1) Information on the Collection of Personal Data and Contact Details of the Controller
1.1 We are pleased that you are visiting our website and thank you for your interest. In the following, we inform you about the handling of your personal data when using our website. Personal data is all data with which you can be personally identified.
1.2 The controller in charge for data processing on this website within the meaning of the General Data Protection Regulation (GDPR) is GSA Messgerätebau GmbH, Christinenstraße 3, 40880 Ratingen, Deutschland, Tel.: +49 2102 94 273 0, Fax: +49 2102 94 273 39, E-Mail: email@example.com. The controller in charge of the processing of personal data is the natural or legal person who alone or jointly with others determines the purposes and means of the processing of personal data.
1.3 This website uses SSL or TLS encryption for security reasons and to protect the transmission of personal data and other confidential content (e.g. orders or inquiries to the controller). You can recognize an encrypted connection by the character string https:// and the lock symbol in your browser line.
2) Data Collection When You Visit Our Website
When using our website for information only, i.e. if you do not register or otherwise provide us with information, we only collect data that your browser transmits to our server (so-called "server log files"). When you visit our website, we collect the following data that is technically necessary for us to display the website to you:
- Our visited website
- Date and time at the moment of access
- Amount of data sent in bytes
- Source/reference from which you came to the page
- Browser used
- Operating system used
- IP address used (if possible: in anonymized form)
Data processing is carried out in accordance with Art. 6 (1) point f GDPR on the basis of our legitimate interest in improving the stability and functionality of our website. The data will not be passed on or used in any other way. However, we reserve the right to check the server log files subsequently, if there are any concrete indications of illegal use.
In order to make your visit to our website attractive and to enable the use of certain functions, we use so-called cookies on various pages. These are small text files that are stored on your end device. Some of the cookies we use are deleted after the end of the browser session, i.e. after closing your browser (so-called session cookies). Other cookies remain on your terminal and enable us or our partner companies (third-party cookies) to recognize your browser on your next visit (persistent cookies). If cookies are set, they collect and process specific user information such as browser and location data as well as IP address values according to individual requirements. Persistent cookies are automatically deleted after a specified period, which may vary depending on the cookie.
In some cases, cookies are used to simplify the ordering process by saving settings (e.g. remembering the content of a virtual shopping basket for a later visit to the website). If personal data are also processed by individual cookies set by us, the processing is carried out in accordance with Art. 6 (1) point b GDPR either for the execution of the contract or in accordance with Art. 6 (1) point f GDPR to safeguard our legitimate interests in the best possible functionality of the website and a customer-friendly and effective design of the page visit.
We work together with advertising partners who help us to make our website more interesting for you. For this purpose, cookies from partner companies are also stored on your hard drive when you visit our website (third-party cookies). You will be informed individually and separately about the use of such cookies and the scope of the information collected in each case within the following sections.
Please note that you can set your browser in such a way that you are informed about the setting of cookies and you can decide individually about their acceptance or exclude the acceptance of cookies for certain cases or generally. Each browser differs in the way it manages the cookie settings. This is described in the help menu of each browser, which explains how you can change your cookie settings. You will find these for the respective browsers under the following links:
- Internet Explorer: https://support.microsoft.com/en-us/help/17442/windows-internet-explorer-delete-manage-cookies
- Firefox: https://www.mozilla.org/en-US/privacy/websites/#cookies
- Chrome: https://support.google.com/accounts/answer/61416?co=GENIE.Platform%3DDesktop&hl=en
- Safari: https://support.apple.com/en-gb/guide/safari/manage-cookies-and-website-data-sfri11471/mac
- Opera: https://help.opera.com/en/latest/web-preferences/#cookies
Please note that the functionality of our website may be limited if cookies are not accepted.
4) Contacting Us
When you contact us (e.g. via contact form or e-mail), personal data is collected. Which data is collected in the case of a contact form can be seen from the respective contact form. This data is stored and used exclusively for the purpose of responding to your request or for establishing contact and for the associated technical administration. The legal basis for processing data is our legitimate interest in responding to your request in accordance with Art. 6 (1) point f GDPR. If your contact is aimed at concluding a contract, the additional legal basis for the processing is Art. 6 (1) point b GDPR. Your data will be deleted after final processing of your enquiry; this is the case if it can be inferred from the circumstances that the facts in question have been finally clarified, provided there are no legal storage obligations to the contrary.
