasse 35
20095 Hamburg
Tel .: 040/2800 852-0
Email:
4 Name and Address of the Data Protection Officer
The data protection officer of the controller is:
Protekto Gruppe
Kent Schwirz
Wendenstraße 279
20537 Hamburg
Tel.: +49 40 422 369 24
E-Mail: datenschutz(at)protekto.de
www.protekto.de
Any data subject can contact our data protection officer directly at any time with any questions and suggestions regarding data protection.
5 Cookies
We only use so-called session-related cookies on our website. Session cookies are managed on the server side and are not stored on your computer's hard drive. Session cookies make navigation easier when you visit our website, but immediately lose their validity when you leave our website. If you visit our website again, a new cookie will be created on the server, which will lose its validity once you leave. It is therefore not possible to identify the visitor to our website or the personal data of visitors to our website using a session cookie. If you do not want to accept any cookies, including session cookies, the help function of most browsers (usually shown in the form of a question mark) explains how you can set your browser so that new cookies are no longer permitted when using the web . Many browsers can also be set so that your browser automatically notifies you when you receive a new cookie. The help function of your browser will usually also explain how you can delete all cookies received from your computer. Some browsers can also be set so that cookies are created according to your specifications only depending on the respective requesting address or are allowed on your computer.
6 Links to Other Websites
STELACON GmbH is not liable for the content of other providers that can be reached via hyperlinks. The linked external pages are exclusively third-party content, for which we assume no liability and the content of which we do not adopt. Although this content was checked for unlawfulness and immorality before the link was created, it cannot be ruled out that content will be changed by the providers afterwards. STELACON GmbH is not obliged to constantly check the linked pages for changes. Should you nevertheless notice legal violations or other inappropriate content on linked pages, we ask you to inform us accordingly. We also expressly distance ourselves from illegal and immoral Internet content.
7 Collection of General Data and Information via The Website
Our website collects a series of general data and information each time it is called up by a data subject or an automated system. This general data and information is contained in the so-called Log files of the server saved. The browser types and versions used, the operating system used by the accessing system, the website from which an accessing system reaches our website (so-called referrer), the sub-websites which are accessed via an accessing system on our website, the date and the time of access to the website, an Internet protocol address (IP address), the Internet service provider of the accessing system and other similar data and information that serve to avert danger in the event of attacks on our information technology systems.
When using this general data and information, we do not draw any conclusions about the person concerned. Rather, this information is required to correctly deliver the content of our website, to ensure the long-term functionality of our information technology systems and the technology of our website and to provide law enforcement authorities with the information necessary for law enforcement in the event of a cyber attack. This anonymously collected data and information is therefore statistically evaluated by us on the one hand and with the aim of increasing data protection and data security in our company in order to ultimately ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.
8 Contact via The Website
Due to legal regulations, the website contains information that enables quick electronic contact to our company and direct communication with us, which also includes a general address for the so-called electronic mail (e-mail address). If a data subject contacts the data controller by email or via a contact form, the personal data transmitted by the data subject will be automatically saved. Such personal data transmitted to the data controller on a voluntary basis by a data subject is stored for the purposes of processing or contacting the data subject. This personal data is not passed on to third parties.
9 Routine Deletion and Blocking of Personal Data
The data controller processes and stores personal data of the data subject only for the period necessary to achieve the storage purpose, or, if this is done by the European law or other relevant regulations.
If the storage purpose ceases to apply or if a storage period stipulated by the European directive and regulation provider or another responsible legislator expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.
10 Rights of The Data Subject
- Right to confirmation
Every data subject has the right granted by the European law to ask the data controller for confirmation as to whether personal data concerning them are being processed. If a data subject wishes to exercise this right of confirmation, they can contact our data protection officer or another employee of the controller at any time.
