Data Privacy Declaration

Introduction

We are very delighted that you have shown interest in our enterprise. Data protection is of a particularly high priority for the management of the Electrochaea GmbH. The use of the Internet pages of the Electrochaea GmbH is possible without any indication of personal data; however, if a data subject wants to use special enterprise services via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no other statutory basis for such processing, we generally obtain consent from 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 General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to the Electrochaea GmbH. By means of this data protection declaration, our enterprise would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled.

 

As the controller, the Electrochaea GmbH has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means, e.g. by telephone.

 

  1. General Information

 

1.1. Definitions

The data protection declaration of the Electrochaea GmbH is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used.

 

In this data protection declaration, we use, inter alia, 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 is processed by the controller responsible for the processing.

 

c) Processing: Processing is 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, organisation, 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 form 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 analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.

 

f) Pseudonymisation: Pseudonymisation 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 organisational 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 which processes 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; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.

 

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 authorised 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.

 

1.2. Name and Address of the controller

Controller for the purposes 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:

 

Electrochaea GmbH

Semmelweisstrasse 3

82152 Planegg, Germany

E-mail: info@electrochaea.com

 

1.3. Data protection officer:

PROLIANCE GmbH

www.datenschutzexperte.de

Leopoldstr. 21

80802 München

Germany

E-mail: datenschutzbeauftragter@datenschutzexperte.de

 

 

  1. Data processing activities on our website  

 

2.1. Access to and storage of information in terminal equipment

By using our website, access to information (e.g. IP address) or storage of information (e.g. cookies) in your terminal equipment may occur. This access or storage may involve further processing of personal data pursuant to the GDPR.

 

In cases where such access to information or such storage of information is strictly necessary for the technically error-free delivery of our services, this is done on the basis of § 25 para. 1 s. 1, para. 2 no. 2 TTDSG. In cases where such a process serves other purposes (e.g. the needs-based design of our website), this will only be carried out on the basis of § 25 para. 1 TTDSG with your consent pursuant to Art. 6 para. 1 lit. a GDPR. The consent can be revoked at any time with effect for the future.

 

For more information on the processing of your personal data and the relevant legal basis in this context, please refer to the following sections on the specific processing activities on our website.

 

2.2. Web Hosting

This website is hosted by an external service provider (1&1). This website is hosted in Germany. Personal data collected on this website is stored on the hoster’s servers. This may include, but is not limited to, IP addresses, contact requests, meta and communication data, web page accesses and other data generated by a website.

 

We have concluded a Data Processing Agreement with the provider in accordance with the requirements of Art. 28 GDPR, in which we commit him to protect the data of our customers and not to pass them on to third parties.

 

2.3. Server- Logfiles

Once you visit our website, it is technically necessary that data is transmitted to our web server via your internet browser. The following data is recorded during an active connection for communication between your internet browser and our web server:

 

  • Date and time of the request
  • Name of the requested file
  • The website from which an accessing system reaches our website (so-called referrers) and sub-websites
  • Access status
  • Web browser used and operating system used
  • (Full) IP address of the requesting computer
  • Transmitted amount of data

 

We collect the listed data to ensure a proper connection to the website and an error-free delivery of our services. The processing of this data is strictly necessary to make the website available to you. The log files are processed for the purpose of evaluating system security and stability as well as for administrative purposes.  The log files serve to evaluate system security and stability as well as administrative purposes. The legal basis for the processing of the data is our legitimate interest in the protection and functionality of our website in accordance with Art. 6 para. 1 lit. f GDPR.

 

For reasons of technical security, in particular to prevent attempts to attack our web server, we may temporarily store this data. After 30 days at the latest, the data is made anonymous by shortening the IP address at domain level, so that it is no longer possible to establish a reference to the individual user. This data is not evaluated in anonymous form except for statistical purposes. This data is not combined with data from other data sources.

 

2.4. Cookies

The Internet pages of the Electrochaea GmbH use cookies. Cookies are text files that are stored in a computer system via an Internet browser.

 

Many Internet sites 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 character string through which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This allows visited Internet sites and servers to differentiate the individual browser of the data subject from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified using the unique cookie ID.

 

Through the use of cookies, the Electrochaea 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 optimized with the user in mind. Cookies allow us, as previously mentioned, to recognize our website users. The purpose of this recognition is to make it easier for users to utilize our website. The website user that uses cookies, e.g. does not have to enter access data each time the website is accessed, because this is taken over by the website, and the cookie is thus stored on the user’s computer system. Another example is the cookie of a shopping cart in an online shop. The online store remembers the articles that a customer has placed in the virtual shopping cart via a cookie.

 

The processing of data using strictly necessary cookies is based on a legitimate interest pursuant to Art. 6 para. 1 lit. f GDPR in the technically error-free delivery of our services. For details on the processing purposes and legitimate interests, please refer to the following explanations on the specific data processing.

 

The processing of personal data using other cookies is based on consent in accordance with Art. 6 para. 1 lit. a GDPR. The consent can be revoked at any time with effect for the future. Insofar as such cookies are used for analysis and optimisation purposes, we will inform you separately about this in this privacy policy and obtain your consent in accordance with Art. 6 para. 1 lit. a GDPR.

