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Data privacy policy

Thank you for your interest in our company. Data protection is an extremely high priority for the management at Von Guttenberg GmbH. As a basic principle, use of the website of Von Guttenberg GmbH is possible without disclosure of any personal details. However, processing personal data may be necessary if a user (also known in this context as a ‘data subject’) wishes to access specific services from our company on our website. In cases where processing of personal data is necessary but no lawful basis applies to processing, we always obtain the consent of the data subject.

All processing of personal data, e.g. the name, address, email address or telephone number of a data subject, is performed in compliance with the General Data Protection Regulation and with the specific national regulations which apply to Von Guttenberg GmbH. By publishing this Data Privacy Policy, our company informs the public about the type, scope and purpose of the personal data we collect, use and process. The Policy further informs data subjects about their rights.

As the data controller, Von Guttenberg GmbH has implemented an array of technical and organizational measures to ensure that personal data processed via this website is protected as seamlessly as possible. Despite these efforts, Internet-based data transfer can always involve security risks and can never guarantee absolute protection. Given this, data subjects are free to decide to transfer their personal data to us using other methods such as by telephone.

 

1. Terms and definitions

The Data Privacy Policy of Von Guttenberg GmbH is based on the terms and definitions used by the European regulators in adopting the General Data Protection Regulations (GDPR). We want our Data Privacy Policy to be easy to read and clearly understandable by the general public and by our customers and business partners. To ensure this is the case, we begin by providing explanations and definitions of the terms used.

This Data Privacy Policy uses terms including the following:

a) Personal data
Personal data comprises all information referring to an identified or identifiable natural person (hereinafter ‘data subject’). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

b) Data subject
A data subject is any identified or identifiable natural person whose personal data are processed by the individual responsible for processing.

c) Processing
Processing means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

d) Restriction of processing
Restriction of processing denotes the marking of stored personal data with the objective of restricting its processing in the future.

e) Profiling
Profiling denotes any form of automated processing of personal data which comprises use of the data in order to evaluate specific personal aspects referring to a natural person, particularly with the aim of analysing or predicting aspects concerning the work performance, financial position, health, personal preferences, interests, reliability, behaviour, place of residence or change of location of said natural person.

f) Pseudonymization
Pseudonymization is the processing of personal data in a way that prevents the data from being assigned to a specific data subject without additional information, where this additional information is stored separately and is subject to appropriate technical and organizational measures to ensure the personal data cannot be assigned to an identified or identifiable natural person.

g) Controller
The controller is the natural or legal person, public authority, agency or any other body which, alone or jointly with others, determines the purposes and means of the processing of personal data. Where the purposes and means of the processing are determined by European Union or Member State law, the controller or the specific criteria for the controller’s nomination may be designated by Member State or European Union law.

h) Processor
A processor is a natural or legal person, public authority, agency or other body which processes personal data on the order of the controller.

i) Recipient
A recipient is a natural or legal person, public authority, agency or other body to which personal data is disclosed, irrespective of whether it is a third party. Public authorities which may receive personal data within the framework of a particular inquiry in accordance with European Union or Member State law are not regarded as recipients.

j) Third party
A third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who are authorized to process personal data under the direct authority of the controller or processor.

k) Consent
Consent of the data subject means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

 

2. Name and address of the controller

The controller within the meaning of the GDPR, other European Union or Member State data protection laws, and other data protection regulations, is:

Von Guttenberg GmbH
Uhlandstrasse 13 – 15
85609 Aschheim near Munich
Germany
Email: info@vonguttenberg.de
Telephone +49 89 909983-0
Fax +49 89 909983-20
Website:  www.vonguttenberg.de and subdomains

You can contact our Data Protection Officer at
datenschutzbeauftragter@vonguttenberg.de.

 

3. Cookies

The web pages of Von Guttenberg GmbH use cookies. Cookies are small text files which are sent to a computer browser by a website and saved on the computer.

Cookies are widely used by websites and servers. Most cookies contain a unique identifier known as a cookie ID. A cookie ID is a string of characters that websites and servers associate with the browser on which the cookie is stored. This enables the websites and servers visited by the data subject to distinguish the data subject’s browser from other browsers that store different cookies, and to recognize each browser by its unique cookie ID.

By using cookies, Von Guttenberg GmbH can provide website users with user-friendly services that would not be possible without them.

