Information on data protection
Information about the HELBAKO websiteHELBAKO GmbH (hereinafter referred to as “HELBAKO” or “we”) attaches great importance to the data protection-compliant handling and security in the processing of your personal data. With this data protection information, we would like to inform you about how we handle personal data in general and in particular.
1 Responsibilities
1.1 Responsiblein terms of data protection
The controller within the meaning of data protection law is the natural or legal person who – alone or jointly with others – determines the purposes and means of the processing of personal data.
The controller in terms of data protection is the:
HELBAKO GmbH
Weilenburgstr. 30
D-42579 Heiligenhaus
Phone: +49 2056 912-0
E-mail: infos(at)helbako.de
1.2 Our data protection officer
We have appointed an external data protection officer for our organization, who can be reached at the following contact details:
Boris Nicolaj Willm
Resilien[i]T GmbH
Phone: +49 211 695289 92
Email: dsb.helbako(at)resilienit.de
1.3 Our supervisory authority
You can contact the supervisory authority responsible for us at:
State Commissioner for Data Protection and Freedom of Information North Rhine-Westphalia
Kavalleriestr. 2-4
40213 Düsseldorf
Phone: +49 211 38424-0
E-mail: poststelle(at)ldi.nrw.de
2. general information on data protection
2.1 What data do we process from you?
Depending on the specific processing situation and necessity, we collect and process different types of personal data. We provide detailed information on this in this and / or separate data protection information or as part of the data collection to the respective data subjects.
2.2 For what purposes do we process your data and on what legal basis?
We collect and process various personal data depending on the specific processing situation. The processing is always carried out in accordance with the provisions of the General Data Protection Regulation (GDPR), the Federal Data Protection Act (BDSG) or other legal requirements The legal bases relevant to us result from Art. 6 para. 1 as follows:
2.2.1 On the basis of your consent
If you have given us your consent for the specific processing of your personal data, we will process your personal data on this basis. Consent may, for example, relate to the forwarding of data to partner companies, the evaluation of your data for targeted advertising measures or the sending of newsletters.
Consent is always voluntary. Refusal or withdrawal of consent will have no negative consequences for you.
2.2.2 For the fulfillment of contractual obligations
We process your personal data to fulfill contractual or quasi-contractual obligations or to establish a contract, for example for existing customer support or to answer questions from a prospective customer.
If you apply to us by post or electronically and provide us with personal data, we process this data exclusively for the purpose of initiating a future employment relationship.
2.2.3 Due to legal obligations
Within the scope of our legal obligations, we process your personal data if this is provided for or required by law. This may include, for example, the disclosure of your data to government authorities in the context of tax or criminal prosecution proceedings, the evaluation of your data to comply with regulatory requirements or the provision of certain information to legal institutions.
The processing of your data on this basis is always necessary. The legal obligation to which we are subject as an organization cannot be impaired by any refusal or restriction on your part. We assure you that your personal data will be processed in accordance with the law and that it will be comprehensively protected.
2.2.4 Due to legitimate interests
We also process your personal data to protect our legitimate interests, unless your interests or fundamental rights and freedoms, which require the protection of your personal data, prevail.
Subject to a balancing decision to be made in individual cases, we regularly assume that our legitimate interests prevail in the following non-exhaustive list of processing situations:
- for existing customer support;
- to inform you about offers for services and products if we have received your name, e-mail address or postal address from you in connection with the provision of our services and/or the sale of our products;
- to process your request after you have contacted us;
- Optimization of our processes (e.g. to identify sources of error), offers and services;
- Maintaining a customer database in our group of companies to improve customer service;
- in the context of legal prosecution in the event of suspicion or a criminal offense;
- to ensure the security, confidentiality and integrity of our IT systems; (e.g. through security and effectiveness tests);
- to process your data in order to test IT systems and software products, to carry out migrations, to ensure the functionality of new products and the correctness and completeness of migrations.
- In the event of a security incident involving your data, we are obliged under Art. 33 GDPR to report this immediately to the competent data protection supervisory authority. In our legitimate interest in complying with this legal obligation as quickly as possible, it may be necessary to process your personal data as part of the investigation of the incident. However, no personal data of yours will be transmitted to the data protection supervisory authority in the reports;
- to carry out internal audits, internal reviews and other control measures (e.g. reviews by the data protection or information security officer) in order to comply with legal requirements, ensure transparency in our business processes and continuously improve them. In doing so, it may be necessary to process documents or files that contain your personal data.
- to maintain a blacklist in order to implement the objection to processing pursuant to Art. 21 GDPR.
2.3 From whom do we receive your data?
In principle, we process your personal data that you have provided yourself or that has been collected from you. If necessary, we collect personal data from external sources (see point 2.4); we may refer you to other sources separately. Processing only takes place on the basis of a valid legal basis.
2.4 Who do we share your data with?
2.4.1 Companies, agencies and partners of HELBAKO
In principle, we only pass on your personal data if this is necessary for the establishment, execution or termination of a contract or contract-like relationship. In these cases, data is only passed on to companies affiliated with us or to partners and agencies. Partners and agencies are, in particular, independent commercial agents for the distribution of our goods and services in Germany and abroad. When you contact us, for example, we share the information you provide us with the relevant regional company so that it can offer you our products and services in an optimized manner, depending on the needs and regionality of your request.
