in accordance with Articles 13, 14 and 21 of the General Data Protection Regulation GDPR
Data protection is an important cause for us. Below, we will inform you about how we process your data and what rights you are entitled to.
1. Who is responsible for the processing activities and who may you turn to?
M.E. SCHUPP Industriekeramik GmbH
Neuhausstr. 4-10
D-52078 Aachen
Phone: +49 241 93677-0
Fax: +49 241 93677-15
E-Mail: info@schupp-ceramics.com
2. Contact details of the data protection officer
Phone: +49 241 1494698
E-Mail: datenschutz@plesnik.de
3. Purpose of the processing and legal basis
Your personal data will be processed according to the provisions of the General Data Protection Regulation (GDPR), the Federal Data Protection Act (BDSG) and other relevant data protection rules. Processing and use of the individual data depends on the agreed or requested service. In our contract documents, forms, declarations of consent and the other information provided to you (e.g. the website or terms and conditions), you can find further details and supplements on the purposes of the processing.
3.1 Consent (point (a) of Article 6(1) GDPR)
If you have given your consent to us for processing of personal data, the respective consent is the legal basis for the processing named there. You may withdraw your consent at any time effective for the future.
3.2 Meeting contractual obligations (point (b) of Article 6(1) GDPR)
We process your personal data to carry out our contracts with you, i.e. in particular for request and order processing or to send you any specific information or offers. Furthermore, your personal data are processed for carrying out measures and activities within the context of pre-contractual relationships.
3.3 Compliance with legal obligations (point (c) of Article 6(1) GDPR)
We process your personal data if this is necessary to meet legal obligations (e.g. commercial, trade laws).
This includes, e.g., meeting controlling and notification obligations under tax law and archiving for purposes of data protection and data security as well as auditing by tax and other public authorities. Furthermore, the disclosure of personal data may be necessary within the context of authority/judicial measures for purposes of collection of evidence, law enforcement or enforcement of claims under civil law.
3.4 Our legitimate interests or those of any third parties (point (f) of Article 6(1) GDPR)
We may also use your personal data based on consideration of interests to protect our legitimate interests or those of any third parties. This is done for the following purposes:
- for marketing or market research as far as you have not objected to use of your data;
- for collection of information and data exchange with rating agencies if this exceeds our economic risk;
- for limited storage of your data if erasure is not possible or only possible with a disproportionately high effort due to the specific type of storage;
- for further development of services and products, as well as any existing systems and processes;
- for disclosure of personal data within the framework of a due diligence, e.g. when selling a company;
- for enrichment of our data by using or researching publicly accessible data;
- for statistical evaluations or market analyses;
- for benchmarking;
- for assertion of legal claims and defence in legal disputes that cannot be directly assigned to the contractual relationship;
- for internal and external examinations and/or safety reviews;
- for certifications of private law and authority matters;
- to ensure and protect our house rights with the corresponding measures (e.g. video surveillance).
4. Categories of personal data processed by us
The following data are processed:
- Personal data (name, birth date, marital status, profession/industry, position in the company and similar data);
- contact details (company address and department association, e-mail address, phone number and similar data);
- customer history.
We continue to process personal data from public sources (e.g. Internet, media, press, commercial and association registers, debtor directories). If necessary for rendering of our service, we will process personal data that we lawfully receive from third parties (e.g. rating agencies).
5. Who will obtain your data?
We will pass on your personal data within our company to the areas that need the data to perform the contractual and statutory obligations or to implement our legitimate interests.
In addition to this, the following bodies may receive your data:
- Processors used by us (Article 28 GDPR), service providers for supporting activities and other responsibilities within the meaning of the GDPR, in particular the areas of IT services, logistics, courier services, print services, external data centres, support/maintenance of IT applications, archiving, documentation work, controlling, data validation or plausibility checks, data destruction, letter shops, marketing, media technology, telephony, website management, rating agency services;
- public offices and institutions when there is a statutory or authority obligation according to which we are required to inform, report or pass on any data, or where disclosure is in the public interest;
- bodies and institutions based on our legitimate interest or the legitimate interest of third parties for any purposes named within the scope of item 3.4 (e.g. public authorities, rating agencies, cash collection, lawyers, courts, experts, group-related companies and bodies as well as control instances);
- other bodies to which you have given your consent to data transmission.