Cookies can be used to optimize the information and offers on our website to reflect users’ needs. As mentioned, cookies enable us to recognize users of our website. The purpose of this recognition is to make our website easier to use. For example, users who sign into a website need not enter their sign-up details every time they visit the site because the website ‘remembers’ them from the cookie saved on their computer.

Data subjects can change the settings of their web browser at any time to block cookies permanently and thus prevent our website from saving cookies on their computer. In addition, cookies that are already saved can be erased at any time by a web browser or other software programs. All standard browsers offer this function. If data subjects deactivate cookies in their web browser, they may be unable to use some functions on our website to their full extent.

 

4. Collection of general data and information

The website of Von Guttenberg GmbH collects various general data and information every time a data subject or automated system accesses our website. These general data and information are stored in the server’s log files. The data collected may include (1) the types and versions of browsers used, (2) the operating system used by the computer accessing the website, (3) the web page referring the accessing system to our website, (4) the sub-websites of our website accessed by an accessing system, (5) the date and time of accessing our website, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system and (8) other similar data and information serving to avert danger in the event of attacks on our information technology systems.

Von Guttenberg GmbH never uses the general data and information thus collected to draw conclusions about the identity of the data subject. Instead, the information is required to (1) display our website content correctly, (2) optimize our website content and website advertising, (3) guarantee permanent functionality of our information technology systems and website technology and (4) provide prosecuting authorities with information necessary for prosecution in the event of a cyberattack. These anonymized data and information are evaluated by Von Guttenberg GmbH to generate statistics and improve data protection and data security in our company, and thus ultimately to ensure an optimum level of protection for the personal data we process. Server log file data are stored separately from all personal data provided by a data subject.

 

5. Website registration

Data subjects can register on the webpage operated by our controller by entering personal data. The form of personal data transferred to the controller depends on the type of data entry form used for registration. The personal data entered by the data subject are collected and saved by the controller exclusively for internal use and for its own purposes. The controller may order the data to be transferred to one or more processors, e.g. IT service provider, which likewise uses the personal data exclusively for internal use attributable to the controller.

During registration on the controller’s website, the IP address of the internet service provider (ISP) of the data subject as well as the date and time of registration. These data are saved with the purpose of preventing misuse of our services and of enabling offences to be investigated if necessary. Storage of the data is therefore necessary as a safeguard for the controller. These data are not transferred to third parties except in the case of a statutory obligation to do so or where transfer of the data is of assistance in prosecution.

Registration of the data subject, involving voluntary entry of personal details, is used by the controller to provide the data subject with content or services of a nature which can only be provided to registered users. Registered persons have the possibility of requesting alteration of the personal data they entered during registration or complete erasure of the data from the controller’s database.

On request, the controller will provide all data subjects at any time with details of their specific personal data which are stored by the company. The controller will further correct or erase personal data at the request of the data subject unless statutory obligations of retention prevent such erasure. Data subjects can contact our Data Protection Officer with requests in this context.

 

6. Website contact options

In compliance with statutory obligations, the website of Von Guttenberg GmbH displays information enabling users to contact our company rapidly by electronic means and communicate with us directly, including a general email address. If a data subject contacts the controller by email or by using a contact form, the personal data transferred by the data subject are automatically saved. Such personal data submitted voluntarily to the controller by a data subject are saved for the purpose of processing or for contacting the data subject. They are not transferred to third parties.

 

7. Rights of data subjects

a) Right of confirmation
As granted by the European regulator, data subjects have the right to obtain confirmation from the controller as to whether or not their personal data are being processed. Data subjects wishing to exercise this right can contact our Data Protection Officer at any time.

b) Right to information
Where personal data relating to a data subject are processed, data subjects have the right as granted by the European regulator to receive information from the controller at any time concerning the storage of their personal data, and to receive a copy of this information. This information is provided free of charge. As granted by the European regulator, data subjects further have the right to receive the following information:

  • Information about the purposes of processing
  • Information about categories of personal data undergoing processing
  • Information about recipients or categories of recipients to which the personal data has been or will be disclosed, particularly where these recipients involve third countries or international organizations
  • Where possible, information on the planned duration of storage of the personal data or, if this is not possible, the criteria used to define such duration
    Information on the existence of the right to request from the controller rectification or erasure of the personal data or restriction of their processing, and the right to object to processing
  • Information on the existence of the right to lodge a complaint with a supervisory authority
  • If personal data for the data subject are not collected: All available information concerning the origin of the data
  • Information on the existence of automated decision-making, including profiling, as described in Article 22 81) and (4) GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject

Data subjects further have the right to information about whether personal data have been transferred to a third country or international organization. In this case, the data subject otherwise has the right to receive information concerning appropriate safeguards in connection with the transfer of data.