The companies of HELBAKO GmbH include:
HELBAKO ELECTRONICA SRL
VGP Park Timisoara
C. Aviatorilor 4 Unit 8/B2
307200 Ghiroda, Jud. Timis
Romania
2.4.2 Processors and third parties
On our instructions, your personal data may be processed by processors if their involvement is necessary for processing. In these cases, we ensure that your personal data is processed in accordance with the provisions of the GDPR. Processors in this case are, for example, IT service providers, waste disposal companies, etc. In addition, these processors are contractually obliged to either delete or return the data to us in accordance with the legal requirements when their services are terminated.
Your data will only be transmitted and passed on to external recipients if this is permitted or required by law.
Your data may be passed on to the following recipients:
- Public bodies and institutions, as well as law enforcement agencies that receive data due to legal regulations (e.g. tax office, tax auditors, courts, employment agency, customs, etc.);
- In the event of a legal dispute or suspicion of a criminal offense (e.g. courts, opposing lawyers, authorities, contractual partners, consultants, business partners, opposing parties, insofar as necessary to protect our rights);
- Tax consultants, accountants, auditors, data protection officers, information security officers or legal advisors;
- Payment service provider, for processing a payment transaction (e.g. financial institutions, payment services);
- Collection service providers or credit agencies, insofar as this is necessary to exercise our rights;
- IT and other service providers; (e.g. for IT maintenance, cloud services, applications, website support, advertising agency, destruction of files and data carriers, credit checks, sanctions list checks, as well as protection and security services, caterers, call centers);
- Printing and logistics companies, telecommunications service providers, delivery services, e-mail providers of the recipient, data carrier disposal service providers.
2.5 Information on the transfer of data to third countries
In our organization, we use services from providers based in countries outside the European Economic Area where there is no level of data protection comparable to that in the EU. When using these services, your personal data may be transferred to these countries and processed there. We guarantee that this transfer will only take place within the framework of compliance with Art. 44 et seq. of the General Data Protection Regulation (GDPR) in order to ensure an adequate level of protection for your data.
2.6 Storage period
If no explicit or statutory storage period is specified at the time of collection, your personal data will be deleted as soon as it is no longer required to fulfill the purpose of storage and there are no statutory retention obligations or legal justifications for storage.
If you assert a justified request for deletion or revoke your consent to data processing, your data will be deleted unless we have other legally permissible reasons for storing your personal data (e.g. retention periods under tax or commercial law); in the latter case, deletion will take place after these reasons no longer apply.
3 Your rights as a data subject
In accordance with the provisions of data protection law, we would like to inform you of your rights as a data subject. These rights are essential components of data protection and guarantee you control over your personal data. It is important to us that you are aware of your rights and understand how you can exercise them to protect your privacy and the integrity of your data. Below you will find a detailed breakdown of your rights and how you can exercise them if necessary.
3.1 Information, correction and deletion
You have the right to obtain information about your personal data processed by us. This includes information about the source of the data, the recipients and the purpose of processing. You also have the right to have this data corrected or deleted if necessary.
3.2 Right to restriction of processing
You have the right to request the restriction of the processing of your personal data. This right is applicable under the following conditions:
- Accuracy of the data: If you dispute the accuracy of your personal data and verification is required.
- Unlawful processing: If the processing is unlawful, but you refuse to have it erased and instead request that its use be restricted.
- The purpose of processing no longer applies but is required for legal claims: If the controller no longer needs the data for the purposes of processing, but you need them to assert, exercise or defend legal claims.
- Objection to processing: If you have objected to the processing pursuant to Art. 21 para. 1 GDPR and it is still being examined whether the legitimate reasons of the controller outweigh your reasons.
During the period of restriction, your data, apart from being stored, may only be processed with your consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.
3.3 Right to data portability
You have the right to receive your personal data that you have provided to us in a structured, widely used and machine-readable format in accordance with the existing legal provisions. This right also enables you to have this data transferred directly from one controller to another, where technically feasible. This applies in cases where the processing is based on consent or a contract and is automated.
3.4 Right to object to the collection of data in special cases
You have the right to object at any time to the processing of your personal data if it is based on Article 6(1)(f). This provision permits data processing on the basis of the legitimate interests of the controller or a third party, unless your interests or fundamental rights and freedoms, which require the protection of personal data, prevail.
You have the unrestricted right to object to the processing of your personal data for advertising purposes at any time. This includes direct marketing. As soon as you object, the processing of your data for these purposes will cease. This right is absolute and will result in the immediate cessation of the relevant data processing.
Individuals have the right not to be subject to decisions based solely on automated processing which produces legal effects concerning them or similarly significantly affects them.
The right to object also extends to profiling insofar as it is associated with direct marketing.
3.5 Revocation of your consent to data processing
You have the right to revoke processing based on your explicit consent at any time for the future. However, this revocation does not affect the legality of the data processing that took place before your revocation.
3.6 Contact option for exercising your rights as a data subject
You can declare the assertion of your rights and, if applicable, your objection informally by post or e-mail, addressed to:
HELBAKO GmbH
Area: Data protection
Weilenburgstr. 30
D-42579 Heiligenhaus
DST(at)helbako.de / dsb.helbako(at)resilienit.de / datenschutz(at)helbako.de
3.7 Right to lodge a complaint
If you believe that the processing of your personal data violates data protection law, you have the right to lodge a complaint with a data protection supervisory authority in accordance with Art. 77 (1) GDPR.