6. Forwarding of data to a third country or international organisation
Data transmission to bodies in states outside of the European Union (EU) or the European Economic Area (EEA), referred to as third countries, shall not take place except if required by law (e.g. reporting obligations under tax law), or if it is within the scope of our legitimate interests or those of a third party.
Processing of your data in a third country may also take place in connection with involvement of service providers in the scope of the processing activities. We will provide the corresponding detailed information to you upon request.
7. How long do we store your data for?
As far as necessary, we will process your personal data for the duration of our business relationship, also including the preparation and processing of a contract.
Beyond this, we are subject to different storage and documentation obligations that result, inter alia, from the Commercial Code (Handelsgesetzbuch; HGB) and the Tax Code (Abgabenordnung; AO), as well as industry-specific certification specifications. The time limits specified there for storage or documentation are up to fifteen years beyond the end of the business relationship or the pre-contractual legal relationship.
Finally, the storage duration may also be according to the statutory expiration periods, e.g. usually three years according to Sections 195 et seqq. of the German Civil Code (Bürgerliches Gesetzbuch; BGB), and in certain cases also up to thirty years.
8. To which extent is there any automated decision-making on a case-by-case basis (including profiling)?
We do not use purely automated decision-making procedures in accordance with Article 22 GDPR. If we use this procedure in individual cases, we will inform you about this separately if this is required by law.
9. Your data protection rights
You have the right to information according to Article 15 GDPR, the right to rectification according to Article 16 GDPR, the right to erasure according to Article 17 GDPR, the right to restriction of processing according to Article 18 GDPR and the right to data portability from Article 20 GDPR. Additionally, there is a right to lodge a complaint with a data protection supervisory authority (Article 77 GDPR). In principle, Article 21 GDPR stipulates a right to object to processing of personal data by us. This right to object shall, however, only apply if there are any specific circumstances in your personal situation, with rights of our company potentially opposed to your right to object. If you want to assert one of these rights, please contact our data protection officer (datenschutz@plesnik.de).
10. Scale of your obligations to provide your data to us
You only need to provide the data that are necessary for commencement and carrying out of a business relationship or for a pre-contractual relationship with us or the collection of which is legally required. Without these data, we will usually be unable to conclude or execute the contract. This may also refer to any data that are necessary later within the scope of the business relationship. If we request any further data from you, you will be informed separately that this information is given freely.
11. Information concerning your right to object (Article 21 GDPR)
You have the right at any time to object to the processing of your data that takes place based on point (f) of Article 6(1) GDPR (processing activities based on consideration of interests) or point (e) of Article 6(1) GDPR (processing activities in the public interest) if there are any reasons for this that result from your special situation. This shall also apply to profiling based on this provision within the meaning of Article 4(4) GDPR.
If you object, we shall no longer process your personal data, except if we can demonstrate compelling legitimate grounds for processing which override your interests, rights and freedoms or if processing serves to establish, pursuit or defend legal claims.
If applicable, we also process your personal data to operate direct marketing. If you do not want to receive any marketing, you have the right to file an objection to this at any time. This shall also apply to profiling as far as this is connected to such direct marketing. We will observe this objection for the future.
We will no longer process your data for purposes of direct marketing if you object to processing for these purposes. The objection may be filed informally to the address listed in item 1.
12. Your right to lodge a complaint with the supervisory authority
You have a right to lodge a complaint with a data protection supervisory authority (Article 77 GDPR). The supervisory authority relevant for us is:
State officer for data protection and freedom of information North Rhine-Westphalia
Kavalleriestr. 2-4
D-40213 Düsseldorf
Phone: 0211/38424-0
Fax: 0211/38424-10
E-Mail: poststelle@ldi.nrw.de
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