Data subjects wishing to exercise this right can contact our Data Protection Officer at any time.

c) Right to rectification
As granted by the European regulator, data subjects whose personal data has been processed have the right to require immediate rectification of incorrect personal data concerning them. Taking into account the purposes of processing, the data subject further has the right to require incomplete personal data to be completed, including by means of providing a supplementary statement.

Data subjects wishing to exercise this right can contact our Data Protection Officer at any time.

d) Right to erasure (‘right to be forgotten’)
As granted by the European regulator, data subjects whose personal data has been processed have the right to require the controller to erase their personal data without undue delay where one of the following grounds applies and where processing is not essential:

  • The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
  • The data subject withdraws consent on which the processing is based pursuant to point (a) of Article 6 (1) or point (a) of Article 9 (2) GDPR, and where there is no other legal ground for the processing.
  • The data subject objects to the processing pursuant to Article 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) GDPR.
  • The personal data have been unlawfully processed.
  • The personal data must be erased for compliance with a legal obligation in European Union or Member State law to which the controller is subject.
  • The personal data have been collected in relation to the offer of information society services referred to in Article 8 (1) GDPR.

Where one of the above grounds applies and a data subject wishes the erasure of personal data stored by Von Guttenberg GmbH, the data subject may contact our Data Protection Officer at any time. The Data Protection Officer of Von Guttenberg GmbH will comply with the request for erasure without undue delay.

Where Von Guttenberg GmbH has made the personal data public and is obliged under Article 17 (1) GDPR, to erase the personal data in its capacity as controller, Von Guttenberg GmbH, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers which are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copies or replications of, those personal data in cases where processing is not essential. The Data Protection Officer of Von Guttenberg GmbH will take the necessary steps to do so in individual cases.

e) Right to restriction of processing
As granted by the European regulator, data subjects whose personal data has been processed have the right to request the controller to restrict processing of their data if one of the following preconditions applies:

  • The accuracy of the personal data is contested by the data subject for a period enabling the controller to verify the accuracy of the personal data.
  • The processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead.
  • The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
  • The data subject has objected to processing pursuant to Article 21 (1) GDPR pending verification of whether the legitimate grounds of the controller override those of the data subject.

Where one of the above grounds applies and a data subject wishes the restriction of processing of personal data stored by Von Guttenberg GmbH, the data subject may contact our Data Protection Officer at any time. The Data Protection Officer will take steps to ensure restriction of processing.

f) Right to data portability
As granted by the European regulator, data subjects whose personal data has been processed have the right to receive their personal data which they have provided to a controller, in a structured, commonly used and machine-readable format. The data subjects further have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where the processing is based on consent pursuant to point (a) of Article 6 (1) or point (a) of Article 9 (2) GDPR or on a contract pursuant to point (b) of Article 6 (1) GDPR, and where the processing is carried out by automated means. This right shall not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

In exercising the right to data portability pursuant to Article 20 (1) GDPR, the data subject shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible and where this process does not adversely affect the rights and freedoms of others.

Data subjects wishing to exercise the right to data portability may contact our Data Protection Officer at any time.

g) Right to object
As granted by the European regulator, data subjects whose personal data has been processed have the right to object at any time, on grounds relating to their particular situation, to processing of their personal data which is based on points (e) or (f) of Article 6 (1) GDPR. This also applies to profiling based on those provisions.

If a data subject submits an objection, Von Guttenberg GmbH will cease to process the data subject’s personal data unless able to provide evidence of compelling and legitimate reasons for processing which override the data subject’s interests, rights and freedoms or which show that processing is necessary for the establishment, exercise or defence of legal claims.

If Von Guttenberg GmbH processes personal data for direct marketing purposes, data subjects shall have the right to object at any time to processing of their personal data for such marketing. This includes profiling to the extent that it is related to such direct marketing. Where the data subject objects to processing by Von Guttenberg GmbH for direct marketing purposes, Von Guttenberg GmbH shall cease to process the personal data for such purposes.

Data subjects further have the right to object, on grounds relating to their particular situation, to processing of their personal data by Von Guttenberg GmbH for scientific or historical research purposes or statistical purposes pursuant to Article 89 (1) GDPR unless the processing is necessary for the performance of a task carried out for reasons of public interest.