4. data processing on our website
4.1 General information on the legal basis for data processing on this website
If you have consented to data processing, we process your personal data on the basis of Art. 6 para. 1 lit. a DSGVO or Art. 9 para. 2 lit. a DSGVO, insofar as special categories of data pursuant to Art. 9 para. 1 DSGVO are processed. In the case of explicit consent to the transfer of personal data to third countries, the data processing is also carried out on the basis of Art. 49 para. 1 lit. a GDPR. If you have consented to the storage of cookies or access to information in your end device (e.g. via device fingerprinting), data processing is also carried out on the basis of Section 25 (1) TDDDG. The consent can be revoked at any time. If your data is required for the performance of a contract or for the implementation of pre-contractual measures, we process your data on the basis of Art. 6 para. 1 lit. b GDPR. Furthermore, we process your data insofar as this is necessary for the fulfillment of a legal obligation on the basis of Art. 6 para. 1 lit. c GDPR. The data processing may further be based on our legitimate interest according to Art. 6 para. 1 lit. f DSGVO shall take place. Information on the relevant legal bases in each individual case is provided in the following paragraphs of this privacy policy.
4.2 External hosting
We host our websites externally. The personal data collected on our websites is stored on the hoster’s servers. This may include IP addresses, contact requests, meta and communication data, contract data, contact details, names, website accesses and other data generated via a website.
Our hoster will only process your data to the extent necessary to fulfill its performance obligations and follow our instructions with regard to this data.
We use the following hoster:
jweiland.net – Jochen Weiland
Echterdinger Straße 57
Building 9
D-70794 Filderstadt
The website is maintained by :
Website support:
PixelProduction GmbH & Co KG
Vorm Eichholz 2
D-42119 Wuppertal
We have concluded a data processing agreement (DPA) with the service provider for the use of the above-mentioned service. This is a contract prescribed by data protection law, which ensures that the service provider only processes the personal data of our website visitors in accordance with our instructions and in compliance with the GDPR.
4.3 SSL or TLS encryption
For security reasons and to protect the transmission of confidential content, we use SSL or TLS encryption for our website(s). You can recognize an encrypted connection by the fact that the web address begins with “https://” and a lock symbol is displayed in your browser. If SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties.
4.4 Cookies
Our Internet pages use so-called “cookies”. Cookies are small data packets and do not cause any damage to your terminal device. They are stored either temporarily for the duration of a session (session cookies) or permanently (permanent cookies) on your terminal device. Session cookies are automatically deleted after the end of your visit. Permanent cookies remain stored on your end device until you delete them yourself or they are automatically deleted by your web browser.
Cookies may originate from us (first-party cookies) or from third-party companies (so-called third-party cookies). Third-party cookies enable the integration of certain services from third-party companies within websites (e.g. cookies for processing payment services).
Cookies have various functions. Many cookies are technically necessary, as certain website functions would not work without them (e.g. the shopping cart function or the display of videos). Other cookies can be used to evaluate user behavior or for advertising purposes.
Cookies that are required to carry out the electronic communication process, to provide certain functions that you have requested (e.g. for the shopping cart function) or to optimize the website (e.g. cookies to measure the web audience) (necessary cookies) are stored on the basis of Art. 6 para. 1 lit. a GDPR. 1 lit. f DSGVO stored. The website operator has a legitimate interest in the storage of necessary cookies for the technically error-free and optimized provision of its services. If consent to the storage of cookies and comparable recognition technologies has been requested, the processing is carried out exclusively on the basis of this consent (Art. 6 para. 1 lit. a GDPR and § 25 para. 1 TDDDG); the consent can be revoked at any time.
You can set your browser so that you are informed about the setting of cookies and only allow cookies in individual cases, exclude the acceptance of cookies for certain cases or in general and activate the automatic deletion of cookies when closing the browser. If cookies are deactivated, the functionality of this website may be restricted.
You can find out which cookies and services are used on this website in this data protection information.
Cookie list
4.5 Consent with Borlabs Cookie
Our website uses Borlabs Cookie consent technology to obtain your consent to the storage of certain cookies in your browser or to the use of certain technologies and to document this in accordance with data protection regulations. The provider of this technology is Borlabs GmbH, Rübenkamp 32, 22305 Hamburg (hereinafter referred to as Borlabs).
When you use our website, a Borlabs cookie is stored in your browser, which documents the consents you have given and their revocation. This data is not passed on to the provider of Borlabs Cookie.
The collected data will be stored until you request us to delete it or delete the Borlabs cookie yourself, or until the purpose for storing the data no longer applies. Mandatory statutory retention periods remain unaffected. Details on the data processing of Borlabs Cookie can be found at https://de.borlabs.io/kb/welche-daten-speichert-borlabs-cookie/.
The use of Borlabs cookie consent technology is done in order to obtain the legally required consents for the use of cookies. The legal basis for this is Art. 6 para. 1 lit. c GDPR.
4.6 Server log files
The provider of the pages automatically collects and stores information in so-called server log files, which your browser automatically transmits to us. These are:
- Browser type and browser version
- Operating system used
- Referrer URL
- Host name of the accessing computer
- Time of the server request
- IP address
This data is not merged with other data sources.
The collection of this data is based on Art. 6 para. 1 lit. f GDPR. The website operator has a legitimate interest in the technically error-free presentation and optimization of its website – for this purpose, the server log files must be recorded.
