We are very pleased about your interest in our company. Data protection is of a particularly high priority for the management of TeProMKC GmbH. The use of the TeProMKC GmbH website is possible without any indication of personal data. However, if a data subject wants to use special services of our enterprise via our website, processing of personal data could become necessary. If processing of personal data is necessary and there is no legal basis for such processing, we will generally obtain the consent of the data subject.
The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the country-specific data protection regulations applicable to the TeProMKC GmbH. By means of this data protection declaration, our enterprise would like to inform the public about the type, scope and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed of their rights by means of this data protection declaration.
As the controller, the TeProMKC GmbH has implemented numerous technical and organisational measures to ensure the most complete protection of personal data processed through this website. Nevertheless, Internet-based data transmissions can always be subject to security vulnerabilities, so that absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us by alternative means, for example by telephone.
1. Definitions
The data protection declaration of TeProMKC GmbH is based on the terms used by the European Directive and Ordinance when issuing the General Data Protection Regulation (DS-GVO). Our data protection declaration should be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to explain the terms used in advance.
We use the following terms, among others, in this privacy policy:
a) personal data
Personal data means any information relating 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, an identification number, location data, an 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) person concerned
Data subject means any identified or identifiable natural person whose personal data are processed by the controller.
c) Processing
Processing is any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organisation, filing, 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 is the marking of stored personal data with the aim of limiting their future processing.
e) Profiling
Profiling is any form of automated processing of personal data which consists in using such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or change of location.
f) Pseudonymisation
Pseudonymisation is the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
g) Controller or person responsible for the processing
The controller or person responsible for processing is the natural or legal person, public authority, agency or 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 such processing are determined by Union or Member State law, the controller or the specific criteria for its designation may be provided for under Union or Member State law.
h) Processor
Processor means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
i) Receiver
A recipient is a natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not a third party. However, public authorities that may receive personal data in the context of a specific investigative task under Union or Member State law shall not be considered as recipients.
j) Third
Third party means a natural or legal person, public authority, agency or other body other than the data subject, the controller, the processor and the persons authorised to process the personal data under the direct responsibility of the controller or the processor.
k) Consent
Consent shall mean any freely given specific and informed indication of the data subject's wishes in the form of a statement or other unambiguous affirmative act by which the data subject signifies his or her agreement to the processing of personal data relating to him or her.
2. Name and address of the controller
The responsible party within the meaning of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union and other provisions of a data protection nature is:
TeProMKC GmbH
Ursulastrasse 33-41
50354 Hürth
Germany
Tel.: +49 2233 3962 – 0
E-Mail: info@tepromkc.com
Website: http://www.tepromkc.com/
3. Name and address of the data protection officer
The data protection officer of the controller is:
RA Dr. Nils Helmke
Waldring43-47
44789 Bochum
Germany
E-mail: datenschutz@tepromkc.com
Website: http://www.tepromkc.com/
Any data subject may contact our data protection officer directly at any time with any questions or suggestions regarding data protection.
4. Cookies
The internet pages of TeProMKC GmbH use cookies. Cookies are text files that are stored on a computer system via an internet browser.
Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a string of characters by which internet pages and servers can be assigned to the specific internet browser in which the cookie was stored. This enables the visited Internet pages and servers to distinguish the individual browser of the data subject from other Internet browsers that contain other cookies. A specific internet browser can be recognised and identified via the unique cookie ID.
Through the use of cookies, the TeProMKC GmbH can provide the users of this website with more user-friendly services that would not be possible without the cookie setting.
By means of a cookie, the information and offers on our website can be optimised in the sense of the user. As already mentioned, cookies enable us to recognise the users of our website. The purpose of this recognition is to make it easier for users to use our website. For example, the user of a website that uses cookies does not have to re-enter his or her access data each time he or she visits the website, because this is done by the website and the cookie stored on the user's computer system. Another example is the cookie of a shopping basket in an online shop. The online shop remembers the items that a customer has placed in the virtual shopping basket via a cookie.
The data subject can prevent the setting of cookies by our website at any time by means of an appropriate setting of the Internet browser used and thus permanently object to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via an internet browser or other software programmes. This is possible in all common internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be fully usable.