5) Data Processing When Opening a Customer Account and for Contract Processing
Pursuant to Art. 6 (1) point b GDPR, personal data will continue to be collected and processed if you provide them to us for the execution of a contract or when opening a customer account. Which data is collected can be seen from the respective input forms. It is possible to delete your customer account at any time. This can be done by sending a message to the above-mentioned address of the controller. We store and use the data provided by you for contract processing. After complete processing of the contract or deletion of your customer account, your data will be blocked in consideration of tax and commercial retention periods and deleted after expiry of these periods, unless you have expressly consented to further use of your data or a legally permitted further use of data has been reserved by our site, about which we will inform you accordingly below.
6) Use of Client Data for Direct Advertising
6.1 Subscribe to our e-mail newsletter
If you subscribe to our e-mail newsletter, we will send you regular information about our offers. The only mandatory information for sending the newsletter is your e-mail address. The indication of additional possible data is voluntary and is used to allow us to address you personally. We use the so-called double opt-in procedure for sending newsletters. This means that we will not send you an e-mail newsletter, unless you have expressly confirmed to us that you agree to the sending of such a newsletter. We will then send you a confirmation e-mail asking you to confirm that you wish to receive future newsletters by clicking on an appropriate link.
By activating the confirmation link, you give us your consent to the use of your personal data in accordance with Art. 6 (1) point a GDPR. When you register for the newsletter, we store your IP address entered by the Internet Service Provider (ISP) as well as the date and time of registration so that we can trace any possible misuse of your e-mail address at a later time. The data collected by us when you register for the newsletter will be used exclusively for the purpose of advertising by means of the newsletter. You can unsubscribe from the newsletter at any time via the link provided in the newsletter or by sending a message to the responsible person named above. After your cancellation, your e-mail address will immediately be deleted from our newsletter distribution list, unless you have expressly consented to further use of your data or we reserve the right to use data in excess thereof, which is permitted by law and about which we inform you in this declaration.
6.2 Sending e-mail newsletter to existing customers
If you have provided us with your e-mail address when purchasing products, we reserve the right to regularly send you offers for products similar to those already purchased from our range by e-mail. Pursuant to Section 7 (3) German law against unfair competition, we do not need to obtain separate consent from you for this. In this respect, data processing is carried out solely on the basis of our legitimate interest in personalized direct advertising pursuant to Art. 6 (1) point f GDPR. If you have initially objected to the use of your e-mail address for this purpose, we will not send you an e-mail. You are entitled to object to the use of your e-mail address for the aforementioned advertising purpose at any time with effect for the future by notifying the controller named at the beginning. In this regard, you only have to pay the transmission costs according to the basic tariffs. Upon receipt of your objection, the use of your e-mail address for advertising purposes will cease immediately.
6.3 Newsletter dispatch via CleverReach
Our e-mail newsletter is sent by the technical service provider CleverReach GmbH & Co. KG, Mühlenstr. 43, 26180 Rastede ("CleverReach"), to which we pass on your data provided during the newsletter registration. This disclosure is made in accordance with Art. 6 (1) point f GDPR and serves our legitimate interest in the use of an effective, secure and user-friendly newsletter system. The data you enter for newsletter subscription (e.g. e-mail address) will be stored on CleverReach's servers in Germany and Ireland.
CleverReach uses this information to send and statistically evaluate newsletters on our behalf. For evaluation purposes, the e-mails sent contain so-called web beacons or tracking pixels, which represent single-pixel image files stored on our website. This allows us to determine whether a newsletter message has been opened and which links have been clicked on. With the help of the so-called conversion tracking, it can also be analyzed whether a pre-defined action (e.g. purchase of a product on our website) has taken place after clicking on the link in the newsletter. In addition, technical information is recorded (e.g. time of retrieval, IP address, browser type and operating system). The data is exclusively raised in a pseudonymized format and is not linked with your other personal data to prevent you from being identified. This data is exclusively used for statistical analysis of newsletter campaigns. The results of these analyses can be used to better adapt future newsletters to the interests of the recipients.
If you wish to object to the data analysis for statistical evaluation purposes, you must unsubscribe from the newsletter.
We have concluded an order processing agreement with CleverReach obliging CleverReach to protect our customers' data and not to pass it on to third parties.
