DATA PROTECTION INFORMATION FOR CUSTOMERS AND PROSPECTIVE CUSTOMERS
Data protection information concerning our processing of customer and prospective customer data in accordance with Articles 13, 14 and 21 of the General Data Protection Regulation (GDPR)
ph-cleantec GmbH Heißreinigungsgeräte für Werkstatt und Betrieb
Dear customer, dear prospective customer,
We wish to inform you of the processing of your personal data in accordance with Articles 13, 14 and 21 GDPR, as well as of your rights in this respect. The question as to what data is processed individually and how it is used is generally determined by the requested and/or agreed services.
- CONTROLLER UNDER DATA PROTECTION LAWS
- CONTACT DETAILS OF OUR DATA PROTECTION OFFICER
- PURPOSE AND LEGAL BASIS OF THE PROCESSING
We process your personal data in compliance with the provisions of the European General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG) for the purpose of initiating, performing and fulfilling the contract, as well as to carry out pre-contractual measures. Should the provision of personal data be necessary in order to enter into or perform contractual relationships or in the course of the performance of contractual measures, the processing is lawful in accordance with Article 6 Paragraph 1 Letter b) GDPR.
Should you issue us with express consent in relation to the processing of personal data for specific purposes (for example disclosure of data to third parties, evaluation of data for marketing purposes, targeted advertising), the lawfulness of this processing on the basis of your consent is stated in Article 6 Paragraph 1 Letter a) GDPR. Consent which has been issued can be revoked at any time (see Number 9 of this data protection information). Please bear in mind that the revocation only takes effect for the future. Processing which took place prior to the revocation is not affected.
If necessary and permitted by law, we process your data beyond the actual contractual purposes in order to fulfil legal obligations (Article 6 Paragraph 1 Letter c) GDPR). In addition, processing may take place to safeguard legitimate interests (Article 6 Paragraph 1 Letter f) GDPR); this may be undertaken by us or third parties. We will inform you of this separately, stating the legitimate interest, if this is required by law.
- CATEGORIES OF PERSONAL DATA
We process data which is connected to the contract initiation and/or the pre-contractual measures. This can be general data relating to your person or your company (such as name, address and contact information) as well as any additional data which you provide us with during the contract initiation phase.
- SOURCES OF THE DATA
We process personal data which we receive from you in the course of the contact initiation, initiation of the contractual relationship, or within the framework of pre-contractual measures, or which is passed on to us via our partners or by means of recommendations.
- RECIPIENTS OF THE DATA
Within our company, we only pass your personal data onto the departments which require the data in order to fulfil the contractual and statutory obligations and/or in order to claim our legitimate interest.
We can transfer your personal data to our associated companies, should this be permitted within the course of the purposes and legal basis set out in Number 3 of the data protection information.
Your personal data will be processed on our behalf on the basis of order processing contracts in accordance with Article 28 GDPR.
Otherwise, your data is only passed on to recipients outside the company if statutory provisions allow or require this, if the disclosure is necessary to perform and otherwise fulfil the contract, or is required to perform pre-contractual measures on your request, you have issued your consent or we are authorised to issue information. Under these requirements, recipients of personal data may be the following:
- Public bodies and institutions (for example state prosecution authority, police, supervisory authorities, tax office) should a statutory or official obligation be present.
- Recipients where the disclosure is directly necessary to conclude or fulfil the contract, for example debt collection agencies.
- Further data recipients may be those bodies for whom you have issued us with your consent to the data transfer.
- TRANSFER TO A THIRD COUNTRY
Personal data is only transferred to countries outside of the European Economic Area (EEA) or to international organisations if this is necessary to perform and therefore fulfil the contract, is necessary to perform pre-contractual measures on your request, the disclosure is required by law or if you have issued us with your consent.
- DURATION OF THE DATA SAVING
If necessary, we process and save your personal data for the duration of our business relation, which may also include the initiation and performance of a contract and/or in order to fulfil the contractual purposes.
In addition, we are subject to various retention and documentation obligations, amongst other under the German Commercial Code (HGB) and the German Tax Code (AO). The retention and documentation periods stated therein range from two to ten years.
Finally, the duration of the saving can also be determined according to the statutory limitation periods, which is generally three years under §§ 195 ff of the German Civil Code (BGB), however in certain cases this may be for up to thirty years.
- YOUR RIGHTS
Each data subject has the right to receive information in accordance with Article 15 GDPR, the right of rectification in accordance with Article 16 GDPR, the right of erasure in accordance with Article 17 GDPR, the right to have the processing restricted in accordance with Article 18 GDPR, the right of notification in accordance with Article 19 GDPR and the right of data portability in accordance with Article 20 GDPR.
In addition, you have the right to complain to a data protection supervisory authority in accordance with Article 77 GDPR, should you be of the opinion that the processing of your personal data is not taking place lawfully. The right of complaint exists regardless of other legal remedies under administrative laws or before a court.
Should the processing of data take place in accordance with the consent which you have issued, then in accordance with Article 7 GDPR, you are entitled to revoke the consent to the use of your personal data at any time with effect for the future. Please bear in mind that we must retain certain data in order to fulfil legal regulations or for a specified period of time.
Right of objection
Should the processing of personal data relating to you take place in order to safeguard legitimate interests in accordance with Article 6 Paragraph 1 Letter f) GDPR, then in accordance with Article 21 GDPR, you have the right to raise an objection against the processing of the said data at any time for reasons connected to your specific situation. We will then no longer process this personal data, unless we can prove mandatory protectable reasons for the processing which outweigh your interests, rights and freedoms or should the processing be necessary in order to assert, exercise or defend legal claims.
In individual cases, we process your personal data in order to carry out direct advertising. You have the right to raise an objection at any time to the processing of personal data relating to you for the purposes of such direct advertising; this also applies to the profiling, should it be connected to such direct advertising. Should you object to the processing for purposes of direct advertising, we will no longer process your personal data for these purposes.
In order to claim your rights, you can contact us via the addresses provided above at any time.
- NECESSITY OF THE PROVISION OF PERSONAL DATA
The provision of personal data in order to initiate or fulfil a contract or in order to perform pre-contractual measures, is not generally required either by law or by contract. Therefore, you are not obliged to provide the personal data. However, the provision of personal data is generally necessary to take decisions concerning conclusion of a contract, to fulfil a contract or to carry out pre-contractual measures. You should and are only required to provide such personal data which is necessary in order to conclude the contract, fulfil the contract or carry out pre-contractual measures. Should you not provide us with personal data, we may not be able to take a decision in the course of contractual measures.
- AUTOMATED DECISION MAKING
In order to enter into a perform the business relationship and for pre-contractual measures, we generally do not use any fully automated decision making in accordance with Article 22 GDPR. Should we use this procedure in an individual case, we will inform you of such separately and obtain your consent, should this be required by law.