 

The data subject may, at any time, prevent the setting of cookies through our website by means of a corresponding setting of the Internet browser used, and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be entirely usable.

 

2.5. Change cookie settings

 

You can revoke or change your cookie settings at any time. To do so, access the cookie settings again via this link

 

2.6. Google Analytics

 

We don´t use Google Analytics on our website.

 

2.7. Contact possibility via the website

If you send us requests via our contact form or email, your details from the contact form or email, including the contact data you have provided there, will be stored for the purpose of processing your request and in the event of follow-up questions. You are required to provide an email address to contact us. Your name and telephone number are optional. Under no circumstances will we pass on this data without your consent. The legal basis for processing the data is our legitimate interest in responding to your request pursuant to Art. 6 para. 1 lit. f GDPR and, if applicable, Art. 6 para. 1 lit. b GDPR, provided that your request is aimed at concluding a contract. Your data will be deleted after final processing of your request, provided that there are no legal storage obligations to the contrary. You can object to the processing of your personal data at any time in the case of Art. 6 para. 1 lit. f GDPR.

 

2.8. Job Application

If you apply for a job at our company via contact form or by email, we collect personal data. This includes, in particular, your contact details (such as first and last name, telephone number and email address of the user) as well as other data provided by you regarding your background (e.g. CV, qualifications, degrees and work experience) and your person (e.g. cover letter, personal interests). This may also include special categories of personal data (e.g. information on a severe disability). Your personal data ordinarily is collected directly from you during the application process and is encrypted during electronic transmission. The primary legal basis for this is Art. 6 para. 1 lit. b GDPR in conjunction with § 26 para. 1 BDSG. In addition, consent in accordance with Art. 6 para. 1 lit. a, 7 GDPR in conjunction with § 26 para. 2 BDSG can be used as a data protection permission regulation. If the processing of your data is based on consent, you have the right to revoke your consent at any time with effect for the future.

 

Within our company, only those persons and positions (e.g. human resources) have access to your personal data which absolutely need to carry out the application procedure or to fulfil our legal obligations. Your applications will be forwarded to the responsible person for examination. Under no circumstances will your personal data be passed on to third parties without authorisation.

 

Your data for an application for a specific job advertisement will be stored and processed by us during the ongoing application process. Once the application process has been completed (e.g. in the form of an acceptance or rejection), the application process including all personal data will be deleted from the system no later than six months after the application process has been completed. The data of selected applicants will be stored securely for up to 2 years, provided that the applicants have given their consent in accordance with Art. 6 para. 1 lit. a GDPR. You can revoke your consent at any time with effect for the future. For this purpose, an informal e-mail to the contact details of the person responsible listed above is sufficient. If you are accepted, your application documents will be transferred to the personnel file.

 

3. Further information

 

3.1. Routine erasure and blocking of personal data

The data 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 to 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.

 

3.2. Rights of the data subject

 

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 any employee of the controller.

 

b) Right of access: 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 personal data concerned;
      • 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 organisations;
      • 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 organisation. 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 any 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 any 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, 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 to 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 to which the controller is subject.
      • 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 the Electrochaea GmbH, he or she may, at any time, contact any employee of the controller. An employee of Electrochaea GmbH shall promptly ensure that the erasure request is complied with immediately.

 

Where the controller has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, the controller, 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. An employee of the Electrochaea GmbH 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 instead 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 defense 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 the Electrochaea GmbH, he or she may at any time contact any employee of the controller. The employee of the Electrochaea GmbH 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 was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have 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 when doing so 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 any employee of the Electrochaea GmbH.

 

g) Right to objectEach 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.

 

The Electrochaea 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 the Electrochaea 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 applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to the Electrochaea GmbH to the processing for direct marketing purposes, the Electrochaea 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 the Electrochaea 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 contact any employee of the Electrochaea GmbH. 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 is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorised 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 not 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, the Electrochaea 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, contact any employee of the Electrochaea GmbH.

 

i) Right to withdraw data protection consent: Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time.

 

If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact any employee of the Electrochaea GmbH.

 

 

3.3. Data security

We take appropriate technical and organizational measures to ensure a level of protection appropriate to the risk in accordance with Article 32 of the GDPR, taking into account the state of the art, the cost of implementation and the nature, scope, circumstances and purposes of the processing, as well as the varying probability and severity of the risk to the rights and freedoms of natural persons. This website uses SSL encryption for security reasons and to protect the transmission of confidential content.

 

3.4. Period for which the personal data will be stored

The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.

 

3.5. 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 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). Sometimes it may be necessary to conclude 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 personal data is provided by the data subject, the data subject must contact any employee. The employee clarifies to the data subject 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 the consequences of non-provision of the personal data.

 

3.6. Existence of automated decision-making

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

 

Responsible for data privacy: Mich Hein and Doris Hafenbradl.

 

PROLIANCE GmbH, Leopoldstraße 21, 80802 München, consulting@datenschutzexperte.de, +49 89 2500 392 22,  http://www.datenschutzexperte.de

 

This Privacy Policy has been generated by the Privacy Policy Generator of the German Association for Data Protection that was developed in cooperation with Privacy Lawyers from WILDE BEUGER SOLMECKE, Cologne.