You can read more about CleverReach's data analysis at: https://www.cleverreach.com/en/features/reporting-tracking/
6.4 Advertising by Post
Based on our legitimate interest in personalized direct mail, we reserve the right to store your first and last name, your postal address and - if we have received this additional information from you within the framework of the contractual relationship - your title, academic degree, year of birth and your professional, industry or business name in accordance with Art. 6 (1) point f GDPR and to use this data for sending interesting offers and information on our products by letter post.
You can object to the storage and use of your data for this purpose at any time by sending an appropriate message to the controller.
7) Processing of Data for the Purpose of Order Handling
7.1 The personal data collected by us will be passed on to the transport company commissioned with the delivery within the scope of contract processing, insofar as this is necessary for the delivery of the goods. We will pass on your payment data to the commissioned credit institution within the framework of payment processing, if this is necessary for payment handling. If payment service providers are used, we explicitly inform you of this below. The legal basis for the transfer of data is Art. 6 (1) point b GDPR.
7.2 Passing on Personal Data to Shipping Service Providers
If delivery of goods takes place by the transport service provider DHL (Deutsche Post AG, Charles-de-Gaulle-Straße 20, 53113 Bonn), we will pass on your e-mail address to DHL in accordance with Art. 6 (1) point a GDPR, prior to delivery of the goods, for the purpose of coordinating a date of delivery or of a notice about the shipment status, only if you have given your express consent during the ordering process. Otherwise, only the name of the recipient and the delivery address will be passed on to DHL for the purpose of delivery in accordance with Art. 6 (1) point b GDPR. The data will only be passed on if this is necessary for the delivery of the goods. In this case, prior agreement on the delivery date with DHL or transmission of status information for shipment delivery is not possible.
The consent can be revoked for future deliveries at any time, either with the controller or with the transport service provider DHL.
7.3 Use of Payment Service Providers
When you pay via PayPal, credit card via PayPal, direct debit via PayPal or - if offered - "purchase on account" or "payment by instalments" via PayPal, we transmit your payment data to PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"). The transfer takes place in accordance with Art. 6 (1) point b GDPR and only insofar as this is necessary for payment processing.
PayPal reserves the right to carry out credit checks for the payment methods credit card via PayPal, direct debit via PayPal or, if offered, "purchase on account" or "payment by installments" via PayPal. For this purpose, your payment data may be passed on to credit agencies on the basis of PayPal's legitimate interest in determining your solvency pursuant to Art. 6 (1) point f GDPR. PayPal uses the result of the credit assessment in relation to the statistical probability of non-payment for the purpose of deciding on the provision of the respective payment method. The credit report can contain probability values (so-called score values). If score values are included in the result of the credit report, they are based on recognized scientific, mathematical-statistical methods. The calculation of the score values includes, but is not limited to, address data. For further information on data protection law, including the credit agencies used, please refer to PayPal's data protection declaration at: https://www.paypal.com
You can object to this processing of your data at any time by sending a message to PayPal. However, PayPal may still be entitled to process your personal data if this is necessary for contractual payment processing.
- Paypal Checkout
This website uses PayPal Checkout, an online payment system from PayPal, which consists of PayPal's own payment methods and local payment methods from third-party providers.
When paying via PayPal, credit card via PayPal, direct debit via PayPal or - if offered - "Pay Later" via PayPal, we pass on your payment data to PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal") as part of the payment processing. The transfer takes place in accordance with Art. 6 Para. 1 lit. b GDPR and only insofar as this is necessary for the payment processing.
For the payment methods credit card via PayPal, direct debit via PayPal or - if offered - "pay later" via PayPal - PayPal reserves the right to conduct a credit check. For this purpose, your payment data may be passed on to credit agencies in accordance with Art. 6 Para. 1 lit. f GDPR on the basis of PayPal's legitimate interest in determining your solvency. PayPal uses the result of the credit check in terms of the statistical probability of non-payment for the purpose of deciding on the provision of the respective payment method. The creditworthiness information may contain probability values (so-called score values). Insofar as score values are included in the result of the credit report, they have their basis in a scientifically recognised mathematical-statistical procedure. The calculation of the score values includes, but is not limited to, address data. You can object to this processing of your data at any time by sending a message to PayPal. However, PayPal may still be entitled to process your personal data if this is necessary for the contractual processing of payments.
