Data Protection Declaration

Introduction

Thank you very much for visiting our website. We take data protection very seriously, and endeavour to protect your personal data within the framework of our website.
Under the term “personal data”, we understand all data concerning the personal and material circumstances of a natural person. Personal data collected on our website will be used solely for our own purposes.

Legal foundations for data processing

The legal foundations for data processing within the framework of the EU’s Basic Data Protection Regulation (DS-GVO) are laid down for our data processing operations in Art. 6 of the DS-GVO. Specifically, depending upon the situation in which we are processing your data, different legal foundations may be entailed.

Consent
Insofar as your consent has been obtained to processing operations involving personal data, Article 6 I a) DS-GVO is the legal foundation for data processing. A consent granted can be revoked at any time with effect for the future.

Contract
When processing personal data that have been collected for fulfilling a contract to which you are one of the parties, Article 6 I b) DS-GVO shall be the legal foundation. This shall also apply for processing operations that are required for performing precontractual measures.

Statutory duty
Insofar as a processing of personal data is necessary for meeting a statutory obligation to which our company is subject, Article 6 I c) DS-GVO shall serve as the legal foundation.

Vital interests
In the event that vital interests of yourself or another natural person necessitate a processing of personal data, Article 6 I d) DS-GVO shall be the legal foundation.

Justified interest
If the processing is necessary for safeguarding a justified interest on the part of our company or of a third party, and if the interests, fundamental rights and fundamental freedoms of the person concerned do not outweigh the first-named interest, Article 6 I f) DS-GVO shall serve as the legal foundation for processing. The justified interest of our company lies in performing our business operations.

Rights of those affected

Within the framework of our data processing, personal data about you are processed. In your relations with our company, you are entitled to the rights from the Third Section of the DS-GVO.
We respect the rights to information, correction, restriction of processing, deletion or transferability of your personal data. You can assert these rights as follows:

Right to information

You have a right to demand from us a confirmation as to whether we process personal data relating to you. If this is the case, you have a right to information about these personal data, and also to the following information:

  1. the purposes of processing;
  2. the categories of personal data that are being processed;
  3. the recipients, or categories of recipient, to whom the personal data have been or will be disclosed, particularly in the case of recipients in third countries or at international organisations;
  4. if possible, the planned time period for which the personal data will be retained, or, if this is not possible, the criteria for specifying this time period;
  5. the existence of a right to correction or deletion for the personal data relating to you or to restriction of the processing by the person responsible or a right of objection to this processing;
  6. the existence of a right to lodge a complaint with a regulatory government agency;
  7. if the personal data concerned were not collected from the person involved, all available information on the origins of the data;
  8. the existence of an automated decision-making capability including profiling in accordance with Article 22 Paragraphs 1 and 4, and — at least in these cases — meaningful information on the logic involved and the range and targeted effects of such processing for the person concerned.

If personal data are communicated to a third country or to an international organisation, then you have a right to be informed about the appropriate guarantees in accordance with Article 46 DS-GVO in connection with such communication.

We will provide you with one copy of the personal data that constitute the subject-matter of processing. For all further copies you request, we can demand a reasonable fee on the basis of the administrative costs involved. If you submit the request for information electronically, we must provide the information in a commonly used electronic format, unless you specify otherwise.

The right to receiving a copy must not impair the rights and freedoms of other persons.

Right to correction

You also have a right to demand immediate correction of incorrect personal data relating to you. Taking due account of the purposes of the processing involved, you have a right to demand the completion of incomplete personal data — also by means of a supplementary declaration.

Right to deletion (“right to be forgotten”)

(1) You also have a right to demand from us that personal data relating to you be deleted immediately, and we are obligated to delete personal data immediately if one of the following reasons applies:

  1. The personal data concerned are no longer necessary for the purposes for which they were collected or processed in some other way.
  2. You revoke your consent on which the processing in accordance with Article 6 I lit. a DS-GVO or Article 9 Paragraph 2 Letter a was based, and there is no other legal foundation for the processing.
  3. You lodge an objection to the processing in accordance with Article 21 Paragraph 1, and there are no overriding justified reasons for the processing, or you lodge an objection to the processing in accordance with Article 21 Paragraph 2.
  4. The personal data concerned have been processed unlawfully.
  5. The deletion of the personal data is necessary for meeting a legal obligation under EU law or the law of the member states to which we are subject.
  6. The personal data have been collected in regard to services offered by the information society in accordance with Article 8 Paragraph 1.

