Data protection declaration
Data protection declaration
We are delighted that you have shown an interest in our company. Data protection is particularly important to the company’s management board. Generally, it is possible to use the company’s website without providing any personal data. However, if you wish to make use of special services offered by our company via our website, it may be necessary for us to process personal data. If it is necessary to process personal data and there is no legal basis for such processing, we will always obtain the consent of the person concerned (the data subject).
The processing of personal data, such as the name, address, email address or telephone number of a data subject, is always carried out in accordance with the General Data Protection Regulation and in compliance with the country-specific data protection regulations that apply to the company. With this data protection declaration, our company wishes to inform the public about the type, scope and purpose of the personal data that we collect, use and process. This data protection declaration also informs data subjects about their rights.
In its capacity as data controller, the company has put numerous technical and organisational measures into place to ensure that the personal data processed via this website is protected as completely as possible. Nevertheless, Internet-based data transmissions are generally vulnerable to security breaches, which means that absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us by alternative means, such as by telephone.
The terms used in the company’s data protection declaration are based on the terms used in the General Data Protection Regulation (GDPR), issued by the European legislator. We would like our data protection declaration to be easy for the public and for our customers and business partners to read and understand. With this in mind, we would first like to explain the terms used.
The following terms, among others, are used in this data protection declaration:
a) Personal data
Personal data means any information relating to an identified or identifiable natural person (referred to in the following as the ‘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 one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
(b) Data subject
A data subject is any identified or identifiable natural person whose personal data is processed by the controller.
Processing means any operation or set of operations that is performed on personal data, whether or not by automated means; this includes collection, recording, organisation, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction.
(d) Restriction of processing
Restriction of processing means marking stored personal data for the purpose of restricting its future processing.
Profiling means any form of automated processing of personal data consisting of the use of such 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.
Pseudonymisation means 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 is not attributed to an identified or identifiable natural person.
(g) Controller or data controller
The controller, or data controller, 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.
The processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
The recipient is a natural or legal person, public authority, agency or another body, to whom the personal data is 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
A 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 the personal data.
The consent of the data subject means 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 controller
The controller, as defined in the General Data Protection Regulation, in other data protection laws applicable in the Member States of the European Union and in other data protection provisions, is:
BNP Brinkmann GmbH & Co. KG
48477 Hörstel-Bevergern, Germany
Tel.: +49 (0) 5459 9336 0
Fax: +49 (0) 5459 9336 99
Name and address of the Data Protection Officer
The controller’s Data Protection Officer is:
Mr Dirk Remke
S + G Webservices UG
(haftungsbeschränkt) & Co. KG
49479 Ibbenbüren, Germany
Tel.: 05451 921-23
All data subjects can contact our Data Protection Officer directly at any time with questions and suggestions concerning data protection.
By using cookies, the company can provide users of this website with services that are more user-friendly and would not otherwise be possible.
At any time, the data subject can alter the cookie settings in the Internet browser used in order to permanently prevent cookies from being set by our website. Furthermore, cookies that have already been set can be deleted at any time via an Internet browser or other software programs. This is possible in all common Internet browsers. If the data subject alters the Internet browser settings to prevent cookies from being set, it is possible that not all the features of our website can be used to their full extent.
2. Collection of general data and information
The company’s website collects various general data and information each time a data subject or automated system accesses the website. This general data and information is stored in the log files of the server. The following information can be collected: (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (a so-called referrer), (4) the sub-websites that are reached via an accessing system on our website, (5) the date and time of access to the website, (6) an Internet protocol address (IP address), (7) the accessing system’s Internet service provider, (8) other similar data and information which are used to help avert the danger of attacks on our information technology systems.
When using this general data and information, the company does not draw any conclusions about the data subject. Rather, this information is required (1) to properly deliver the contents of our website, (2) to optimise the contents of our website and the advertising for the website, (3) to ensure the permanent operability of our information technology systems and of the technology of our website, and (4) to provide law enforcement authorities with the information necessary for prosecution in the event of a cyber attack. The company therefore uses this anonymously collected data and information for statistical purposes, in the first instance, but also for the purpose of improving data protection and data security in our company, in order to ultimately ensure an optimum level of protection for the personal data that we process. The anonymous data of the server log files is stored separately from all the personal data provided by a data subject.
