INFORMATION DUTIES ACC. TO ARTICLE 13 GDPR
Duty to provide information pursuant to Article 13 GDPR
The protection of your personal data is of particular concern to us. We therefore process your personal data (in short "data") exclusively on the basis of the statutory provisions. With this data protection declaration, we would like to inform you comprehensively about the processing of your data in our company and the data protection claims and rights to which you are entitled within the meaning of Article 13 of the European General Data Protection Regulation (GDPR).
1. Who is responsible for data processing and whom can you contact?
The company responsible is:
M. Braun Inertgas-Systeme GmbH
85748 Garching, Germany
Phone: +49 (0) 89 32 669 0
The company data protection officer is:
Matthias Haßler (LL.M.) Project 29 GmbH & Co. KG
93047 Regensburg, Germany
Phone: +49 (0) 941 298 693 0
2. Which data is processed and from which sources does this data originate?
We process the data which we have received from you within the framework of contract initiation or processing, on the basis of consents or within the framework of your application to us or within the framework of your staff.
Personal data includes personal data:
Your master/contact data, for example first and last name, address, contact data (e-mail address, telephone number, fax), bank data for customers.
For applicants and employees, this includes, for example, first and last name, address, contact data (e-mail address, telephone number, fax), date of birth, data from curriculum vitae and job references, bank data, religious denomination, photographs.
In the case of business partners, this includes, for example, the name of their legal representative, company, commercial register number, VAT number, company number, address, contact person contact data (e-mail address, telephone number, fax), bank details.
For visitors to our company, this includes name and signature.
For journalists, this includes first and last name, e-mail address, fax number.
In addition, we also process the following other personal data:
- Information on the type and content of contract data, order data, sales and document data, customer and supplier history and consulting documents,
- Advertising and sales data,
- Information from your electronic dealings with us (e.g. IP address, log-in data),
- other data that we have received from you in the context of our business relationship (e.g. during discussions with customers),
- Data that we generate ourselves from master/contact data and other data, such as customer requirement and customer potential analyses,
- the documentation of your declaration of consent for the receipt of e.g. newsletters.
- Photography in the context of events.
3. For what purposes and on what legal basis are the data processed?
We process your data in accordance with the provisions of the General Data Protection Regulation (GDPR) and the Federal Data Protection Act 2018, as amended:
- to fulfil (pre-)contractual obligations (Article 6 para. 1 lit. b GDPR):
The processing of your data takes place for contract processing purposes on-line or in one of our branches, for the contract processing of your coworkers in our enterprise. The data will be processed in particular during the initiation of business transactions and the execution of contracts with you.
- to fulfil legal obligations (Article 6 para. 1 lit. c GDPR):
A processing of your data is necessary for the purpose of the fulfilment of different legal obligations, e.g. from the commercial code or the tax code.
- to safeguard legitimate interests (Article 6 para. 1 lit. f GDPR):
On the basis of a weighing of interests, data processing may take place beyond the actual fulfilment of the contract in order to safeguard our or any third party’s legitimate interests.
Data processing to safeguard legitimate interests is carried out in the following cases, for example:
- Advertising or marketing (see point 4),
- Measures for business management and further development of services and products;
- Maintaining a group-wide customer database to improve customer service
- in connection with legal proceedings
- Sending of non-promoting information and press releases.
- within the scope of your consent (Article 6 para. 1 lit. a GDPR):
If you have given us your consent to process your data, e.g. to send you our newsletter, to publish photos.
4. Processing of personal data for advertising purposes
You may at any time object to the use of your personal data for advertising purposes in whole or for individual measures without incurring any costs other than the transmission costs according to the basic tariffs.
We are entitled under the legal requirements of Section 7 para. 3 UWG (Act Against Unfair Competition) to use the e-mail address you provided when concluding the contract for direct advertising for our own similar goods or services. You will receive these product recommendations from us regardless of whether you have subscribed to a newsletter or not.