4.7 Contact form
If you send us inquiries via the contact form, the information you provide in the inquiry form, including the contact data you enter there, will be stored by us for the purpose of processing the inquiry and in case of follow-up questions.
The processing of this data is based on Art. 6 para. 1 lit. b DSGVO, provided that your request is related to the performance of a contract or is necessary for the performance of pre-contractual measures. In all other cases, the processing is based on our legitimate interest in the effective processing of the requests addressed to us (Art. 6 para. 1 lit. f GDPR) or on your consent (Art. 6 para. 1 lit. a GDPR) if this has been requested; the consent can be revoked at any time.
The data you enter in the contact form will remain with us until you request us to delete it, revoke your consent to store it, or the purpose for storing the data no longer applies (e.g. after we have completed processing your request). Mandatory statutory provisions – in particular retention periods – remain unaffected.
4.8 Analysis tools and advertising
4.8.1 Google Tag Manager
We use the Google Tag Manager. The provider is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland.
Google Tag Manager is a tool that allows us to integrate tracking or statistical tools and other technologies on our website. The Google Tag Manager itself does not create any user profiles, does not store any cookies and does not carry out any independent analyses. It is only used to manage and display the tools integrated via it. However, Google Tag Manager records your IP address, which may also be transmitted to Google’s parent company in the United States.
The use of Google Tag Manager is based on Art. 6 para. 1 lit. f GDPR. The website operator has a legitimate interest in the fast and uncomplicated integration and management of various tools on its website. If a corresponding consent has been requested, the processing is based exclusively on Art. 6 para. 1 lit. a DSGVO and § 25 para. 1 TDDDG, insofar as the consent includes the storage of cookies or access to information in the user’s end device (e.g. device fingerprinting) within the meaning of the TDDDG. Consent can be revoked at any time.
The company is certified in accordance with the “EU-US Data Privacy Framework” (DPF). The DPF is an agreement between the European Union and the USA that is intended to ensure compliance with European data protection standards for data processing in the USA. Every company certified under the DPF undertakes to comply with these data protection standards. Further information on this can be obtained from the provider at the following link: https://www.dataprivacyframework.gov/s/participant-search/participant-detail?contact=true&id=a2zt000000001L5AAI&status=Active
4.8.2 Google Analytics
This website uses functions of the web analysis service Google Analytics. The provider is Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland.
Google Analytics enables the website operator to analyze the behavior of website visitors. The website operator receives various usage data, such as page views, length of visit, operating systems used and origin of the user. This data is assigned to the user’s end device. It is not assigned to a user ID.
We can also use Google Analytics to record your mouse and scroll movements and clicks, among other things. Google Analytics also uses various modeling approaches to supplement the collected data records and uses machine learning technologies for data analysis.
Google Analytics uses technologies that enable the recognition of the user for the purpose of analyzing user behavior (e.g. cookies or device fingerprinting). The information collected by Google about the use of this website is generally transmitted to a Google server in the USA and stored there.
The use of this service is based on your consent in accordance with Art. 6 para. 1 lit. a DSGVO and § 25 para. 1 TDDDG. Consent can be revoked at any time.
Data transfer to the USA is based on the standard contractual clauses of the EU Commission. Details can be found here: https://privacy.google.com/businesses/controllerterms/mccs/.
The company is certified in accordance with the “EU-US Data Privacy Framework” (DPF). The DPF is an agreement between the European Union and the USA that is intended to ensure compliance with European data protection standards for data processing in the USA. Every company certified under the DPF undertakes to comply with these data protection standards. Further information on this can be obtained from the provider at the following link: https://www.dataprivacyframework.gov/s/participant-search/participant-detail?contact=true&id=a2zt000000001L5AAI&status=Active
IP anonymization
Google Analytics IP anonymization is activated. As a result, your IP address will be shortened by Google within member states of the European Union or in other signatory states to the Agreement on the European Economic Area before being transmitted to the USA. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and truncated there. Google will use this information on behalf of the operator of this website for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage to the website operator. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data.
Browser plugin
You can prevent the collection and processing of your data by Google by downloading and installing the browser plug-in available at the following link: https://tools.google.com/dlpage/gaoptout?hl=de.
You can find more information on how Google Analytics handles user data in Google’s privacy policy: https://support.google.com/analytics/answer/6004245?hl=de.
We have concluded an order processing contract with Google and fully implement the strict requirements of the German data protection authorities when using Google Analytics.
4.8.3 WP Statistics
This website uses the analysis tool WP Statistics to statistically evaluate visitor access. The provider is Veronalabs, Tatari 64, 10134, Tallinn, Estonia(https://veronalabs.com).
With WP Statistics we can analyze the use of our website. Among other things, WP Statistics records log files (IP address, referrer, browser used, origin of the user, search engine used) and actions that website visitors have taken on the site (e.g. clicks and views).
The data collected with WP Statistics is stored exclusively on our own server.
The use of this analysis tool is based on Art. 6 para. 1 lit. f GDPR. We have a legitimate interest in the anonymized analysis of user behaviour in order to optimize both our website and our advertising. If a corresponding consent has been requested, the processing is based exclusively on Art. 6 para. 1 lit. a DSGVO and § 25 para. 1 TDDG, insofar as the consent includes the storage of cookies or access to information in the user’s end device (e.g. device fingerprinting) within the meaning of the TDDG. Consent can be revoked at any time.
