DATA PROTECTION INFORMATION FOR THE USE OF THIS WEBSITE
The protection of personal data is of the highest priority at Feinmess Suhl GmbH ("Feinmess", "we", "us"). Alongside compliance with the statutory provisions relating to data protection which goes without saying, by means of this notice we wish to undertake to handle your data in a responsible manner.
With this data protection notice, we wish to inform you on what basis and for what purposes we process personal data which we gather from you via this website or which you provide to us.
1 Who is responsible for the data processing and who can I contact?
The controller as defined in the General Data Protection Regulation (GDPR) is:
You can contact our company's data protection officer via the address above and can also send an email to email@example.com.
2 What is personal data?
Personal data is all information which relates to an identified or identifiable natural person. A natural person is considered identifiable if he or she can be identified directly or indirectly, in particular by means of assignment to an identifier such as a name, customer number, location data, an online profile or in relation to special characteristics.
This includes information which you disclose to us during the registration process and when using your user account, such as your name, if applicable your telephone number and your address. Purely statistical data which we gather when you visit our website is not classified as personal data, as we cannot assign this to your person.
3 What data do we gather?
3.1 Data which you disclose to us
3.1.1 During general enquiries
In case of enquiries sent to us, we process your name, contact data (for example telephone number, email address and postal address) as well as all other information which you provide when filling in forms or other data fields on our website. This includes information which you disclose when:
· sending a query concerning a specific product;
· sending question or providing us with feedback.
3.1.2 When sending online application documents
Should applicants send their application documents to us electronically, for example by email or via a web form on our website, we process the personal data of the applicant in order to carry out the application process.
Within Feinmess, only those departments which require your data in order to process the application have access to it. Service providers engaged by us may receive data for this purpose, provided that these comply with data secrecy and undertake to comply with our written instructions in accordance with data protection laws.
3.2 General data which we gather during use of this website
When accessing our website, a great deal of general data is gathered and saved in logfiles. The browser types and versions used, the operating system used by the accessing computer, the Internet site from which an accessing system comes across our Internet site (so-called referrer), the resources which you access, the date and time of accessing the Internet site, an Internet protocol address (IP address), the Internet service provider of the accessing system and other comparable data and information which enable us to defend against dangers in case of attacks against our website can be recorded.
When using this general data, we are not able to trace the data subject. Rather this data is required in order to correctly deliver the content of our Internet site, to optimise the presentation of the content of our website, to ensure the ongoing functionality of our website and to provide the necessary information to the criminal prosecution authorities in order to take legal action in case of a cyber attack.
Therefore, this data which is gathered in the form of a pseudonym is evaluated statistically on the one hand and on the other hand with the objective of increasing data protection and data security, in order to ultimately ensure a sufficient level of protection for the personal data processed by us. The data of the server logfiles in the form of a pseudonym is saved separately from all personal data provided by a data subject.
3.3 Data which we gather in order to analyse the use of the website and in order to improve the website by means of cookies or comparable analysis tools
Many cookies contain a so-called cookie ID, a clear identifier. This consists of a character sequence by means of which Internet sites and servers can be assigned to the concrete Internet browser in which the cookie was saved. This enables the websites visited to distinguish the individual browser of a data subject from other Internet browsers which contain different cookies. For this purpose, your anonymised IP address, information concerning the operating system used by you, the Internet browser and other device details, such as the resolution used will be gathered. The purpose of this recognition is to provide the users of this website with more user friendly services which would not be possible without the setting of cookies, for example your shopping basket is kept available by means of a cookie.
By means of a cookie, the information and services on our website can be optimised for the user, also in order to make the use of our website easier for the users.
The setting of cookies by our website can be prevented at any time by means of a relevant setting in the Internet browser used and consequently permanently objecting to the setting of cookies. In order to do this, please follow the instructions under the help menu in your Internet browser. In addition, cookies which have already been set can be deleted at any time via an Internet browser or other software programs. This is possible in all current Internet browsers.
Should the user de-activate the setting of cookies in Internet browser being used, it may be the case that not all of the functions of this Internet site will be able to be used to their full extent.