If you select the PayPal payment method "purchase on account", your payment data will first be transmitted to PayPal in preparation for payment, whereupon PayPal will forward this data to Ratepay GmbH, Franklinstraße 28-29, 10587 Berlin ("Ratepay") in order to process the payment. The legal basis in each case is Art. 6 para. 1 lit. b GDPR. In this case, RatePay carries out an identity and creditworthiness check on its own behalf to determine solvency in accordance with the principle already mentioned above and passes on your payment data to credit agencies on the basis of the legitimate interest in determining solvency in accordance with Art. 6 Para. 1 lit. f GDPR. A list of the credit agencies that Ratepay may use can be found here: https://www.ratepay.com
If you use the payment method of a local third-party provider, your payment data will first be passed on to PayPal in preparation for the payment in accordance with Art. 6 para. 1 lit. b GDPR. Depending on your selection of an available local payment method, PayPal will then transmit your payment data to the corresponding provider in order to carry out the payment in accordance with Art. 6 Para. 1 lit. b GDPR:
- Sofort (SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany)
- iDeal (Currence Holding BV, Beethovenstraat 300 Amsterdam, Netherlands)
- giropay (Paydirekt GmbH, Stephanstr. 14-16, 60313 Frankfurt am Main, Germany)
- bancontact (Bancontact Payconiq Company, Rue d'Arlon 82, 1040 Brussels, Belgium)
- blik (Polski Standard Płatności sp. z o.o., ul. Czerniakowska 87A, 00-718 Warsaw, Poland)
- eps (STUZZA Studiengesellschaft für Zusammenarbeit im Zahlungsverkehr GmbH, Frankgasse 10/8, 1090 Vienna, Austria)
- MyBank (PRETA S.A.S, 40 Rue de Courcelles, F-75008 Paris, France)
- Przelewy24 (PayPro SA, Kanclerska 15A, 60-326 Poznań, Poland)
-The online shop www.gsa-messgeraete.de is operated by us. The webhosting is provided by the company ALL-INKL.COM – Neue Medien Münnich, Owner: René Münnich Hauptstraße 68, 02742 Friedersdorf, Germany. In order to ensure, that the data of the users is handled according to legal requirements, we have signed a contract data processing agreement on the basis of DSGVO Art. 28 (3) with ALL-INKL.COM – Neue Medien Münnich. Based on this agreement the data is collected, processed and saved in accordance with our instructions only. User data is not used for any other purposes.
-ALL-INKL.COM – Neue Medien Münnich is a German company with servers located in Germany.
8) Contact for Requesting Customer Rating Information
Our Own Evaluation Reminder (No Dispatch by a Customer Evaluation System)
We use your e-mail address as a one-off reminder for submitting an evaluation of your order using our own evaluation system, provided you have given us your express consent during or after placing your order in accordance with Art. 6 (1) point a GDPR. You can revoke your consent at any time by sending a message to the controller responsible for data processing.
9) Particular conditions for repair services
If the vendor owes as a subject matter of the contract repair services, the following points are valid:
9.1 Repair services are performed at the vendor‘s place.
9.2 The vendor provides the repair services at his own choice either by himself or by qualified staff he chooses. He is also entitled to refer to services of subcontractors, who work in his order.
As the specifications of services do not differ in this matter the customer does not have any claim in order to choose a specific person for performing the services of repair.
9.3 The customer has the obligation to communicate all information to the vendor which is needed for the repair service, except for any information the vendor has the obligation to provide himself.
Especially a detailed description of the errors have to be communicated to the vendor and also any circumstances which may have caused the fault.
9.4 If there is no different agreement the customer has the duty to ship the device to be repaired to the vendor’s address at his own charge. The vendor recommends to arrange a transport insurance for shipping. He also recommends to send the devices in suitable transport packaging in order to prevent damage during shipping und keeping the delivery concealed. If there are obvious transport damages the vendor will immediately inform the customer to enable him to claim against the carrier.
9.5 The transport costs of the returned goods have to be covered by the customer. The risk of accidental loss and the accidental deterioration of the goods is transferred to the buyer as soon as the delivery is handed over to a suitable person carrying out the transport. On request the vendor will arrange a transport insurance for the delivery and charge the customer for it.