5. Collection of general data and information
The website of the TeProMKC GmbH collects a series of general data and information every time a data subject or automated system calls up the website. This general data and information is stored in the log files of the server. The following data may be collected: (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system accesses our website (so-called referrer), (4) the sub-websites that are accessed via an accessing system on our website, (5) the date and time of access to the website, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system and (8) other similar data and information that serve to avert danger in the event of attacks on our information technology systems.
When using these general data and information, the TeProMKC GmbH does not draw any conclusions about the data subject. Rather, this information is needed (1) to deliver the contents of our website correctly, (2) to optimise the contents of our website and the advertising for these, (3) to ensure the long-term functionality of our information technology systems and the technology of our website, and (4) to provide law enforcement authorities with the information necessary for prosecution in the event of a cyber attack. Therefore, the TeProMKC GmbH analyzes anonymously collected data and information on one hand, and on the other hand, with the aim of increasing the data protection and data security of our enterprise so that we can ultimately ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from any personal data provided by a data subject.
6. Registration on our website
The data subject has the possibility to register on the website of the controller by providing personal data. The personal data that is transmitted to the data controller in this context results from the respective input mask used for the registration. The personal data entered by the data subject are collected and stored exclusively for internal use by the controller and for its own purposes. The controller may arrange for the data to be transferred to one or more processors, for example a parcel service provider, who will also use the personal data exclusively for an internal use attributable to the controller.
By registering on the website of the controller, the IP address assigned by the Internet service provider (ISP) of the data subject, the date and the time of registration are also stored. The storage of this data takes place against the background that only in this way can the misuse of our services be prevented and, if necessary, this data makes it possible to clarify criminal offences that have been committed. In this respect, the storage of this data is necessary for the protection of the data controller. As a matter of principle, this data is not passed on to third parties unless there is a legal obligation to pass it on or the passing on serves the purpose of criminal prosecution.
The registration of the data subject by voluntarily providing personal data serves the purpose of the controller to offer the data subject content or services which, due to the nature of the matter, can only be offered to registered users. Registered persons are free to modify the personal data provided during registration at any time or to have it completely deleted from the data base of the controller.
The controller shall provide any data subject at any time, upon request, with information on what personal data is stored about the data subject. Furthermore, the controller shall correct or delete personal data at the request or indication of the data subject, provided that this does not conflict with any statutory retention obligations. The entire staff of the controller shall be available to the data subject as contact persons in this context.
Subscription to our newsletter
On the website of the TeProMKC GmbH, users are given the opportunity to subscribe to our enterprise's newsletter. The personal data transmitted to the controller when the newsletter is subscribed to is specified in the input mask used for this purpose.
The TeProMKC GmbH informs its customers and business partners at regular intervals by means of a newsletter about enterprise offers. The newsletter of our enterprise can basically only be received by the data subject, if (1) the data subject has a valid e-mail address and (2) the data subject registers for the newsletter mailing. For legal reasons, a confirmation e-mail is sent to the e-mail address registered by a data subject for the first time for the newsletter dispatch using the double opt-in procedure. This confirmation email serves to verify whether the owner of the email address as the data subject has authorised the receipt of the newsletter.
When registering for the newsletter, we also store the IP address of the computer system used by the data subject at the time of registration as well as the date and time of registration, which is assigned by the Internet service provider (ISP). The collection of this data is necessary in order to be able to trace the (possible) misuse of the e-mail address of a data subject at a later point in time and therefore serves as a legal safeguard for the controller.
The personal data collected in the context of a registration for the newsletter is used exclusively for sending our newsletter. Furthermore, subscribers to the newsletter could be informed by e-mail if this is necessary for the operation of the newsletter service or a related registration, as could be the case in the event of changes to the newsletter offer or changes in the technical circumstances. No personal data collected as part of the newsletter service will be passed on to third parties. The subscription to our newsletter can be cancelled by the data subject at any time. The consent to the storage of personal data, which the data subject has given us for the newsletter dispatch, can be revoked at any time. For the purpose of revoking consent, a corresponding link can be found in each newsletter. Furthermore, it is also possible to unsubscribe from the newsletter mailing directly on the website of the controller at any time or to inform the controller of this in another way.