3. Registration on our website
The data subject shall have the option of registering on the controller’s website by providing personal data. The relevant registration form determines which personal data is transmitted to the controller. The personal data entered by the data subject is collected and stored solely for internal use by the controller and for his own purposes. The controller may arrange for the personal data to be disclosed to one or more processors, such as a parcel service, who shall also use the personal data solely for internal purposes attributable to the controller.
The date and time of registration and the IP address assigned to the data subject by the Internet service provider (ISP) are also stored when the data subject registers on the controller’s website. This data is stored for the purpose of preventing any misuse of our services and, if necessary, for facilitating the investigation of criminal offences. In this respect, the storage of this data is necessary to protect the controller. This data will never be passed on to third parties, unless there is a legal obligation to do so, or the data is required for law enforcement purposes.
The data subject’s registration, under voluntary disclosure of personal data, allows the controller to offer the data subject website content or services which, due to the nature of the matter, can only be offered to registered users. At any time, registered persons are free to modify the personal data that they provided during registration or to have this data completely deleted from the controller’s database.
On request, the controller shall provide the data subject, at any time, with information as to which personal data relating to the data subject is stored. Furthermore, the controller shall correct or delete personal data at the request or indication of the data subject, unless the controller is required by law to do otherwise. Within this context, the entire staff of the controller is available to the data subject as contact persons.
4. Contact via the website
In line with legal regulations, the company’s website contains information that enables quick electronic contact to be made with our company and allows direct communication with us. This also includes a general address for so-called electronic mail (email address). If a data subject contacts the controller by email or via a contact form, the personal data transmitted by the data subject will be automatically stored. Such personal data that is transmitted voluntarily from a data subject to the controller is stored for the purpose of processing or for contacting the data subject. Such personal data shall not be disclosed to third parties.
5. Routine erasure and blocking of personal data
The controller shall process and store personal data relating to the data subject only for the time necessary to serve the purpose of storage, or where provided for by the European legislator or by any other law or regulation to which the controller is subject.
If the purpose of storage ceases to apply or if a storage period prescribed by the European legislator or any other competent legislator expires, the personal data will be blocked or deleted as a matter of routine and in accordance with the statutory provisions.
6. Rights of the data subject
(a) Right to confirmation
The data subject has the right, granted by the European legislator, to obtain from the controller confirmation as to whether or not personal data concerning the data subject is being processed. If a data subject wishes to exercise this right to receive confirmation, he or she may contact one of the controller’s employees at any time.
(b) Right of access
At any time, a data subject affected by the processing of personal data has the right, granted by the European legislator, to obtain from the controller, free of charge, information regarding the personal data stored in relation to him or her and a copy thereof. Furthermore, the European legislator grants the data subject access to the following information:
- the purposes of the data processing
- the categories of personal data that are processed
- the recipients or categories of recipients to whom the personal data has been or will be disclosed, in particular to recipients in third countries or to international organisations
- if possible, the period for which the personal data will be stored, or if that is not possible, the criteria used to determine that period
- the existence of the right to rectification or erasure of personal data concerning the data subject, the right to restriction of processing by the controller, or the right to object to this processing
- the existence of the right to lodge a complaint with a supervisory authority
- if the personal data is not collected from the data subject: all the available information regarding the source of the data
- the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) GDPR and – at least in those cases – meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
The data subject also has the right to obtain information as to whether the personal data has been transferred to a third country or to an international organisation. If this is the case, the data subject also has the right to obtain information on the appropriate safeguards relating to the transfer.
If a data subject wishes to exercise this right of access, he or she may contact one of the controller’s employees at any time.
c) Right to rectification
The data subject has the right, granted by the European legislator, to obtain without undue delay the rectification of inaccurate personal data concerning him or her. Furthermore, taking into account the purposes of the processing, the data subject has 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 contact one of the controller’s employees at any time.
d) Right to erasure (right to be forgotten)
The data subject has the right, granted by the European legislator, to require that the controller erase the personal data concerning the data subject without undue delay provided that one of the following grounds applies and that the processing is not necessary:
- The personal data is no longer necessary in relation to the purposes for which it was collected or otherwise processed.