9.6 The customer can also arrange the transport of the device to be repaired himself if the vendor’s specifications for services are accordingly or if the business partners have therefore arranged an agreement. In this case the arrangements concerning shipping costs and transfer of risks are valid accordingly.
9.7 The arrangements stated above do not limit the legal rights regarding defect rights of the customer buying goods from the vendor.
9.8 The vendor is liable for defects on the sold goods according to the legal requirements.
10) Site Functionalities
Use of YouTube Videos
This website uses the YouTube embedding function for display and playback of videos offered by the provider YouTube, which belongs to Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 ESW5, Ireland ("Google").
To this end, the extended data protection mode is used to ensure, according to provider information, that user information will only be stored once the playback function of the video is started. When the playback of embedded YouTube videos is started, the provider sets "YouTube" cookies to collect information about user behavior. According to indications from YouTube, the use of those cookies is intended, among other things, to record video statistics, to improve user-friendliness and to avoid improper actions. If you are logged in to Google, your information will be directly associated with your account when you click on a video. If you do not wish to be associated with your profile on YouTube, you must log out before activating the button. Google saves your data (even for users who are not logged in) as usage profiles and evaluates them. You have the right to object to the creation of these user profiles, whereby you must contact YouTube to exercise this right. When using YouTube, personal data may also be transmitted to the servers of Google LLC. in the USA.
Regardless of whether the embedded video is played back, a connection to the Google network "double click" is established when visiting this website. This may trigger further data processing beyond our control.
All processing described above, in particular the setting of cookies for the reading of information on the end device used, will only be carried out if you have given us your express consent to do so in accordance with Art. 6 (1) point a GDPR. Without this consent, Youtube-Videos will not be used during your visit to the website.
You can revoke your consent at any time with effect for the future. If you wish to exercise your right of revocation, please deactivate this service in the "Cookie Consent Tool" provided on the website.
11) Web Analysis Services and Miscellaneous
11.1 Google Ads Conversion Tracking
This website uses the online advertising program "Google Ads" and the conversion tracking within the framework of Google Ads, operated by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 ESW5, Ireland ("Google"). We use the program of Google Ads to draw attention to our attractive offers with the help of advertising materials (so-called Google Adwords) on external websites. We can determine, in relation to the advertising campaigns data, how successful the individual advertising measures are. We are interested in showing you advertisements that are of interest to you. We want to make our website more interesting for you and to achieve a fair calculation of advertising costs.
The conversion tracking cookie is set on a user’s browser, if he clicks on an ad delivered by Google. Cookies are small text files that are stored on your computer system. These cookies usually lose their validity after 30 days and are not used for personal identification. If the user visits a certain page of this website and if the cookie has not yet expired, Google and we will be able to recognize that the user clicked on the ad and was forwarded to this page. Each Google Ads customer gets a different cookie. Thus, cookies cannot be traced via the website of Google Ads customers. The information collected by the conversion cookies is used to provide aggregate conversion statistics to Google Ads customers who have opted-in for conversion tracking. Customers are informed about the total number of users who clicked on the ad and were forwarded to a conversion tracking tag page. However, they do not get any information enabling them to identify users personally.
Details on the processing operations initiated and on Google's handling of data collected from websites can be found here: https://policies.google.com/technologies/partner-sites?hl=en
If you do not want to participate in the tracking program, you can refuse the use of this program by deactivating the Google Conversion Tracking cookie via your Internet browser through the user settings. In this case, you will not be included in the conversion tracking statistics. We use Google Ads on the basis of our legitimate interest in targeted advertising in accordance with Art. 6 (1) point f GDPR. When using Google Ads, personal data may also be transmitted to the servers of Google LLC. in the USA.
You can permanently deactivate cookies for advertising preferences by blocking them via a respective setting of your browser software or by downloading and installing the browser plug-in, available under the following link:
To the extent required by law, we have obtained your consent to the processing of your data as described in accordance with Art. 6 (1) point a GDPR. You can withdraw your consent at any time with effect for the future. In order to exercise your right of withdrawal, please follow the procedure described above.
11.2 Google (Universal) Analytics
This website uses Google Analytics, a web analysis service of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA ("Google"). Google Analytics uses so-called cookies, which are text files stored on your computer, to help the website analyze how users use the site. The information generated by the cookies about your use of this website (including the shortened IP address) is generally transmitted to a Google server in the USA and stored there.