Data subjects may exercise their right to objection by contacting our Data Protection Officer directly. In the context of the use of information society services and notwithstanding Directive 2002/58/EC, data subjects may exercise their right to object by automated means using technical specifications.

h) Automated individual decision-making, including profiling
As granted by the European regulator, data subjects whose personal data has been processed have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning them or similarly significantly affects them. This provision does not apply where the decision (1) is necessary for entering into, or performance of, a contract between the data subject and the controller, or (2) is authorized by European Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is based on the data subject’s explicit consent.

If the decision is necessary for entering into, or performance of, a contract between the data subject and the controller (1 above) or is based on the data subject’s explicit consent (3 above), the data controller shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, and at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision.

Data subjects wishing to exercise their rights with respect to automated decision-making may contact our Data Protection Officer in this respect at any time.

i) As granted by the European regulator, data subjects whose personal data has been processed have the right to withdraw consent to processing of their personal data at any time.

Data subjects wishing to exercise their right to withdraw consent may contact our Data Protection Officer in this respect at any time.

 

8. Data privacy in applications and the application process

The controller collects and processes personal data of job applicants for processing as part of the job application process. Processing may also take place using electronic methods, particularly if applicants submit their application documents to the controller electronically, e.g. by email or using a web form provided on the website. If the controller concludes an employment contract with an applicant, the data transferred for the purpose of processing the employment relationship will be stored in compliance with statutory regulations. If the controller does not conclude an employment contract with an applicant, the applicant’s application documents will automatically be deleted two months after announcing the rejection unless deletion would conflict with other legitimate interests of the controller. Other legitimate interests within this context include the controller being subject to burden of proof in proceedings under the German Equal Treatment Act (AGG).

 

9. Lawful basis of data processing

Article 6 (1) a GDPR provides the lawful basis for data processing for which we obtain the consent of data subjects for specific processing purposes. Article 6 (1) point b GDPR provides the lawful basis of processing where processing of personal data is necessary for fulfilment of a contract to which the data subject is a party, such as data processing which is essential for delivery of goods or performance of other services or return services. The same applies to processing which is essential for completion of pre-contractual measures, such as enquiries concerning our products or services. Article 6 (1) point c GDPR provides the lawful basis of processing where our company is subject to a legal obligation requiring processing of personal data, e.g. fulfilment of tax-related obligations. In rare cases, processing of personal data may be necessary to protect the vital interests of the data subject or other natural person. An example would be if a visitor to our premises was injured and a doctor, hospital or other third party required the visitor’s name, age, health insurance details or other vital information. In this case, Article 6 (1) point d GDPR would constitute the lawful basis of processing.

Finally, data processing may have Article 6 (1) point f GDPR as its lawful basis. This provision is the lawful basis for processing to which none of the other above-listed provisions apply and where processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject. Data processing of this type was specified as permissible by the European regulators, which took the view that legitimate interests could be expected if the data subject is a customer of the controller (recital 47 (2) GDPR).

 

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

Where processing of personal data is based on Article 6 (1) f GDPR, our legitimate interest constitutes pursuit of our business activities with particular attention to the wellbeing of our employees and the owners of our company.

 

11. Duration of storage of the personal data

The duration of storage of personal data is determined by the applicable statutory period of retention. After expiry of this period the data are routinely deleted unless required for contractual fulfilment or contractual initiation.

 

12. Statutory or contractual regulations concerning provision of the personal data; requirement for contract conclusion; obligation of the data subject to provide personal data; potential consequences of non-provision of data

Please note that provision of personal data is a statutory requirement in some cases (e.g. tax regulations) or may arise as a result of contractual provisions (e.g. requirement to provide information about contractual partner). Provision of personal data to us by a data subject followed by our processing of same may be a requirement necessary to enter into a contract. For example, a data subject may be obliged to provide us with personal data if our company concludes a contract with the data subject. Failure to provide personal data would result in inability to conclude the contract.

 

13. Use of automated decision-making

As a responsible company, we do not use automated decision-making or profiling.

This Data Privacy Policy was created using the data privacy policy generator of DGD Deutsche Gesellschaft für Datenschutz GmbH (German Association for Data Protection), which acts as external data protection officer for Dresden, in cooperation with used computer remarketer RC GmbH, and law firm WILDE BEUGER SOLMECKE | Rechtsanwälte.