1. An overview of data protection
The following information will provide you with an easy to navigate overview of what will happen with your personal data when you visit our website. The term “personal data” comprises all data that can be used to personally identify you. For detailed information about the subject matter of data protection, please consult our Data Protection Declaration, which we have included beneath this copy.
Data recording on our website
Who is the responsible party for the recording of data on this website (i.e. the “controller”)?
The data on this website is processed by the operator of the website, whose contact information is available under section “Information Required by Law” on this website.
How do we record your data?
We collect your data as a result of your sharing of your data with us. This may, for instance be information you enter into our contact form.
Our IT systems automatically record other data when you visit our website. This data comprises primarily technical information (e.g. web browser, operating system or time the site was accessed). This information is recorded automatically when you access our website.
What are the purposes we use your data for?
A portion of the information is generated to guarantee the error free provision of the website. Other data may be used to analyse your user patterns.
What rights do you have as far as your information is concerned?
You have the right to receive information about the source, recipients and purposes of your archived personal data at any time without having to pay a fee for such disclosures. You also have the right to demand that your data are rectified, blocked or eradicated. Please do not hesitate to contact us at any time under the address disclosed in section “Information Required by Law” on this website if you have questions about this or any other data protection related issues. You also have the right to log a complaint with the competent supervising agency.
Moreover, under certain circumstances, you have the right to demand the restriction of the processing of your personal data. For details, please consult the Data Protection Declaration under section “Right to Restriction of Data Processing.”
Analysis tools and tools provided by third parties
There is a possibility that your browsing patterns will be statistically analysed when your visit our website. Such analyses are performed primarily with cookies and with what we refer to as analysis programmes. As a rule, the analyses of your browsing patterns are conducted anonymously; i.e. the browsing patterns cannot be traced back to you. You have the option to object to such analyses or you can prevent their performance by not using certain tools. For detailed information about this, please consult our Data Protection Declaration below.
You do have the option to object to such analyses. We will brief you on the objection options in this Data Protection Declaration.
2. General information and mandatory information
The operators of this website and its pages take the protection of your personal data very seriously. Hence, we handle your personal data as confidential information and in compliance with the statutory data protection regulations and this Data Protection Declaration.
Whenever you use this website, a variety of personal information will be collected. Personal data comprises data that can be used to personally identify you. This Data Protection Declaration explains which data we collect as well as the purposes we use this data for. It also explains how, and for which purpose the information is collected.
We herewith advise you that the transmission of data via the Internet (i.e. through e-mail communications) may be prone to security gaps. It is not possible to completely protect data against third party access.
Information about the responsible party (referred to as the “controller” in the GDPR)
The data processing controller on this website is:
Tom M. Bouman, Markus Xyländer
Schwabacher Straße 510
Telephone: 09 11 - 97 13 0
The controller is the natural person or legal entity that single-handedly or jointly with others makes decisions as to the purposes of and resources for the processing of personal data (e.g. names, e-mail addresses, etc.).
Revocation of your consent to the processing of data
A wide range of data processing transactions are possible only subject to your express consent. You can also revoke at any time any consent you have already given us. To do so, all you are required to do is sent us an informal notification via e-mail. This shall be without prejudice to the lawfulness of any data collection that occurred prior to your revocation.
Right to object to the collection of data in special cases; right to object to direct advertising (Art. 21 GDPR)
In the event that data are processed on the basis of Art. 6 Sect. 1 lit. e or f GDPR, you have the right to at any time object to the processing of your personal data based on grounds arising from your unique situation. This also applies to any profiling based on these provisions. To determine the legal basis, on which any processing of data is based, please consult this Data Protection Declaration. If you log an objection, we will no longer process your affected personal data, unless we are in a position to present compelling protection worthy grounds for the processing of your data, that outweigh your interests, rights and freedoms or if the purpose of the processing is the claiming, exercising or defence of legal entitlements (objection pursuant to Art. 21 Sect. 1 GDPR).