IP anonymization
We use WP Statistics with anonymized IP. Your IP address is shortened so that it can no longer be directly assigned to you.
Data protection information for suppliers
Data protection information for customers, interested parties and business partners
5 Data processing as part of the application process
We offer you the opportunity to apply to us via the following channels:
- by e-mail to recruiting(at)helbako.de
- our career page
In the following, we inform you about the scope, purpose and use of your personal data collected as part of the application process. We assure you that your data will be collected, processed and used in accordance with applicable data protection law and all other statutory provisions and that your data will be treated in strict confidence.
To ensure a compliant application process, we ask you to always apply via the specified channels.
5.1 Our recruiting page (Personio applicant management system)
We use the personnel administration and applicant management software of Personio GmbH & Co. KG, a company based in Germany that offers and operates personnel administration and applicant management software (https://www.personio.de/impressum/), on our recruiting site.
The data transmitted as part of your application will be transferred via TLS encryption and stored in a database. The company that carries out this online application process is solely responsible for this data within the meaning of Art. 24 GDPR. Personio is the operator of the software and our recruiting site and in this context a processor according to Art. 28 DSGVO. The basis for the processing by Personio is a contract for commissioned processing between us, the controller, and Personio. In addition, Personio GmbH & Co. KG processes further data for the provision of its services, in particular for the operation of the Recruiting Site, some of which may also be personal data. For all information on the scope and purpose of data collection and the data retention period, please refer to the data protection information in the application form. We assure you that your data will be treated strictly confidential. Further information on processing can be found in the applicant system’s data protection information.
5.2 Scope and purpose of data collection
If you send us an application, we process your associated personal data (e.g. contact and communication data, application documents, notes taken during interviews, etc.) insofar as this is necessary for the decision on the establishment of an employment relationship. The legal basis for this is Art. 6 para. 1 lit. b GDPR (general contract initiation) in conjunction with Section 26 BDSG under German law (initiation of an employment relationship). If you claim reimbursement of travel expenses, we process your associated personal data (e.g. bank details, details of travel expenses claimed, etc.), the legal basis for this is Art. 6 para. 1 lit. c GDPR (fulfillment of legal obligations). If you have given us your consent – Art. 6 para. 1 lit. a GDPR. Consent can be revoked at any time for the future. Your personal data will only be passed on within our company to persons who are involved in processing your application.
If you provide links to your profiles in social networks in your application, we reserve the right to view these as part of the selection process.
If you provide us with information about your previous employers or name a reference person, we may contact them with your express consent (Art. 6 para. 1 lit. a GDPR) in order to obtain a recommendation or assessment of your person. This is done on the basis of our legitimate interest in including such references in the decision-making process (Art. 6 para. 1 lit. f GDPR).
5.3 Application portals, recruitment agencies and the Federal Employment Agency
In order to recruit employees, in certain cases we commission recruitment agencies or use application portals to advertise jobs or to approach applicants directly. It depends on the individual case or the respective channel whether the above-mentioned data is collected directly from you or via the respective intermediary and/or transmitted to us. In addition, we receive applicant profiles with contact data from the Federal Employment Agency in accordance with Section 38 (2) SGB III.
5.4 Online application interviews
As part of the application process, we offer interested parties the opportunity to conduct job interviews via a video conferencing tool. This serves the possibility of contactless interaction as well as the overcoming of geographical distances. The video or audio is not recorded or stored at any time. Applicants are free to turn off the camera function in advance or during the interview. The applicant can refuse the video application interview without giving any reason. In this case, a mutually acceptable alternative will be sought.
If a video conferencing tool is used, the transfer of data to a third country (in particular the USA) cannot be ruled out. The legal basis for the processing is the consent according to. Art. 6 par. 1 lit. a GDPR. The consent can be revoked at any time.
5.5 Data retention period
If we are unable to make you a job offer, if you reject a job offer or withdraw your application, we reserve the right to retain the data you have provided on the basis of our legitimate interests (Art. 6 Para. 1 lit. f DSGVO) for up to 6 months from the end of the application process (rejection or withdrawal of the application). The data is then deleted and the physical application documents are destroyed. The storage serves in particular evidence purposes in the event of a legal dispute. If it is evident that the use of the data will be necessary after the expiry of the 6-month period (e.g. due to an impending or pending legal dispute), deletion will only take place when the purpose for further storage no longer applies.
Longer storage may also take place if you have given your consent (Art. 6 para. 1 lit. a GDPR) or if statutory retention obligations prevent deletion.
5.6 Inclusion in the applicant pool
If we do not make you a job offer, we may be able to include you in our applicant pool. If you are accepted, all documents and information from your application will be transferred to the applicant pool in order to contact you in the event of suitable vacancies.
Admission to the applicant pool is based exclusively on your express consent (Art. 6 para. 1 lit. a GDPR). Giving consent is voluntary and is not related to the current application process. The data subject can withdraw their consent at any time. In this case, the data from the applicant pool will be deleted immediately, provided there are no statutory retention reasons.
The data from the applicant pool will be irrevocably deleted no later than two years after consent has been given.
6 Data processing when using our whistleblower system
We offer you the opportunity to use our externally operated internal reporting office via the whistleblower system on our website. We would like to inform you about the possible processing of personal data.
The provider and operator of the whistleblowing system is Personio GmbH & Co KG, a company based in Germany.
