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:
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:
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:
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.