If your personal data is being processed in order to engage in direct advertising, you have the right to at any time object to the processing of your affected personal data for the purposes of such advertising. This also applies to profiling to the extent that it is affiliated with such direct advertising. If you object, your personal data will subsequently no longer be used for direct advertising purposes (objection pursuant to Art. 21 Sect. 2 GDPR).
Right to log a complaint with the competent supervisory agency
In the event of violations of the GDPR, data subjects are entitled to log a complaint with a supervisory agency, in particular in the member state where they usually maintain their domicile, place of work or at the place where the alleged violation occurred. The right to log a complaint is in effect regardless of any other administrative or court proceedings available as legal recourses.
Right to data portability
You have the right to demand that we hand over any data we automatically process on the basis of your consent or in order to fulfil a contract be handed over to you or a third party in a commonly used, machine readable format. If you should demand the direct transfer of the data to another controller, this will be done only if it is technically feasible.
SSL and/or TLS encryption
For security reasons and to protect the transmission of confidential content, such as purchase orders or inquiries you submit to us as the website operator, this website uses either an SSL or a TLS encryption programme. You can recognise an encrypted connection by checking whether the address line of the browser switches from “http://” to “https://” and also by the appearance of the lock icon in the browser line.
If the SSL or TLS encryption is activated, data you transmit to us cannot be read by third parties.
Information about, blockage, rectification and eradication of data
Within the scope of the applicable statutory provisions, you have the right to at any time demand information about your archived personal data, their source and recipients as well as the purpose of the processing of your data. You may also have a right to have your data rectified, blocked or eradicated. If you have questions about this subject matter or any other questions about personal data, please do not hesitate to contact us at any time at the address provided in section “Information Required by Law.”
Right to demand processing restrictions
You have the right to demand the imposition of restrictions as far as the processing of your personal data is concerned. To do so, you may contact us at any time at the address provided in section “Information Required by Law.” The right to demand restriction of processing applies in the following cases:
In the event that you should dispute the correctness of your data archived by us, we will usually need some time to verify this claim. During the time that this investigation is ongoing, you have the right to demand that we restrict the processing of your personal data.
If the processing of your personal data was/is conducted in an unlawful manner, you have the option to demand the restriction of the processing of your data in lieu of demanding the eradication of this data.
If we do not need your personal data any longer and you need it to exercise, defend or claim legal entitlements, you have the right to demand the restriction of the processing of your personal data instead of its eradication.
If you have raised an objection pursuant to Art. 21 Sect. 1 GDPR, your rights and our rights will have to be weighed against each other. As long as it has not been determined whose interests prevail, you have the right to demand a restriction of the processing of your personal data.
If you have restricted the processing of your personal data, these data – with the exception of their archiving – may be processed only subject to your consent or to claim, exercise or defend legal entitlements or to protect the rights of other natural persons or legal entities or for important public interest reasons cited by the European Union or a member state of the EU.
3. Data protection officer
Designation of a data protection officer as mandated by law
We have appointed a data protection officer for our company.
Datenschutz Pöllinger GmbH
Dresdner Str.38, 92318 Neumarkt i.d.Opf.
4. Recording of data on our website
In some instances, our website and its pages use so-called cookies. Cookies do not cause any damage to your computer and do not contain viruses. The purpose of cookies is to make our website more user friendly, effective and more secure. Cookies are small text files that are placed on your computer and stored by your browser.
Most of the cookies we use are so-called “session cookies.” They are automatically deleted after your leave our site. Other cookies will remain archived on your device until you delete them. These cookies enable us to recognise your browser the next time you visit our website.
You can adjust the settings of your browser to make sure that you are notified every time cookies are placed and to enable you to accept cookies only in specific cases or to exclude the acceptance of cookies for specific situations or in general and to activate the automatic deletion of cookies when you close your browser. If you deactivate cookies, the functions of this website may be limited.
Cookies that are required for the performance of the electronic communications transaction or to provide certain functions you want to use (e.g. the shopping cart function), are stored on the basis of Art. 6 Sect. 1 lit. f GDPR. The website operator has a legitimate interest in storing cookies to ensure the technically error free and optimised provision of the operator’s services. If other cookies (e.g. cookies for the analysis of your browsing patterns) should be stored, they are addressed separately in this Data Protection Declaration.