8. Newsletter tracking
The TeProMKC GmbH newsletter contains so-called tracking pixels. A tracking pixel is a miniature graphic that is embedded in such emails that are sent in HTML format to enable log file recording and log file analysis. This allows a statistical evaluation of the success or failure of online marketing campaigns. Based on the embedded tracking pixel, the TeProMKC GmbH may see if and when an e-mail was opened by a data subject, and which links contained in the e-mail were called up by the data subject.
Such personal data collected via the tracking pixels contained in the newsletters are stored and analysed by the controller in order to optimise the newsletter dispatch and to better adapt the content of future newsletters to the interests of the data subject. This personal data will not be disclosed to third parties. Data subjects are entitled at any time to revoke the separate declaration of consent given in this regard via the double opt-in procedure. After a revocation, this personal data will be deleted by the data controller. The TeProMKC GmbH automatically regards a withdrawal from the receipt of the newsletter as a revocation.
9. Contact option via the website
The website of the TeProMKC GmbH contains legal requirements which enable a quick electronic contact to our enterprise, as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the controller by e-mail or by using a contact form, the personal data transmitted by the data subject will be stored automatically. Such personal data transmitted on a voluntary basis by a data subject to the controller will be stored for the purposes of processing or contacting the data subject. This personal data will not be disclosed to third parties.
10. Routine deletion and blocking of personal data
The controller shall process and store personal data of the data subject only for the time necessary to achieve the purpose of storage or where provided for by the European Directive and Regulation or other legislator in laws or regulations to which the controller is subject.
If the purpose of storage no longer applies or if a storage period prescribed by the European Directive and Regulation or another competent legislator expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.
11. Rights of the data subject
a) Right to confirmation
Every data subject shall have the right, granted by the European Directive and the Regulation, to obtain confirmation from the controller as to whether personal data concerning him or her are being processed. If a data subject wishes to exercise this right, he or she may, at any time, contact any employee of the controller.
b) Right to information
Any person concerned by the processing of personal data has the right, granted by the European Directive and Regulation, to obtain from the controller, at any time and free of charge, information about the personal data stored about him or her and a copy of that information. Furthermore, the European Directive and Regulation has granted the data subject access to the following information:
the processing purposes
the categories of personal data that are processed
the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular in the case of recipients in third countries or international organisations
if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration
the existence of a right to obtain the rectification or erasure of personal data concerning them or to obtain the restriction of processing by the controller or a right to object to such processing
the existence of a right of appeal to a supervisory authority
if the personal data are not collected from the data subject: All available information on the origin of the data
the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and, at least in these cases, meaningful information about the logic involved and the scope and intended effects of such processing for the data subject
Furthermore, the data subject has the right to be informed whether personal data have been transferred to a third country or to an international organisation. If this is the case, the data subject also has the right to obtain information on the appropriate safeguards in connection with the transfer.
If a data subject wishes to exercise this right of access, he or she may, at any time, contact any employee of the controller.
c) Right of rectification
Any person concerned by the processing of personal data shall have the right granted by the European Directive and the Regulation to obtain the rectification without delay of inaccurate personal data relating to him or her. Furthermore, the data subject has the right to request the completion of incomplete personal data, including by means of a supplementary declaration, taking into account the purposes of the processing.
If a data subject would like to exercise this right to rectification, they can contact an employee of the data controller at any time.
d) Right to deletion (right to be forgotten)
Every person affected by the processing of personal data has the right granted by the European legislator to request that the person responsible delete the personal data concerning him or her immediately if one of the following reasons applies and if the processing is not necessary:
The personal data was collected or otherwise processed for purposes for which it is no longer necessary.
The data subject revokes their consent on which the processing was based in accordance with Article 6 Paragraph 1 Letter a GDPR or Article 9 Paragraph 2 Letter a GDPR and there is no other legal basis for the processing.
The data subject objects to the processing in accordance with Article 21 (1) of the GDPR and there are no overriding legitimate reasons for the processing, or the data subject objects to the processing in accordance with Article 21 (2) of the GDPR processing.
The personal data was processed unlawfully.
The deletion of personal data is necessary to comply with a legal obligation under Union or Member State law to which the controller is subject.