If you do not wish to receive such recommendations by e-mail from us, you can object to the use of your address for this purpose at any time without incurring any costs other than the transmission costs according to the basic tariffs. Sending us a text message will be sufficient for this purpose. Of course, every e-mail always contains an unsubscribe link.
5. Who receives my data?
If we use a service provider in the sense of an order processing, we remain nevertheless responsible for the protection of your data. All contract processors are contractually obliged to treat your data confidentially and to process it only within the scope of the service provision. The contract processors commissioned by us will receive your data insofar as they require the data for the performance of their respective services. These are, for example, IT service providers that we need for the operation and security of our IT system as well as advertising and address publishers for our own advertising campaigns.
This data is made available to the group companies if necessary for the execution of the contract. Customer data is stored separately for each company, with our parent company acting as a service provider for the individual participating companies.
If there is a legal obligation and in the context of legal prosecution, authorities and courts as well as external auditors may be recipients of your data.
In addition, for the purpose of contract initiation and fulfilment, insurance companies, banks, credit bureaus and service providers may be recipients of your data.
6. How long will my data be stored?
We process your data until the termination of the business relationship or until the expiry of the applicable statutory retention periods (e.g. from the German Commercial Code, the Tax Code or the Working Hours Act); furthermore until the termination of any legal disputes in which the data is required as evidence.
7. Is personal data transferred to a third country?
In principle, we do not transfer any data to any third country. A transfer will only take place on a case-by-case basis on the basis of an adequacy decision of the European Commission, standard contractual clauses, appropriate safeguards or your express consent.
8. What data protection rights do I have?
You have the right at any time to information, correction, deletion or restriction of the processing of your stored data, a right of objection to the processing as well as a right to data transfer and a right of complaint in accordance with the requirements of data protection law.
Right to information:
You can request information from us as to whether and to what extent we process your data.
Right to rectification:
If we process your data that is incomplete or inaccurate, you may request that we correct or complete it at any time.
Right to deletion:
You can demand that we delete your data if we process it unlawfully or if the processing disproportionately interferes with your legitimate protection interests. Please note that there may be reasons that prevent an immediate deletion, e.g. in the case of legally regulated storage obligations.
Irrespective of the exercise of your right to deletion, we will delete your data immediately and completely, insofar as there is no legal or statutory obligation to retain data in this respect.
Right to limit the processing:
You can ask us to restrict the processing of your data if
- You dispute the accuracy of the data for a period of time that allows us to verify the accuracy of the data.
- the processing of the data is unlawful, but you refuse to delete it and instead demand a restriction on the use of the data,
- we no longer need the data for the intended purpose, but you still need this data to assert or defend legal claims, or
- You have objected to the processing of the data.
Right to data transferability:
You may request that we provide you with the information you have provided to us in a structured, common and machine-readable format and that you may provide that information to another responsible person without our interference, provided that
- we process this data on the basis of an agreement given and revocable by you or for the fulfilment of a contract between us, and
- such processing is carried out using automated procedures.
If technically feasible, you may request us to transfer your data directly to another responsible person.
Right of objection:
If we process your data for legitimate reasons, you may object to such processing at any time; this would also apply to profiling based on these provisions. We will then no longer process your data unless we can prove compelling grounds for processing worthy of protection which outweigh your interests, rights and freedoms or the processing serves the assertion, exercise or defence of legal claims. You can object to the processing of your data for the purpose of direct marketing at any time without giving reasons.
Right of appeal:
If you are of the opinion that we violate German or European data protection law when processing your data, we ask you to contact us in order to clarify any questions you may have. Of course, you also have the right to contact the supervisory authority responsible for you, the respective state office for data protection supervision.
If you wish to assert any of the aforementioned rights against us, please contact our data protection officer. In case of doubt, we may request additional information to confirm your identity.
9. Am I obliged to provide data?
The processing of your data is necessary to conclude or fulfil your contract with us. If you do not provide us with this data, we will generally have to refuse to enter into the contract or will no longer be able to perform an existing contract and will therefore have to terminate it. However, you are not obliged to give your consent to data processing with regard to data which is not relevant for the fulfilment of the contract or which is not required by law.