The internal reporting office is managed by our organization. It receives the reports and coordinates further processing after pre-qualification (e.g. communication with the whistleblower, checking reports, carrying out any necessary clarification of the facts, documentation).
6.1 Processors and data controllers
We have concluded an order processing agreement (AVV) with the above-mentioned system provider. This regulates and guarantees that the personal data will only be processed in accordance with our instructions and in compliance with the GDPR.
Depending on the type of measures required by the notification, service providers not bound by instructions may be entrusted with the specific implementation of the corresponding clarification. These service providers may include auditors, law firms or tax consultants. In these cases, the service providers act primarily as their own data controllers within the meaning of Art. 4 No. 7 GDPR.
6.2 Scope and purpose of data collection
The purpose of the whistleblower system is to securely and confidentially receive and process reports of (suspected) violations of the law or serious internal rules against our organization, e.g. in the course of professional activities.
The processing of personal data within the framework of the system used is based on the legal basis of the legitimate interest in the detection and prevention of misconduct and the associated prevention of damage and liability risks in accordance with Art. 6 para. 1 lit. f GDPR. Art. 6 par. 1 lit. f GDPR in conjunction with. §§ Sections 30, 130 OWiG. Furthermore, the Whistleblower Directive (EU) 2019/1937 and the national HinSchG, which came into force on July 2, 2023, require implementation in companies on the legal basis of Art. 6 para. 1 lit. c GDPR.
6.3 Use of the whistleblower portal
6.3.1 Type of personal data collected
The whistleblower system is used on a voluntary basis. If you submit a report via the whistleblower system, we collect the following personal data and information:
- Your name, if you disclose your identity, possibly also your private address, private telephone number, private e-mail address).
- whether you are employed by the [organization] or what your relationship to our company is
- if applicable, names of persons and other personal data of the persons you name in your notification.
- In individual cases, special categories of personal data within the meaning of Art. 9 para. 1 GDPR may also be processed, e.g. if the information provided by a whistleblower already contains corresponding data. This category of data is only processed for the reasons stated in Art. 9 Para. 2 GDPR or Section 26 Para. 3 BDSG and is treated with particular confidentiality.
6.3.2 Possible recipients of the data
We ensure that personal data is only accessible to a limited number of authorized persons who need this data to perform their tasks, including employees of the Reporting Office and persons who support them in the performance of their tasks. This also includes the named service providers who are subject to separate data protection obligations. In certain cases, there may be an obligation under data protection law to inform the accused person about the allegations made against them. This is required by law if it is objectively clear that providing information to the accused person can no longer affect the actual investigation of the allegation. As far as legally possible, your identity as the whistleblower will not be disclosed and it will also be ensured that no conclusions can be drawn about your identity as the whistleblower.
The transfer of data to bodies in countries outside the European Union (so-called third countries) is generally not intended within the framework of our whistleblower system. Should such a transfer nevertheless be necessary in individual cases (e.g. due to a report from a country outside the EU), a transfer will only take place if there is a legal basis and a suitable guarantee (e.g. adequacy decision, standard contractual clauses, express consent).
If there is a corresponding legal obligation or data protection requirement for the disclosure of information, other possible categories of recipients may be considered:
- Law enforcement authorities,
- Cartel authorities,
- Data Protection Officer,
- other administrative authorities,
- Courts, lawyers, auditors
Every person who receives access to the data is or will be obliged to maintain confidentiality.
Confidentiality cannot be guaranteed if false information is knowingly posted with the aim of discrediting a person (denunciation).
6.3.3 Data security
Personal data and information entered into the whistleblowing system is encrypted and stored securely with password protection. The whistleblowing system is operated in an ISO27001-certified data center. The data can only be viewed by an authorized group of people who are obliged to maintain confidentiality; no other third parties have access to the data. The security of the procedure is guaranteed by comprehensive technical and organizational measures.
6.3.4 Retention period of personal data
All incoming reports must be documented in accordance with § 11 HinSchG in compliance with the confidentiality obligations. The documentation will be deleted 3 years after completion of the procedure. Personal data will be stored for as long as required for clarification and final assessment or for as long as the company has a legitimate interest or this is required by law.
7 Data processing in other cases
7.1 Request by e-mail, telephone or fax
If you contact us by e-mail, telephone or fax, your inquiry including all resulting personal data (name, inquiry) will be stored and processed by us for the purpose of processing your request.
The processing of this data is based on Art. 6 para. 1 lit. b DSGVO, provided that your request is related to the performance of a contract or is necessary for the performance of pre-contractual measures. In all other cases, the processing is based on our legitimate interest in the effective processing of the requests addressed to us (Art. 6 para. 1 lit. f GDPR) or on your consent (Art. 6 para. 1 lit. a GDPR) if this has been requested; the consent can be revoked at any time.
The data you send to us via contact requests will remain with us until you ask us to delete it, revoke your consent to storage or the purpose for data storage no longer applies (e.g. after your request has been processed). Mandatory statutory provisions – in particular statutory retention periods – remain unaffected.
7.2 Data processing in the context of audio and video conferences
Among other things, we use online conferencing tools to communicate with our customers. The tools we use in detail are listed below. If you communicate with us by video or audio conference via the internet, your personal data will be collected and processed by us and the provider of the respective conference tool.