The personal data was collected in relation to information society services offered in accordance with Article 8 Para. 1 GDPR.
If one of the reasons mentioned above applies and a data subject wishes to have personal data stored at TeProMKC GmbH deleted, they can contact an employee of the data controller at any time. The employee of TeProMKC GmbH will ensure that the deletion request is complied with immediately.
If the personal data has been made public by TeProMKC GmbH and our company, as the person responsible, is obliged to delete the personal data in accordance with Article 17 Paragraph 1 of the GDPR, TeProMKC GmbH will also take appropriate measures, taking into account the available technology and the implementation costs of a technical nature, in order to inform other data controllers who process the published personal data that the data subject requires these other data controllers to delete all links to these personal data or copies or replications of these personal data has requested, provided that processing is not necessary. The employee of TeProMKC GmbH will take the necessary measures in individual cases.
e) Right to restriction of processing
Every person affected by the processing of personal data has the right granted by the European legislator to request that the controller restrict the processing if one of the following conditions is met:
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, the data subject refuses the deletion of the personal data and instead requests the restriction of the use of the personal data.
The controller no longer needs the personal data for the purposes of processing, but the data subject needs them to assert, exercise or defend legal claims.
The data subject has lodged an objection to the processing in accordance with Article 21 Paragraph 1 of the GDPR and it is not yet clear whether the legitimate reasons of the controller outweigh those of the data subject.
If one of the above conditions is met and a data subject wishes to request the restriction of personal data stored by TeProMKC GmbH, they can contact an employee of the data controller at any time. The employee of TeProMKC GmbH will arrange for the processing to be restricted.
f) Right to data portability
Every person affected by the processing of personal data has the right granted by the European legislator to receive the personal data concerning him or her, which the data subject has provided to a person responsible, in a structured, common and machine-readable format. You also have the right to transmit this data to another controller without hindrance from the controller to whom the personal data was provided, provided that the processing is based on consent in accordance with Article 6 Paragraph 1 Letter a of the GDPR or Article 9 Paragraph 2 letter a GDPR or on a contract in accordance with Article 6 paragraph 1 letter b GDPR and the processing is carried out using automated procedures, unless the processing is necessary for the performance of a task that is in the public interest or is carried out in the exercise of official authority, which has been transferred to the person responsible.
Furthermore, when exercising his or her right to data portability in accordance with Article 20 (1) of the GDPR, the data subject has the right to have the personal data transmitted directly from one person responsible to another person responsible, to the extent that this is technically feasible and provided that This does not affect the rights and freedoms of other people.
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Furthermore, when exercising his or her right to data portability in accordance with Article 20 (1) of the GDPR, the data subject has the right to have the personal data transmitted directly from one person responsible to another person responsible, to the extent that this is technically feasible and provided that This does not affect the rights and freedoms of other people.
To assert the right to data portability, the data subject can contact an employee of TeProMKC GmbH at any time.
g) Right to object
Every person affected by the processing of personal data has the right granted by the European legislator to object at any time, for reasons arising from his or her particular situation, to the processing of personal data concerning him or her based on Article 6 Paragraph 1 Letter e or f GDPR, to lodge an objection. This also applies to profiling based on these provisions.
TeProMKC GmbH will no longer process the personal data in the event of an objection, unless we can demonstrate compelling legitimate reasons for the processing that outweigh the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend of legal claims.
If TeProMKC GmbH processes personal data in order to conduct direct advertising, the data subject has the right to object at any time to the processing of personal data for the purpose of such advertising. This also applies to profiling insofar as it is connected to such direct advertising. If the data subject objects to TeProMKC GmbH to the processing for direct advertising purposes, TeProMKC GmbH will no longer process the personal data for these purposes.
In addition, the data subject has the right, for reasons arising from his or her particular situation, to object to the processing of personal data concerning him or her that is carried out by MKC MetallkundenCenter GmbH for scientific or historical research purposes or for statistical purposes in accordance with Article 89 Paragraph 1 GDPR, to lodge an objection, unless such processing is necessary to fulfill a task in the public interest.
