PRIVACY POLICY

Thank you very much for your interest in our company. Protecting the security and privacy of your personal data is extremely important to the management of Badische Stahl-Engineering GmbH. The use of the website of Badische Stahl-Engineering GmbH is basically possible without any indication of personal data. If, however, an individual person wants to make use of special services of our company via our website, the processing of personal data might become necessary. If the processing of personal data is necessary and if there is no legal basis for such processing, we will obtain the consent of the respective person as a general rule. Processing of personal data like for example name, address, e-mail address or phone number of a person concerned is always done in accordance with the General Data Protection Regulation (GDPR) and in compliance with the local data protection regulations applicable for Badische Stahl-Engineering GmbH. With this privacy notice, our company would like to inform the public about the kind, the extent and the purpose of the personal data collected, used and processed by us. In addition, this privacy policy shall make the persons concerned aware about their rights. Being responsible for the processing, Badische Stahl-Engineering GmbH has implemented various technical and organizational measures in order to guarantee as far as possible a complete protection of the personal data processed via this website. It is however possible, that an internet based data transfer has general security lapses so that it is not possible to guarantee an absolute protection. This means that every data subject is at liberty to transfer personal data to our company in alternative ways like for example by phone. 

1. Definitions The privacy policy of Badische Stahl-Engineering GmbH is based on the terms used by the European legislator for the issuing of the General Data Protection Regulation (GDPR). Our privacy policy shall be easily legible and understandable for the general public as well as for our customers and business partners. To ensure this, we would like to first explain the terminology used. In this privacy policy we use amongst others the following terms:

a. Personal data
Personal data means any information relating to an identified or identifiable natural person (“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. Data subject
Data subject is any identified or identifiable natural person, whose personal data are processed by the controller responsible for the processing.

c. Processing
Processing means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, 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 processing in the future.

e. Profiling
Profiling means any kind of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements.

f. Pseudonymization
Pseudonymization is the processing of personal data in such a manner 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 organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.

g. Controller or controller responsible for the processing
Controller or controller responsible for the 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 nomination may be provided for by Union or Member State law.

h. Processor
Processor is a natural or legal person, public authority, agency or other body processing personal data on behalf of the controller.

i. Recipient
Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities, which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients.

j. Third party
Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorized to process personal data.

k. Consent
Consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

2. Name and address of the party responsible for processing
Party responsible for the processing in terms of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:
Badische Stahl-Engineering GmbH
Robert-Koch-Strasse 13
77694 Kehl / Germany
Phone no.: ++49 7851 877-0
E-Mail: info@bse-kehl.de
Website: www.bse-kehl.de

3. Name and address of the data security officer
Holger Seybold is the data security officer of the party in charge of processing.
E-Mail: ds@holger-seybold.de
Every data subject may contact our data security officer at any time for questions and suggestions related to data security.

4. Collection of general data and information
The website of Badische Stahl-Engineering GmbH collects a series of general data and information when a data subject or an automated system calls up the website. These general data and information are stored in the server log files. The following information / data may be collected: (1) browser types and versions used, (2) operating system used by the accessing system, (3) website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites selected by an accessing system on our website, (5) the date and time of access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may serve for averting of a danger in the event of attacks on our information technology systems.

When using these general data and information, Badische Stahl-Engineering GmbH does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, Badische Stahl-Engineering GmbH analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.

5. Registration on our website
The data subject has the possibility to register on the controller’s website by stating personal data. The personal data transferred to the controller follow from the respective entry mask used for the registration. The personal data entered by the data subject are exclusively collected and saved for internal use of the controller and for own purposes. The controller may initiate the transfer to one or several processors, for example parcel services, who will also use the personal data exclusively for internal purposes which are attributable to the controller.

When registering on the controller’s website the IP address allocated to the data subject by the Internet Service Provider (ISP), the date and time of the registration are also saved. These data are saved on the background that only in this way a misuse of our services may be avoided, and that in case of need these data will allow to solve a crime committed. In view of this fact, the saving of these data is necessary as a safeguard for the controller. As a matter of principle, these data are not transferred to third parties unless there is a legal obligation for a transfer or the transfer is requested for criminal proceedings.

With the registration of the data subject with voluntary indication of personal data the controller may offer the data subject contents or services which can only be offered to registered users due to the very nature of the matter. Registered persons may at any time change the personal data stated during registration or have them completely deleted from the data stock of the controller.

On request, the controller will at any time inform the data subject about the personal data recorded in relation to the respective data subject. In addition, the controller corrects or deletes personal data on the data subject’s request or notice, provided there are no conflicts with legal retention obligations. The Data Protection Officer stated in this privacy statement and the entire staff of the controller may be contacted by the data subject in this context at any time.