Server log files
The provider of this website and its pages automatically collects and stores information in so-called server log files, which your browser communicates to us automatically. The information comprises:
The type and version of browser used
The used operating system
The hostname of the accessing computer
The time of the server inquiry
The IP address
This data is not merged with other data sources.
This data is recorded on the basis of Art. 6 Sect. 1 lit. f GDPR. The operator of the website has a legitimate interest in the technically error free depiction and the optimization of the operator’s website. In order to achieve this, server log files must be recorded.
5. Plug-ins and Tools
YouTube with expanded data protection integration
Our website uses plug-ins of the YouTube platform, which is being operated by YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, USA.
We use YouTube in the expanded data protection mode. According to YouTube, this mode ensures that YouTube does not store any information about visitors to this website before they watch the video. Nevertheless, this does not necessarily mean that the sharing of data with YouTube partners can be ruled out as a result of the expanded data protection mode. For instance, regardless of whether you are watching a video, YouTube will always establish a connection with the Google DoubleClick network.
As soon as you start to play a YouTube video on our website, a connection to YouTube’s servers will be established. As a result, the YouTube server will be notified, which of our pages you have visited. If you are logged into your YouTube account while you visit our site, you enable YouTube to directly allocate your browsing patterns to your personal profile. You have the option to prevent this by logging out of your YouTube account.
Furthermore, after you have started to play a video, YouTube will be able to place various cookies on your device. With the assistance of these cookies, YouTube will be able to obtain information about our website visitor. Among other things, this information will be used to generate video statistics with the aim of improving the user friendliness of the site and to prevent attempts to commit fraud. These cookies will stay on your device until you delete them.
Under certain circumstances, additional data processing transactions may be triggered after you have started to play a YouTube video, which are beyond our control.
The use of YouTube is based on our interest in presenting our online content in an appealing manner. Pursuant to Art. 6 Sect. 1 lit. f GDPR, this is a legitimate interest.
Information obligations in terms of Art. 13 and Art. 14 of the GDPR
Name and contact details of the Controller
Schwabacher Straße 510
Registry court: District Court of Fürth
Registration number: HRB 16288
Value added tax identification number in acc. with Sec. 27 a Umsatzsteuergesetz [German Value Added Tax Act]: DE 312 148 249
Name and contact details of the data protection officer:
Ms Gisela Pöllinger
Datenschutz Pöllinger GmbH
Dresdner Str. 38
Framework of processing
Purpose and legal bases of processing (Art. 6(1) points a, b and f of the GDPR)
Customer data: Personal data will only be collected, processed or used to fulfil the business purposes of preparing offers, order confirmations and invoices; supplying goods and services; maintaining business contacts and informing customers.
Supplier data: Personal data will only be collected, processed or used to fulfil the business purpose of preparing offers, order confirmations and invoices; ordering goods and services; maintaining business contacts and being informed by suppliers.
Personnel data: Personal data from our employees will only be collected, processed or used to execute and process the relevant employment contract.
Applicant data: Personal from applicants will only be collected, processed or used to prepare employment contracts.
Categories of personal data processed:
Significant data categories includes:
• contact data from company contact partners (given and family name);
• communication data ([mobile] phone number, email address, fax number);
• customer reference and order/supply data for brokerage purposes;
• order and contract data (...);
• invoicing and payment data (bank details, SEPA mandate etc.).
Data origin (source)
Stored data was collected in the context of our contractual relationship and single orders and/or it was created for business relationships or brokerage purposes. Data will only be stored to fulfil and process orders placed with us and to fulfil documentation and archiving duties under commercial and tax law. Collection is based on ERP system entries and email/document signatures and processing takes place on the basis of Article 6(1) point f of the GDPR.
Personal data recipients (categories)
Public authorities who receive data based on legal provisions (such as social insurance agencies, tax authorities).
Internal departments who are involved in performing the relevant business processes (HR, Accounting, Accounting Management, Production, Documentation, Sales, Procurement, Technology and IT).
External bodies (contract partners) who are required for contract fulfilment. External contractors (service providers) in terms of Art. 28 of the GDPR for contract processing on our behalf.