To exercise the right to object, the data subject may contact any employee of TeProMKC GmbH or another employee directly. Furthermore, in connection with the use of information society services, the data subject is free, notwithstanding Directive 2002/58/EC, to exercise his or her right to object by means of automated procedures using technical specifications.
h) Automated decisions in individual cases including profiling
Every person affected by the processing of personal data has the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him, provided that the decision (1) is not necessary for entering into or performance of a contract between the data subject and the controller, or (2) is authorized by Union or Member State law to which the controller is subject and that legislation appropriates measures to safeguard the rights and freedoms as well as the legitimate interests of the data subject or (3) is carried out with the express consent of the data subject.
If the decision (1) is necessary for entering into or performing a contract between the data subject and a data controller or (2) it is based on the data subject's explicit consent, TeProMKC GmbH shall take appropriate measures to safeguard the rights and freedoms as well as those entitled to protect the interests of the data subject, which includes at least the right to obtain human intervention on the part of the person responsible, to express one's own point of view and to challenge the decision.
If the data subject would like to assert rights with regard to automated decisions, he or she can contact an employee of the data controller at any time.
i) Right to revoke your data protection consent
Every person affected by the processing of personal data has the right granted by the European legislator to revoke consent to the processing of personal data at any time.
If the data subject would like to exercise their right to withdraw consent, they can contact an employee of the data controller at any time.
12. Data protection for applications and the application process
The person responsible for processing collects and processes the personal data of applicants for the purpose of processing the application process. Processing can also take place electronically. This is particularly the case if an applicant submits relevant application documents to the person responsible for processing electronically, for example by email or via a web form on the website. If the person responsible for processing concludes an employment contract with an applicant, the data transmitted will be stored for the purpose of processing the employment relationship in compliance with legal regulations. If the person responsible for processing does not conclude an employment contract with the applicant, the application documents will be automatically deleted two months after the rejection decision is announced, provided that deletion does not conflict with any other legitimate interests of the person responsible for processing. Other legitimate interests in this sense include, for example, a burden of proof in proceedings under the General Equal Treatment Act (AGG).
13. Legal basis for processing
Art. 6 I lit. a GDPR serves our company as the legal basis for processing operations in which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is a party, as is the case, for example, with processing operations that are necessary for the delivery of goods or the provision of any other service or consideration, the processing is based on Art. 6 I lit. b GDPR. The same applies to processing operations that are necessary to carry out pre-contractual measures, for example in cases of inquiries about our products or services. If our company is subject to a legal obligation that requires the processing of personal data, such as to fulfill tax obligations, the processing is based on Art. 6 I lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance details or other vital information would then have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6 I lit. d GDPR. Ultimately, processing operations could be based on Art. 6 I lit. f GDPR. Processing operations that are not covered by any of the above-mentioned legal bases are based on this legal basis if the processing is necessary to protect a legitimate interest of our company or a third party, provided that the interests, fundamental rights and freedoms of the data subject do not prevail. We are permitted to carry out such processing operations in particular because they have been specifically mentioned by the European legislator. In this respect, he was of the opinion that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47 Sentence 2 GDPR).
14. Legitimate interests in processing pursued by the controller or a third party
If the processing of personal data is based on Article 6 I lit. f GDPR, our legitimate interest is to carry out our business activities for the benefit of the well-being of all our employees and our shareholders.
15. Duration for which the personal data is stored
The criterion for the duration of storage of personal data is the respective statutory retention period. After the deadline has expired, the relevant data will be routinely deleted unless it is no longer required to fulfill the contract or initiate a contract.
16. Legal or contractual requirements for the provision of personal data;
Necessity for the conclusion of the contract; Obligation of the data subject to provide the personal data; possible consequences of non-provision
We would like to clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). In order to conclude a contract, it may sometimes be necessary for a data subject to provide us with personal data, which must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data if our company enters into a contract with them. Failure to provide the personal data would mean that the contract with the person concerned could not be concluded. Before the data subject provides personal data, the data subject must contact one of our employees. Our employee will inform the data subject on a case-by-case basis whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and what consequences the non-provision of the personal data would have.
17. Existence of automated decision making
As a responsible company, we do not use automatic decision-making or profiling.
This data protection declaration was created by the data protection declaration generator of DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as data protection officer, in cooperation with the data protection lawyers of the law firm WILDE BEUGER SOLMECKE | Lawyers