In doing so, the conference tools collect any data that you provide/enter to use the tools (email address and/or your phone number). The conference tools also process the duration of the conference, the start and end (time) of participation in the conference, the number of participants and other “context information” in connection with the communication process (metadata).
Furthermore, the provider of the tool processes all technical data required for the handling of online communication. This includes, in particular, IP addresses, MAC addresses, device IDs, device type, operating system type and version, client version, camera type, microphone or loudspeaker and the type of connection.
If content is exchanged, uploaded or otherwise made available within the tool, this is also stored on the servers of the tool providers. Such content includes, in particular, cloud recordings, chat/instant messages, voicemails, uploaded photos and videos, files, whiteboards and other information shared while using the service.
Please note that we do not have full control over the data processing operations of the tools used. Our options are largely determined by the corporate policy of the respective provider. Further information on data processing by the conference tools can be found in the data protection information of the respective tools used, which we have listed below this text.
7.2.1 Purpose and legal basis
The conference tools are used to communicate with prospective or existing contractual partners or to offer certain services to our customers (Art. 6 para. 1 lit. b DSGVO). Furthermore, the use of the tools serves the general simplification and acceleration of communication with us or our company (legitimate interest within the meaning of Art. 6 para. 1 lit. f DSGVO). If consent has been requested, the tools in question are used on the basis of this consent; consent can be revoked at any time with effect for the future.
7.2.2 Storage period
The data collected directly by us via the video and conference tools will be deleted from our systems as soon as you request us to delete it, revoke your consent to store it, or the purpose for storing the data no longer applies. Stored cookies remain on your end device until you delete them. Mandatory statutory retention periods remain unaffected.
We have no influence on the storage period of your data, which is stored by the operators of the conference tools for their own purposes. For details, please contact the operators of the conference tools directly.
7.2.3 Conference tool used – Microsoft Teams
We use Microsoft Teams. The provider is Microsoft Ireland Operations Limited, One Microsoft Place, South County Business Park, Leopardstown, Dublin 18, Ireland. Details on data processing can be found in the Microsoft Teams data protection information: https://privacy.microsoft.com/de-de/privacystatement.
The company is certified in accordance with the “EU-US Data Privacy Framework” (DPF). The DPF is an agreement between the European Union and the USA that is intended to ensure compliance with European data protection standards for data processing in the USA. Every company certified under the DPF undertakes to comply with these data protection standards. Further information on this can be obtained from the provider at the following link: https://www.dataprivacyframework.gov/s/participant-search/participant-detail?contact=true&id=a2zt0000000KzNaAAK&status=Active
We have concluded a data processing agreement (DPA) for the use of the above-mentioned service. This is a contract prescribed by data protection law, which ensures that it processes the personal data of our website visitors only in accordance with our instructions and in compliance with the GDPR.
7.3 Video surveillance at our location(s)
To protect the property of our organization, employees, customers and suppliers as well as to prevent and investigate theft and vandalism, check for material damage, regular functional checks, video surveillance is carried out at our location(s). The storage period is 72 hours. Recordings required for the purpose of preserving evidence are stored for as long as is necessary for legal prosecution.
The records can be viewed by the service provider (processor) during maintenance of the system.
In the context of criminal prosecution, the data may be forwarded to authorities and or lawyers commissioned by us.
The legal basis for this processing is Article 6(1)(f) of the European General Data Protection Regulation (overriding legitimate interest). Where special categories of personal data are processed, this is done on the basis of Art. 9(2)(f) in conjunction with Art. 6(1)(f) GDPR. Our interest lies in improving the protection of the property of the company, customers, suppliers and its employees against burglary, theft, vandalism, to safeguard domiciliary rights and to assert claims against third parties.
7.4 Dispatch of product information
If we provide you with information as part of pre-contractual measures or an existing business relationship, we only process the data that is necessary. These are:
- Personal details (first name and surname);
- Name of the company;
- Contact details (telephone number, e-mail address)
7.5 Sending newsletters to existing customers
If you order goods or services from us and enter your e-mail address, this e-mail address may subsequently be used by us to send you newsletters, provided we inform you of this in advance. In such a case, only direct advertising for our own similar goods or services will be sent via the newsletter. You can unsubscribe from this newsletter at any time. There is a corresponding link in every newsletter for this purpose. The legal basis for sending the newsletter in this case is Art. 6 para. 1 lit. f GDPR in conjunction with Section 7 (3) UWG.
After you unsubscribe from the newsletter distribution list, we may store your e-mail address in a blacklist to prevent future mailings to you. The data from the blacklist will only be used for this purpose and will not be merged with other data. This serves both your interest and our interest in complying with the legal requirements when sending newsletters (legitimate interest within the meaning of Art. 6 para. 1 lit. f GDPR). Storage in the blacklist is not limited in time. You can object to the storage if your interests outweigh our legitimate interest.
7.6 Christmas and New Year greetings
We may send Christmas/New Year greetings to customers and business partners at the end of the year. Your name and address will be collected and processed in order to send you these.
The processing of the data is based on a business purpose in accordance with Art. 6 para. 1 lit. f GDPR. The controller has a legitimate interest in thanking and promoting the customer and business relationship.
Your data will not be passed on to third parties.
If you do not wish to receive greeting cards from us, you can object to receiving them. You can send us your objection without giving reasons, as described in the section on data subjects’ rights. Your data will then no longer be used for this purpose.