3.4 Use of Google Analytics
For the purpose of tailoring our sites to requirements and for the purpose of constant optimisation, we use Google Analytics on the basis of Article 6 Paragraph 1 Letter f) GDPR, a web analysis service of Google Inc ("Google"). During this process, use profiles in the form of a pseudonym are created and cookies are used. The information concerning your use of the website which is generated by the cookie, such as browser type / version, operating system used, referrer URL (previously visited site), host name of the accessing computer (IP address), time of the server access is transferred to a server of Google in the USA and saved there. The information is used in order to evaluate the use of the website, to compile reports concerning the website activities and to provide further services connected to the use of the website and the use of the Internet for market research purposes and in order to tailor these Internet sites to requirements. This information may also be transferred to third parties, should this be mandated by law or should third parties process this data on our behalf. Under no circumstances will your IP address be combined with other data by Google. The IP addresses are anonymised, so that an assignment is not possible (so-called IP masking). You can prevent the installation of the cookies by setting your browser software accordingly; however we wish to point out that in such a case, it may be that not all of the functions of this website can be used to their full extent. In addition, you can prevent the recording of the data generated by the cookie which relates to your use of the website (including your IP address) and the processing of this data by Google by downloading and installing this browser add on. As an alternative to the browser add on, in particular in case of browsers on mobile end devices, you can also prevent the recording by Google Analytics by clicking on this link. An opt out cookie will be set, which prevents the future recording of your data when visiting this website. The opt out cookie is only valid in this browser and for our website and will be deposited on your device. Should you delete the cookies in this browser, you need to reset the opt out cookie. Further information concerning data protection in connection with Google Analytics can be found on the website of GoogleAnalytics.
4 Where do we save your personal data?
When using this website, data is also transferred to countries outside of the European Economic Area (EEA) within the framework of the data processing referred to in Number 3.4, unless you have opted out of this. For this country, no reasonableness resolution of the EU Commission exists, except that the data protection provisions there are not comparable to the EU (so-called third countries).
The company named under Number 3.4 is certified under the EU-US-Privacy-Shield. Standard contractual clauses approved by the EU Commission are used which guarantee the data subject a reasonable level of data protection, in particular legally binding and enforceable rights.
The remainder of the data processing takes place exclusively in the EU using contractually bound service providers which act on our behalf.
5 Is personal data transferred to a third country or an international organisation?
Data is transferred to countries outside of the EEA, should:
· this be necessary in order to process your enquiries;
· a legal obligation to do so exist;
· you have issued us with your consent
· this take place in the course of order processing in accordance with Article 28 GDPR.
Should service providers be used in the third country, these are obliged to comply with the data protection level of the EU by means of written instructions and additionally by means of the agreement of the standard contractual clauses issued by the EU Commission.
6 How long do we save your data for?
Feinmess only processes and saves personal data of data subjects for as long as is necessary in order to fulfil the purpose or for as long as is required by law.
Should Feinmess conclude an employment contract with the applicant, the transferred data will be saved by Feinmess for the purpose of performing the employment relationship in compliance with the statutory regulations, otherwise the application documents will be deleted at the latest five months following the notification of the rejection decision, unless other legitimate interests of the body responsible for the processing prevent a deletion. As an example, another legitimate interest as referred to above could be a proof obligation in proceedings under the General Law relating to Equal Treatment (AGG).
Retention periods under commercial law and tax laws can also prevent a deletion. The retention and documentation periods prescribed under such laws are for up to ten years. Should the purpose of the saving cease to apply or should a saving period mandated by law expire, the personal data will be routinely restricted in accordance with the statutory regulations or will be deleted, unless this is required for the provision of proof in proceedings.
7 On what legal basis do we process your data?
We process the data referred to above in accordance with the provisions of the EU General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG):
7.1 In order to take a decision about whether to enter into an employment relationship (Article 6 Paragraph 1 Letter b) GDPR and § 26 BDSG)
We process the data which you have sent to us in connection with your application in order to assess your suitability for the post (or other open positions in our company) and to carry out the application process in accordance with § 26 BDSG.
7.2 Within the framework of the consideration of interests (Article 6 Paragraph 1 Letter f) GDPR)
Where necessary, we process your data in order to safeguard legitimate interests of ourselves or of third parties, unless you have objected to the use of your data for:
· statistical analysis of the use of our website, in order to tailor the website to customer interests and in order to ensure that the content of our website is displayed in the most optimal manner for you and your computer;
· the bringing of legal claims and defence in case of legal disputes;
· ensuring IT security, data protection controls and data security;
· the bringing of criminal prosecutions;
· the provision of information concerning our products, services, offers or technical developments (direct marketing) to you, should you request this as our customer or should we believe that such information could be of interest to you, provided that this is permitted by law;
· the processing of enquiries via the contact form;
· the passing on of your personal data within the corporate group for internal administrative purposes, including the processing of personal data of customers and employees, should this be legally permitted;
· the saving of part of your personal data, should you use our services or have stated a preference in relation to marketing communications or other correspondence, for example in order to be able to process follow up queries or to improve our service
7.3 On the basis of your consent (Article 6 Paragraph 1 a GDPR)
Should you have issued us with your consent to the processing of your personal data for specific purposes (for example the sending of our newsletter), the lawfulness of this processing is represented by your consent.