6. Contact possibility via the website
Due to statutory provisions, the website of Badische Stahl-Engineering GmbH contains information that enables 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 via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the controller are stored for the purpose of processing or contacting the data subject. There is no transfer of these personal data to third parties.

7. Routine erasure and blocking of personal data
The controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations which the controller is subject to. If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.

8. Rights of data subjects

a. Right of confirmation
Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may at any time contact our Data Protection Officer or another employee of the controller.

b. Right of information
Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:

• the purposes of the processing;
• the categories of the personal data being processed;
• the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations;
• where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period; 
• the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing;
• the existence of the right to lodge a complaint with a supervisory authority;
• where the personal data are not collected from the data subject, any available information as to their source;
• the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.

Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organization. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer. If a data subject wishes to avail himself of this right of access, he or she may at any time contact our Data Protection Officer or another employee of the controller.

c. Right to rectification
Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement. If a data subject wishes to exercise this right to rectification, he or she may at any time contact our Data Protection Officer or another employee of the controller.

d. Right to erasure (Right to be forgotten)
Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies and as long as the processing is not necessary:

• The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
• The data subject withdraws consent on which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
• The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
• The personal data have been unlawfully processed.
• The personal data must be erased for compliance with a legal obligation in Union or Member State law which the controller is subject to. 
• The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.

If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by Badische Stahl-Engineering GmbH, he or she may at any time contact our Data Protection Officer or another employee of the controller. The Data Protection Officer of Badische Stahl-Engineering GmbH or another employee shall promptly ensure that the erasure request is complied with immediately.

Where Badische Stahl-Engineering GmbH has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, Badische Stahl-Engineering GmbH, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. The Data Protection Officer of Badische Stahl-Engineering GmbH or another employee will arrange the necessary measures in individual cases.

e. Right of restriction of processing
Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:

• 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 and the data subject opposes the erasure of the personal data and requests the restriction of their use instead.
• The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
• The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.

If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by Badische Stahl-Engineering GmbH, he or she may at any time contact our Data Protection Officer or another employee of the controller. The Data Protection Officer of Badische Stahl-Engineering GmbH or another employee will arrange the restriction of the processing.

f. Right to data portability
Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which were provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have furthermore the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and provided this does not adversely affect the rights and freedoms of others.

In order to assert the right to data portability, the data subject may at any time contact the Data Protection Officer designated by Badische Stahl-Engineering GmbH or another employee.

g. Right to object
Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.

Badische Stahl-Engineering GmbH shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defense of legal claims.

If Badische Stahl-Engineering GmbH processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This also applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to Badische Stahl-Engineering GmbH to the processing for direct marketing purposes, Badische Stahl-Engineering GmbH will no longer process the personal data for these purposes.

In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by Badische Stahl-Engineering GmbH for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

In order to exercise the right to object, the data subject may directly contact the Data Protection Officer of Badische Stahl-Engineering GmbH or another employee. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.

h. Automated individual decision-making, including profiling
Each data subject shall have 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 or her, as long as the decision (1) is not necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, or (3) is based on the data subject's explicit consent.

If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject's explicit consent Badische Stahl-Engineering GmbH shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.

If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may at any time directly contact the Data Protection Officer of Badische Stahl-Engineering GmbH or another employee of the controller.

i. Right to withdraw data protection consent
Each data subject shall have the right granted by the European legislator to withdraw at any time his or her consent to processing of his or her personal data. If the data subject wishes to exercise the right to withdraw the consent, he or she may at any time directly contact our Data Protection Officer or another employee of the controller.

9. Legal basis for the processing
Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for 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 party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. If our company is subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. In that case the processing would be based on Art. 6(1) lit. d GDPR. Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).

10.   Legitimate interests pursued by the controller or by a third party
Where the processing of personal data is based on Article 6(1) lit. f GDPR our legitimate interest is to carry out our business in favor of the well-being of all our employees and the shareholders.

11.   Period for which the personal data will be stored
The criterion used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data are routinely deleted, as long as they are no longer necessary for the fulfillment of the contract or the initiation of a contract. 

12. Provision of personal data as statutory or contractual requirement; Requirement necessary to enter into a contract; Obligation of the data subject to provide the personal data; possible consequences of failure to provide such data
We herewith inform you 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). Sometimes it may be necessary for the conclusion of a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded. Before provision of personal data by the data subject, the data subject must contact our Data Protection Officer. Our Data Protection Officer explains to the data subject whether the provision of the personal data is required by law or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of non-provision of the personal data.

13. Existence of automated decision-making As a responsible company, we do not use automatic decision-making or profiling.

This Privacy Policy has been generated by the Privacy Policy Generator of the External Data Protection Officers that was developed in cooperation with RC GmbH, which sells used notebooks and the Media Law Lawyers from WBS-LAW.