8 Our social media presence
8.1 Data processing by social networks
We maintain publicly accessible profiles on social networks. The individual social networks we use are listed below.
Social networks can generally analyze your user behavior comprehensively when you visit their website or a website with integrated social media content (e.g. like buttons or advertising banners). Visiting our social media sites triggers numerous processing operations relevant to data protection. In detail:
- If you are logged into your social media account and visit our social media presence, the operator of the social media portal can assign this visit to your user account. However, your personal data may also be collected under certain circumstances if you are not logged in or do not have an account with the respective social media portal. In this case, this data collection takes place, for example, via cookies that are stored on your end device or by recording your IP address.
- With the help of the data collected in this way, the operators of the social media portals can create user profiles in which your preferences and interests are stored. In this way, interest-based advertising can be displayed to you inside and outside the respective social media presence. If you have an account with the respective social network, the interest-based advertising can be displayed on all devices on which you are logged in or were logged in.
- Please also note that we cannot track all processing on the social media portals. Depending on the provider, further processing operations may therefore be carried out by the operators of the social media portals. For details, please refer to the terms of use and data protection provisions of the respective social media portals.
8.2 Legal basis
Our social media presences are designed to ensure the broadest possible presence on the Internet. This is a legitimate interest within the meaning of Art. 6 para. 1 lit. f GDPR. The analysis processes initiated by the social networks may be based on different legal bases, which must be specified by the operators of the social networks (e.g. consent within the meaning of Art. 6 para. 1 lit. a GDPR).
8.3 Responsible party and assertion of rights
If you visit one of our social media sites (e.g. Facebook), we are jointly responsible with the operator of the social media platform for the data processing operations triggered during this visit. You can exercise your rights (access, rectification, erasure, restriction of processing, data portability and complaint) in principle both vis-à-vis us and against us. us as well as vis-à-vis the operator of the respective social media portal (e.g. Facebook).
Please note that despite the joint responsibility with the social media portal operators, we do not have full influence on the data processing operations of the social media portals. Our options depend largely on the company policy of the respective provider.
8.4 Storage period
The data collected directly by us via the social media presence will be deleted from our systems as soon as you request us to delete it, revoke your consent to store it, or the purpose for storing the data no longer applies. Stored cookies remain on your terminal device until you delete them. Mandatory legal provisions – esp. retention periods – remain unaffected.
We have no influence on the storage period of your data, which is stored by the operators of the social networks for their own purposes. For details, please contact the operators of the social networks directly (e.g. in their data protection information, see below).
8.5 Social networks in detail
8.5.1 Facebook
We have a profile on Facebook. The provider of this service is Meta Platforms Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland (hereinafter Meta). According to Meta, the data collected is also transferred to the USA and other third countries.
You can adjust your advertising settings independently in your user account. Click on the following link and log in: https://www.facebook.com/settings?tab=ads
Data transfer to the USA is based on the standard contractual clauses of the EU Commission. Details can be found here: https://www.facebook.com/legal/EU_data_transfer_addendum and https://de-de.facebook.com/help/566994660333381
Details can be found in Facebook’s data protection information: https://www.facebook.com/about/privacy/
The company is certified in accordance with the “EU-US Data Privacy Framework” (DPF). The DPF is an agreement between the European Union and the USA, which is intended to ensure compliance with European data protection standards for data processing in the USA. Every company certified under the DPF undertakes to comply with these data protection standards. Further information on this can be obtained from the provider at the following link: https://www.dataprivacyframework.gov/s/participant-search/participant-detail?contact=true&id=a2zt0000000GnywAAC&status=Active
8.5.2 Instagram
We have a profile on Instagram. The provider of this service is Meta Platforms Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.
Data transfer to the USA is based on the standard contractual clauses of the EU Commission. Details can be found here: https://www.facebook.com/legal/EU_data_transfer_addendum, https://privacycenter.instagram.com/policy/ and https://de-de.facebook.com/help/566994660333381
Details on how they handle your personal data can be found in Instagram’s privacy policy: https://privacycenter.instagram.com/policy/
The company is certified in accordance with the “EU-US Data Privacy Framework” (DPF). The DPF is an agreement between the European Union and the USA, which is intended to ensure compliance with European data protection standards for data processing in the USA. Every company certified under the DPF undertakes to comply with these data protection standards. Further information on this can be obtained from the provider at the following link: https://www.dataprivacyframework.gov/s/participant-search/participant-detail?contact=true&id=a2zt0000000GnywAAC&status=Active
8.5.3 XING
We have a profile on XING. The provider is New Work SE, Dammtorstraße 30, 20354 Hamburg, Germany. Details on how they handle your personal data can be found in XING’s data protection information: https://privacy.xing.com/de/datenschutzerklaerung
8.5.4 LinkedIn
We have a profile on LinkedIn. The provider is LinkedIn Ireland Unlimited Company, Wilton Plaza, Wilton Place, Dublin 2, Ireland. LinkedIn uses advertising cookies.
If you wish to deactivate LinkedIn advertising cookies, please use the following link: https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out
Data transfer to the USA is based on the standard contractual clauses of the EU Commission. Details can be found here: https://www.linkedin.com/legal/l/dpa and https://www.linkedin.com/legal/l/eu-sccs
Details on how they handle your personal data can be found in LinkedIn’s data protection information: https://www.linkedin.com/legal/privacy-policy
Status of the data protection information 04.06.2024