Other external bodies, such as credit institutes (salary payments, supplier invoices), group companies or other external bodies to fulfil the above purposes if data subjects agreed to this in writing, if this is required for contract fulfilment or if transfer is admissible for prevailing legitimate interests.
Transfer to third countries
Personal data will not be transferred to places outside the European Union.
Duration of storage/erasure
10 yearsAnnual accounts, opening balance sheets, commercial and business books, records, work instructions, organisational documents, invoices and booking receipts (HGB [German Commercial Code], AO [German Tax Code], EStG [German Income Tax Act], KStG [German Corporate Income Tax Act], GewStG [German Trade Tax Act], UStG [German Value-Added Tax Act], AktG [German Joint Stock Corporation Act], GmbHG [German Act on Limited Liability Companies], GenG [German Societies Act);
6 years Trade and business communication and other documents (HGB, BGB [German Civil Code]);
4 years Reviews in terms of sec. 35 para. 2 no. 4 of the German Federal Data Protection Act (BDSG);
3 months Unsolicited applications (email), digital applications in general
6 months Applications due to job advertisements to consider AGG [German Equal Treatment Act] provisions.
Data will be erased in terms of art. 17 of the GDPR if:
storage is no longer required;
data subjects revoked their consent to data processing;
data has been unlawfully processed; or
national or EU law requires for erasure.
Restriction of processing in terms of Art. 18
If erasure in cases of automated data processing is impossible or requires unreasonable efforts due to the special way of storage and if the data subjects’ interest in erasure must be deemed low, data subjects have no claim for and the processor no duty to erase personal data in terms of Art. 17(1) of the GDPR as a supplement to the exceptions in terms of Art. 17(3) of the GDPR. In this case, erasure is replaced by a restriction of processing in terms of Art. 18 of the GDPR. Sent. 1 and 2 do not apply if personal data have been unlawfully processed;
Data subject rights
Access to the data stored concerning you (Art. 15 of the GDPR). In particular, you may demand information regarding the purposes of processing, the category of personal data, the categories of recipients towards whom your personal data were or are disclosed, intended storage period, existence of a right to rectification, erasure, restriction of processing or objection, the existence of the right to lodge a complaint, the origin of your data if they were not collected by us, as well as the existence of an automated decision-making process including profiling and, where applicable, conclusive information regarding their particulars.
Correction – if incorrect personal data is processed (Art. 16 of the GDPR)
Erasure, restriction and objection to processing
(Art. 17, 18 and 21 of the GDPR).
Right to data portability (Art. 20 of the GDPR), to receive the personal data which you have provided to us in a structured, commonplace and machine-readable format, or to request its transfer to another data controller.
Withdrawal of the consent (Art. 7(3) of the GDPR). This will have the consequence that we will no longer be allowed to continue any data processing that was based on this consent in the future
Right to lodge a complaint with the competent supervisory authority (Art. 77 of the GDPR)
Right to Object
Insofar as your personal data are processed pursuant to Art. 6 (1) sentence 1 point (f) GDPR on the basis of legitimate interests, you have the right, pursuant to Art. 21 GDPR, to submit an objection to the processing of your personal data insofar as appropriate reasons exist which arise from your particular situation or if the objection is aimed at direct advertisement. In the latter case, you have a general right to object, which we will implement without indication of any particular situation.
Right to withdraw the consent
In terms of Art. 6(1) point a or Art. 9(2) point a, data subjects may revoke single or all of their consents to data processing at any time and without any impact on them with this affecting validity of processing based on a consent until its revocation.
Please send written withdrawals of consents and objections to:
Lucas Fischer and Klaus Bauer Datenschutz@barthelmess.com
Automated decision-making and profiling
We use no automated decision-making processes in terms of Art. 22 of the GDPR or other profiling means in terms of Art. 4 of the GDPR.
Up-to-dateness and changes of these information obligations in terms of Art. 13 and Art. 14 of the GDPR
This privacy information is currently valid and dates from May 2018.
Changes to legal and/or authority provisions may require modifications of this privacy information.