(2) If we have made the personal data public and if we are obligated to delete them in accordance with Paragraph (1), we shall employ appropriate measures, technical or otherwise, taking due account of the technology available and the implementation costs involved, to inform those responsible for the processing of your personal data that you have demanded the deletion of all links to these personal data, or of copies or replications of these personal data. This shall not apply if the processing is necessary

  1. for exercising the right to freedom of opinion and information;
  2. for meeting a legal obligation that necessitates processing in accordance with the law of the EU or its member states to which we are subject, or for performing a task that is in the public interest or involves exercising official authority transferred to us;
  3. for reasons of the public interest in the field of public health in accordance with Article 9 Paragraph 2 Letters h and i and Article 9 Paragraph 3;
  4. for purposes of archival lying in the public interest, academic or historical research purposes or for statistical purposes in accordance with Article 89 Paragraph 1, insofar as the right specified in Paragraph 1 will presumptively render impossible or seriously impair achievement of the goals of this processing, or
  5. for asserting, exercising or defending legal claims

Right to restriction of processing

(1) You have a right to demand from us the restriction of processing if

  1. the correctness of the personal data is disputed by you, and for a time period that enables us to check the correctness of the personal data concerned;
  2. the processing is unlawful, and you reject deletion of the personal data and instead demand that use of the personal data be restricted;
  3. we no longer require the personal data for the purposes of processing, but you need them for asserting, exercising or defending legal claims, or
  4. you have lodged an objection to the processing in accordance with Article 21 Paragraph 1, for as long as it has not yet been clarified whether our justified reasons outweigh yours.

(2) If the processing was restricted in accordance with Paragraph 1, these personal data (apart from their storage) may be processed only with your consent or for asserting, exercising or defending legal claims or for protecting the rights of another natural or legal person or for reasons involving an important public interest of the EU or one of its member states. 4.5.2016 L 119/44 Official Journal of the European Union DE

(3) A person affected who has obtained a restriction of processing in accordance with Paragraph 1 will be informed by the person responsible before the restriction is cancelled.

Duty of notification in connection with the correction or deletion of personal data or the restriction of processing

We inform all recipients to whom personal data have been disclosed of any correction or deletion of the personal data involved or a restriction of processing in accordance with Article 16, Article 17 Paragraph 1 and Article 18, unless this proves to be impossible or entails a disproportionate outlay. We will inform you about these recipients if you have so requested.

Right to data transferability

(1) You have a right to receive in a structured, commonly used and machine-readable format the personal data relating to you that you have provided us with, and you have a right to communicate these data without hindrance from us to another responsible person to whom the personal data were made available, provided

  1. the processing is based on a consent in accordance with Article 6 Paragraph 1 Letter a or Article 9 Paragraph 2 Letter a or a contract in accordance with Article 6 Paragraph 1 Letter b, and
  2. the processing is performed with the aid of automated procedures.

(2) When exercising your right to data transferability in accordance with Paragraph 1, you have a right to insist that the personal data are communicated directly by us to another responsible person, insofar as this is technically feasible.

(3) Exercising the right in accordance with Paragraph 1 of the article in question shall not affect Article 17. This right shall not apply for a processing that is necessary for performing a task that lies in the public interest or involves exercising official authority that has been transferred to the person responsible.

(4) The right in accordance with Paragraph 2 may not impair the rights and freedoms of other persons.

Right of complaint

Furthermore, you can assert your right of complaint with the regulatory government agencies responsible.

Right of objection

You have a right, for reasons arising from your own particular situation, to lodge an objection at any time against the processing of personal data relating to you on the basis of Art. 6 I e) or f); this shall also apply for a profiling based on this provision. The person responsible shall then no longer process the personal data, unless he/she can evidence cogent reasons deserving of protection for the processing that outweigh the interests, rights and freedoms of your own person, or the processing serves for asserting, exercising or defending legal claims.

2) If your personal data are processed in order to perform direct advertising, you have a right at any time to lodge an objection to the processing of personal data relating to you for the purposes of such advertising; this shall also apply for profiling, insofar as it is connected to such direct advertising.

3) If you object to processing for purposes of direct advertising, your personal data will no longer be used for these purposes.

4) In connection with utilising services of the information society, you can, irrespective of the provisions laid down in Directive 2002/58/EC, exercise your right to objection by means of automated procedures in which technical specifications are used.

5) You have the right, for reasons arising from your own particular situation, to lodge an objection to the processing of personal data relating to you and performed for academic or historical research purposes or for statistical purposes in accordance with Art. 89 Para. 1, unless the processing is necessary for performing a task that lies in the public interest.
Irrespective of any other legal remedies under administrative laws or court rulings, you have a right to complain to a regulatory government agency if you are of the opinion that the processing of the personal data relating to you constitutes an infringement of the DS-GVO.

Web server logs

Within the framework of using our website, the connection information is stored in the server log files.

This information includes:

  • IP address of the calling system
  • browser information such as operating system used and screen resolution
  • website called
  • original website
  • time of the call

The web server logs will be processed solely for purposes of security.

We use the log data only for statistical evaluations for purposes of operation, security and optimisation of our capabilities. We reserve the right, however, to subsequently check the log data if by reason of specific clues there is a justified suspicion of unlawful use.

Data protection contact

Responsible for data processing within the meaning of Art. 4 No. 7 DS-GVO is

Tücking PM Martina Tücking People Management GmbH

Hardter Waldstrasse 24a
41169 Mönchengladbach
Germany
Telephone: +49 (0) 2161 3079 63
Email: contact@tueckingpm.com

 

The legal representative is

Tücking PM Martina Tücking People Management GmbH

Hardter Waldstrasse 24a
41169 Mönchengladbach
Germany
Telephone: +49 (0) 2161 3079 63
Email: contact@tueckingpm.com

 

(Status: May 2018)