Any person affected by the processing of personal data has the right granted by the European regulations to receive free of charge information about the personal data stored about him and a copy of this information from the controller at any time. Furthermore, the European guideline and regulatory authority has given the data subject access to the following information:
- The processing purposes
- The categories of personal data that are processed
- The recipients or categories of recipients to whom the personal data has been or will be disclosed, in particular for recipients in third countries or with international organizations
- If possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration
- The existence of a right to correction or deletion of your personal data or restriction of processing by the person responsible or a right to object to this processing
- The right to lodge a complaint with a supervisory authority
- In case personal data is not collected at the data subject directly: All available information about the origin of the data
- The existence of automated decision-making, including profiling, in accordance with Article 22 Paragraph 1 and 4 GDPR and - at least in these cases – meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.
The data subject also has the right to information as to whether personal data has been transferred to a third country or to an international organization. If this is the case, the data subject also has the right to receive information about the appropriate guarantees in connection with the transfer.
If a data subject wishes to exercise this right to information, they can contact our data protection officer or another employee of the controller at any time.
- Right to rectification
Any person affected by the processing of personal data has the right granted by the European legislator to request the immediate correction of incorrect personal data concerning them. Furthermore, the data subject has the right to request the completion of incomplete personal data, also by means of a supplementary statement, taking into account the purposes of the processing.
If a data subject wishes to exercise this right of rectification, they can contact our data protection officer or another employee of the controller at any time.
- Right to erasure (right to be forgotten)
Any person affected by the processing of personal data has the right granted by the European legislator to demand from the responsible person that the personal data concerning them be deleted immediately if one of the following reasons applies and if the processing is not necessary:
- The personal data was collected for such purposes or otherwise processed for which it is no longer necessary.
- The data subject withdraws their consent on which the processing was based in accordance with Article 6 (1) (a) GDPR or Article 9 (2) (a) GDPR and there is no other legal basis 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 in accordance with Article 21 (2) GDPR the processing.
- The personal data was processed illegally.
- The deletion of personal data is necessary to fulfill a legal obligation under Union law or the law of the member states to which the controller is subject.
- The personal data were collected in relation to the services offered by the
Information society in accordance with Art. 8 Para. 1 GDPR.
If one of the above-mentioned reasons applies and a data subject wishes to have personal data stored by us deleted, they can contact our data protection officer or another employee of the controller at any time. Our data protection officer will arrange for the request for deletion to be complied with immediately.
- Right to restriction of processing
Any person affected by the processing of personal data has the right granted by the European legislator to request the controller to restrict processing if one of the following conditions is met:
- The correctness of the personal data is contested by the data subject for a period of time that enables the person responsible to check the correctness of the personal data.
- The processing is unlawful, the data subject refuses to delete the personal data and instead requests that the use of the personal data be restricted.
- The controller no longer needs the personal data for the purposes of processing, but the data subject needs them to assert, exercise or defend legal claims.
- The data subject has objected to processing in accordance with Art. 21 Para. 1 GDPR and it is not yet clear whether the legitimate reasons of the person responsible outweigh those of the data subject.
If one of the above conditions is met and a data subject wishes to request the restriction of personal data stored by our company, they can contact our data protection officer at any time. The data protection officer will arrange for the processing to be restricted.
- Right to data portability
Each person affected by the processing of personal data has the right granted by the European legislator to receive the personal data concerning them, which were provided to a responsible person by the data subject, in a structured, common and machine-readable format. You also have the right to transfer this data to another controller without hindrance from the controller to whom the personal data has been provided, provided that the processing is based on consent in accordance with Art. 6 Para. 1 Letter a GDPR or Art. 9 Para . 2 letter a GDPR or on a contract in accordance with Art. 6 para. 1 letter b GDPR and the processing is carried out using automated processes, unless the processing is necessary for the performance of a task that is in the public interest or in the exercise of official authority, which has been transferred to the person responsible.
Furthermore, when exercising their right to data portability in accordance with Art. 20 Para. 1 GDPR, the data subject has the right to have the personal data transferred directly from one person responsible to another, insofar as this is technically feasible and if so this does not affect the rights and freedoms of other people.
To assert the right to data portability, the data subject can contact the data protection officer or another employee at any time.
- Right to object
Any person affected by the processing of personal data has the right granted by the European legislator, for reasons arising from their particular situation, at any time against the processing of personal data concerning them, which is based on Art. 6 Para. 1 Letter e or f DS-GVO takes place to object. This also applies to profiling based on these provisions. In the event of an objection, we will no longer process the personal data, unless we can demonstrate compelling legitimate grounds for the processing that outweigh the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims .
If we process personal data in order to operate direct mail, the data subject has the right to object at any time to the processing of personal data for the purpose of such advertising. This also applies to profiling insofar as it is connected to such direct advertising. If the data subject objects to our company processing for direct marketing purposes, we will no longer process the personal data for these purposes.
In addition, the person concerned has the right to object to the processing of personal data relating to them for scientific or historical research purposes or for statistical purposes in accordance with Art. 89 (1) GDPR for reasons arising from their particular situation, unless such processing is necessary to perform a task in the public interest.
To exercise the right to object, the data subject can contact the data protection officer directly. The data subject is also free to exercise their right to object in connection with the use of information society services, regardless of Directive 2002/58 / EC, using automated procedures that use technical specifications.
- Right to withdraw consent under data protection law
Every person affected by the processing of personal data has the right granted by the European legislator to revoke the consent to the processing of personal data at any time.
If the data subject wishes to exercise their right to withdraw consent, they can contact our data protection officer or another employee of the controller at any time.
11 Data Protection for Applications and in The Application Process
The controller collects and processes the personal data of applicants for the purpose of handling the application process. Processing can also be done electronically. This is particularly the case if an applicant sends the relevant application documents to the person responsible for processing by electronic means, for example by e-mail or via a web form on the website. If the controller concludes an employment contract with an applicant, the data transmitted will be stored for the purpose of processing the employment relationship in compliance with the statutory provisions. If the data controller does not conclude an employment contract with the applicant, the application documents will be automatically deleted three months after the announcement of the rejection decision, provided that there are no other legitimate interests of the data controller contrary to deletion. Other legitimate interest in this sense is, for example, an obligation to provide evidence in a procedure under the General Equal Treatment Act (AGG).
12 Legal Basis for Processing
Art. 6 I lit. a 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 necessary for the performance of 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 any other service or consideration, the processing is based on Art. 6 I lit. b GDPR. The same applies to such processing operations that are necessary to carry out pre-contractual measures, for example in cases of inquiries about our products or services. If our company is subject to a legal obligation that requires the processing of personal data, such as to fulfill tax obligations, the processing is based on Art. 6 I lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor to our company were injured and his name, age, health insurance data or other vital information had to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6 I lit. d GDPR are based. Ultimately, processing operations could be based on Art. 6 I lit. f GDPR. Processing operations that are not covered by any of the aforementioned legal bases are based on this legal basis if processing is necessary to safeguard the legitimate interests of our company or a third party, provided that the interests, fundamental rights and freedoms of the data subject do not outweigh them. Such processing operations are permitted to us in particular because they have been specifically mentioned by the European legislator. In this respect, he took the view that a legitimate interest could be assumed if the data subject is a customer of the person responsible (recital 47 sentence 2 GDPR).
13 Legitimate Interests in The Processing That are being
Pursued by The Controller or a Third Party
Is the processing of personal data based on Article 6 I lit. f GDPR is our legitimate interest in carrying out our business for the benefit of all our employees and our shareholders.
14 Duration for Which The Personal Data is Stored
The criterion for the duration of the storage of personal data is the respective statutory retention period. After the deadline has expired, the corresponding data will be routinely deleted, provided that it is no longer required to fulfill or initiate a contract.
15 Legal or Contractual Matters for Providing Personal Data
We inform you that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual regulations (e.g. information about the contracting party). Sometimes it may be necessary to conclude a contract that a data subject provides us with personal data that we subsequently need to process. For example, the person concerned is obliged to provide us with personal data if our company concludes a contract with them. Failure to provide personal data would result in the contract not being concluded with the person concerned. Before the data subject provides personal data, the data subject must contact our data protection officer. Our data protection officer clarifies the data subject on a case-by-case basis whether the provision of personal data is required by law or contract or is required for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of not providing the personal data.
16 Right to Lodge a Complaint
In the event of violations of data protection law, the person concerned has the right to lodge a complaint with the responsible supervisory authority.
Please address complaints to the State Office for Data Protection (Landesamt für Datenschutz).