This website uses Google Analytics exclusively with the extension "_anonymizeIp()", which ensures an anonymization of the IP address by shortening it and excludes a direct personal relationship. As a result of the extension, your IP address will previously be shortened by Google within member states of the European Union or in other signatory states to the Agreement on the European Economic Area. Only in exceptional cases, the full IP address will be transmitted to a Google server in the USA and shortened there. In these exceptional cases, processing is carried out in accordance with Art. 6 (1) point f GDPR on the basis of our legitimate interest in the statistical analysis of user behavior for optimization and marketing purposes.
On our behalf, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide us with other services relating to website and internet use. The IP address transmitted by your browser in the context of Google Analytics is not merged with other Google data.
As an alternative to the browser plug-in or for browsers on mobile devices, please click on the following link in order to set an opt-out cookie which disables Google Analytics to collect data on this website in the future (this opt-out cookie only functions for this browser and this domain. If you delete your cookies on this browser, you must click again on this link):
Disable Google Analytics
Google LLC, based in the United States, is certified for the US-European data protection agreement "Privacy Shield", which guarantees compliance with the data protection level applicable in the EU.
You can object to the processing. You have the right to object to reasons arising from your particular situation. To object, please send an email to firstname.lastname@example.org.
11.4 Applications to job advertisements by e-mail
On our website, we advertise currently vacant positions in a separate section, for which interested parties can apply by e-mail to the contact address provided.
In order to be included in the application process, applicants must provide us with all personal data required for a well-founded and informed assessment and selection together with their application by e-mail.
The required information includes general personal information (name, address, telephone or electronic contact details) as well as performance-specific evidence of the qualifications required for a position. If necessary, health-related information may also be required, which must be given special consideration under employment and social law in the interest of social protection in the person of the applicant.
The components that an application must contain in order to be considered in each individual case and the form in which these components must be submitted by mail can be found in the respective job advertisement.
After receipt of the application sent using the specified e-mail contact address, the applicant data will be stored by us and evaluated exclusively for the purpose of processing the application. For queries arising in the course of processing, we use either the e-mail address provided by the applicant with his or her application or a telephone number provided, at our discretion.
The legal basis for this processing, including contacting us for queries, is generally Art. 6 Para. 1 lit. b DSGVO (for processing in Germany in conjunction with Section 26 Para. 1 BDSG), in the sense of which going through the application process is considered to be the initiation of an employment contract.
Insofar as special categories of personal data within the meaning of Art. 9 (1) DSGVO (e.g. health data such as information on severely disabled status) are requested from applicants as part of the application process, the processing is carried out in accordance with Art. 9 (2) letter b. DSGVO so that we can exercise the rights arising from labor law and social security and social protection law and fulfill our obligations in this regard.
Cumulatively or alternatively, the processing of the special categories of data may also be based on Art. 9(1)(h) DSGVO if it is carried out for the purposes of preventive health care or occupational medicine, for the assessment of the applicant's ability to work, for medical diagnostics, care or treatment in the health or social sector or for the management of systems and services in the health or social sector.
If the applicant is not selected in the course of the evaluation described above, or if an applicant withdraws his or her application prematurely, his or her data transmitted by e-mail and all electronic correspondence, including the original application e-mail, will be deleted at the latest after 6 months following appropriate notification. This period is measured on the basis of our legitimate interest in being able to answer any follow-up questions about the application and, if necessary, to meet our obligations to provide evidence under the regulations on equal treatment of applicants.
In the event of a successful application, the data provided will be further processed on the basis of Art. 6 Para. 1 lit. b DSGVO (for processing in Germany in conjunction with Section 26 Para. 1 BDSG) for the purposes of implementing the employment relationship.
12) Rights of the Data Subject
12.1 The applicable data protection law grants you comprehensive rights of data subjects (rights of information and intervention) vis-à-vis the data controller with regard to the processing of your personal data, about which we inform you below :
- Right of access by the data subject pursuant to Art. 15 GDPR: You shall have the right to receive the following information: The personal data processed by us; the purposes of the processing; the categories of processed personal data; the recipients or categories of recipients to whom the personal data have been or will be disclosed; 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 personal data concerning the data subject or to object to such processing; the right to lodge a complaint with a supervisory authority; where the personal are not collected from the data subject, any available information as to their source; the existence of automated decision-making, including profiling and at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject; the appropriate safeguards pursuant to Article 46 when personal data is transferred to a third country.