When sending the newsletter, we use the so-called double opt in procedure, ie we will not send you a newsletter until you have expressly confirmed to us that you wish to receive it. You will then receive a notification email from us with a request to confirm that you wish to receive our newsletter by clicking on the link contained in the email. You can cancel the subscription to the newsletter at any time. A notification to the contact address named in Number 1 by text form (for example email, fax, letter) suffices for this purpose. You can of course also use the de-registration link which is contained in each newsletter.
We also use your personal data with your consent for purposes connected to direct marketing or in order to obtain your opinion in relation to our products and services which can be used for marketing, research and analysis purposes, provided that you have agreed to be contacted for such purposes.
8 Are automated decision making or profiling used?
As a rule, we do not used fully automated decision making in accordance with Article 22 GDPR. Should we use this procedure in an individual case, we will inform you of such separately, should this be required by law.
9 Is the provision of the personal data required by law or contract?
You are not obliged to provide us with the personal data referred to above via the website.
10 Further recipients?
Alongside service providers which act on our behalf and the recipients referred to above, we can also disclose your personal data to third parties, should we be obliged to disclose or pass on your personal data in order to fulfil a legal obligations or to protect the rights, ownership or security of Feinmess, our customers or other parties.
In order to process your data for the purposes described above, it may be necessary to disclose your personal data to a company of our corporate group or third parties or to have the data otherwise processed by these.
11 Your rights as a data subject
Each data subject affected by the processing of personal data by us has the right of information in accordance with Article 15 GDPR, the right of rectification in accordance with Article 16 GDPR, the right of erasure in accordance with Article 17 GDPR, the right to have the processing restricted in accordance with Article 18 GDPR, the right of objection in accordance with Article 21 GDPR and the right of data portability in accordance with Article 20 GDPR. The restrictions under §§ 34 and 35 BDSG apply to the right of information and the right of erasure. In addition, there is the right to complain to a data protection supervisory authority in accordance with Article 77 GDPR and § 19 BDSG.
11.1 Information concerning your right of objection in accordance with Article 21 GDPR
11.1.1 Right of objection in an individual case
For reasons connected to your personal situation, you have the right to raise an objection at any time to the processing of personal data relating to you which takes place under Article 6 Paragraph 1 Letter f GDPR (data processing on the basis of a balancing of interests); this also applies to any profiling based on this provision under Article 4 Paragraph 4 GDPR.
We also process your personal data in individual cases in order to carry out direct advertising. In such a case, you also have the right to raise an objection at any time to the processing of personal data relating to you for the purpose of such advertising; this also applies to the processing, should this be connected to such direct advertising.
Should you raise an objection, we will no longer process your personal data, unless we can prove mandatory protectable reasons for the processing which outweigh your interests, rights and freedoms or unless the purpose of the processing is the assertion, exercising or defence of legal claims.
Should you object to the processing for the purpose of direct advertising, we will no longer process your personal data for this purpose, without costs other than the transfer costs in accordance with the basic tariffs being incurred.
Please contact the data protection officer directly in relation to your data protection rights.
11.2 Revocation of consent which has been issued
The data subject can revoke consent which has been issued to us at any time. This also applies to the revocation of declarations of consent which were issued to us prior to the time of taking effect of the GDPR, i.e. before 25 May 2018. The revocation of the consent does not affect the lawfulness of processing which took place in accordance with the consent prior to its revocation.
11.2.1 Raising an objection and revoking consent which has been issued
The objection can take place informally and can be address to us as follows:
· by using our contact form for the objection
· by written notification to:
Feinmess Suhl GmbH
· by telephone: +49 (0) 3681 / 381-0
· by fax: +49 (0) 3681 / 381-105
· by email: firstname.lastname@example.org
In accordance with the German Federal Data Protection Act (BDSG), we take suitable steps in order to ensure that your data is treated securely in line with this data protection policy. Unfortunately, the transfer of information via the Internet is not completely secure. Even though we do our utmost to protect your personal data, we cannot guarantee the security of data transferred to our website; all transfers of information take place at your own risk. Once we have received your information, we apply stringent procedures and security functions in order to prevent unauthorised access where possible.
Links to third party websites
Our website may contain links to and from the websites of our partner networks, advertising partners and associated companies. Feinmess cannot assume any responsibility for the content of websites which are connected to its own. Should you access a third party website, you are responsible for ensuring that you read the data protection policy and terms and conditions which apply to the respective website.
Should we decide to change our data protection policy, we will place the changes on our website, so that you are always aware of what information we gather, how we use it and under what circumstances we might disclose it. Should we decide to use your personal data at any time in a way which deviates from that notified at the time the data was gathered, we will inform you by email (should we be obliged to do so under applicable data protection provisions).
We remind all parents and supervisors to instruct their children in using personal data on the Internet in a secure and responsible manner. Children should not send personal data to our website without the agreement of the parent or supervisor. We provide an undertaking that we will not knowledgeably collect personal data of children, use it in any way or disclose it to third parties in an unauthorised manner.