- Right to rectification pursuant to Art. 16 GDPR: You have the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning you and/or the right to have incomplete personal data completed which are stored by us.
- Right to erasure (“right to be forgotten”) pursuant to Art. 17 GDPR: You have the right to obtain from the controller the erasure of personal data concerning you if the conditions of Art. 17 (2) GDPR are fulfilled. However, this right will not apply for exercising the freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the establishment, exercise or defense of legal claims.
- Right to restriction of processing pursuant to Art. 18 GDPR: You have the right to obtain from the controller restriction of processing your personal data for the following reasons: As long as the accuracy of your personal data contested by you will be verified. If you oppose the erasure of your personal data because of unlawful processing and you request the restriction of their use instead. If you require the personal data for the establishment, exercise or defense of legal claims, once we no longer need those data for the purposes of the processing. If you have objected to processing on grounds relating to your personal situation pending the verification whether our legitimate grounds override your grounds.
- Right to be informed pursuant to Art. 19 GDPR: If you have asserted the right of rectification, erasure or restriction of processing against the controller, he is obliged to communicate to each recipient to whom the personal date has been disclosed any rectification or erasure of personal data or restriction of processing, unless this proves impossible or involves disproportionate effort. You have the right to be informed about those recipients.
- Right to data portability pursuant to Art. 20 GDPR: You shall have the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format or to require that those data be transmitted to another controller, where technically feasible.
- Right to withdraw a given consent pursuant to Art. 7 (3) GDPR: You have the right to withdraw your consent for the processing of personal data at any time with effect for the future. In the event of withdrawal, we will immediately erase the data concerned, unless further processing can be based on a legal basis for processing without consent. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
- Right to lodge a complaint pursuant to Art. 77 GDPR: Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you infringes the GDPR.
12.2 RIGHT TO OBJECT
IF, WITHIN THE FRAMEWORK OF A CONSIDERATION OF INTERESTS, WE PROCESS YOUR PERSONAL DATA ON THE BASIS OF OUR PREDOMINANT LEGITIMATE INTEREST, YOU HAVE THE RIGHT AT ANY TIME TO OBJECT TO THIS PROCESSING WITH EFFECT FOR THE FUTURE ON THE GROUNDS THAT ARISE FROM YOUR PARTICULAR SITUATION.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED. HOWEVER, WE RESERVE THE RIGHT TO FURTHER PROCESSING IF WE CAN PROVE COMPELLING REASONS WORTHY OF PROTECTION FOR PROCESSING WHICH OUTWEIGH YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS, OR IF THE PROCESSING SERVES TO ASSERT, EXERCISE OR DEFEND LEGAL CLAIMS.
IF WE PROCESS YOUR PERSONAL DATA FOR DIRECT MARKETING PURPOSES, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA WHICH ARE USED FOR DIRECT MARKETING PURPOSES. YOU MAY EXERCISE THE OBJECTION AS DESCRIBED ABOVE.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED FOR DIRECT ADVERTISING PURPOSES.
13) Duration of Storage of Personal Data
The duration of the storage of personal data is based on the respective legal basis, the purpose of processing and - if relevant – on the respective legal retention period (e.g. commercial and tax retention periods).
If personal data is processed on the basis of an express consent pursuant to Art. 6 (1) point a GDPR, this data is stored until the data subject revokes his consent.
If there are legal storage periods for data that is processed within the framework of legal or similar obligations on the basis of Art. 6 (1) point b GDPR, this data will be routinely deleted after expiry of the storage periods if it is no longer necessary for the fulfillment of the contract or the initiation of the contract and/or if we no longer have a justified interest in further storage.
When processing personal data on the basis of Art. 6 (1) point f GDPR, this data is stored until the data subject exercises his right of objection in accordance with Art. 21 (1) GDPR, unless we can provide compelling grounds for processing worthy of protection which outweigh the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims.
If personal data is processed for the purpose of direct marketing on the basis of Art. 6 (1) point f GDPR, this data is stored until the data subject exercises his right of objection pursuant to Art. 21 (2) GDPR.
Unless otherwise stated in the information contained in this declaration on specific processing situations, stored personal data will be deleted if it is no longer necessary for the purposes for which it was collected or otherwise processed.