- The data subject withdraws consent on which the processing is based according to point (a) of Article 6(1), or point (a) of Article 9(2) GDPR, and where there is no other legal ground for the processing.
- The data subject objects to the processing pursuant to Article 21(1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) GDPR.
- The personal data has been unlawfully processed.
- The personal data has to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
- The personal data has been collected in relation to the offer of information society services referred to in Article 8(1) GDPR.
If any of the above reasons apply and a data subject wishes to have personal data that is stored by the company erased, he or she may contact one of the controller’s employees at any time. The company’s employee will ensure that the request for erasure is complied with without delay.
Where the company has made the personal data public and is obliged pursuant to Article 17(1) GDPR to erase the personal data, the company, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, that personal data, provided that processing is not necessary. The company’s employee will take the necessary steps in each individual case.
e) Right to restriction of processing
The data subject has 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 its use instead.
- The controller no longer needs the personal data for the purposes of the processing, but the data is 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) GDPR and verification as to whether the legitimate grounds of the controller override those of the data subject is pending.
If one of the above-mentioned conditions is met and a data subject wishes to request the restriction of personal data stored by the company, the data subject may contact one of the controller’s employees at any time. The company’s employee will arrange for the processing to be restricted.
f) Right to data portability
The data subject has the right, granted by the European legislator, to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format. The data subject also has the right to have this data transmitted to another controller without hindrance from the controller to which the personal data has been provided, provided that the processing is based on consent pursuant to point (a) of Article 6(1) GDPR or point (a) of Article 9(2) GDPR or on a contract pursuant to point (b) of Article 6(1) GDPR and that the processing is carried out by automated means, unless the processing is 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) GDPR, the data subject shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible and where this does not adversely affect the rights and freedoms of others.
In order to assert the right to data portability, the data subject can contact one of the company’s employees at any time.
g) Right to object
The data subject has 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) GDPR. This also applies to profiling that is based on these provisions.
The company shall then no longer process the personal data unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or processing is necessary for the establishment, exercise or defence of legal claims.
If the company 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 includes profiling to the extent that it is related to such direct marketing. Where the data subject objects to processing for direct marketing purposes, the company shall no longer process the personal data for such purposes.
Moreover, where the company processes personal data for scientific or historical research purposes or statistical purposes pursuant to Article 89(1) GDPR, the data subject, on grounds relating to his or her particular situation, shall have the right to object to processing of personal data concerning him or her, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
To exercise the right to object, the data subject may directly contact any of the company’s employees or any other employee. In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, the data subject may exercise his or her right to object by automated means using technical specifications.
h) Automated individual decision-making, including profiling
The data subject has the right, granted by the European legislator, not to be subject to a decision based solely on automated
processing – including profiling – which produces legal effects concerning him or her or similarly significantly affects him or her. This shall not apply if the decision (1) is necessary for entering into, or performance of, a contract between the data subject and a controller, or (2) is 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 based on the data subject’s explicit consent.
Where the decision is (1) necessary for entering into, or performance of, a contract between the data subject and a controller or (2) based on the data subject’s explicit consent, the company 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 to contest the decision.
If the data subject wishes to exercise rights relating to automated decision-making, he or she may contact one of the controller’s employees at any time.
(i) Right to withdraw consent for data processing
Every person affected by the processing of personal data has the right, granted by the European legislator, to withdraw his or her consent to the processing of personal data at any time.
If the data subject wishes to exercise his or her right to withdraw consent, he or she may contact one of the controller’s employees at any time.
7. Data protection regarding job applications and the application process
The controller collects and processes the personal data of job applicants for the purpose of carrying out the application procedure. This processing may also be carried out by electronic means. This is especially the case if an applicant submits application documents to the controller electronically, for example by email or via a form on the website. If the controller concludes an employment contract with an applicant, the transmitted data is stored for the purpose of processing the employment relationship in compliance with the statutory provisions. If the controller does not conclude an employment contract with the applicant, the application documents shall be automatically deleted two months after notification of the decision to reject the application, unless this deletion is contrary to any other legitimate interests of the controller. Other legitimate interests in this sense include, for example, a burden of proof in proceedings under the General Equal Treatment Act (Gleichbehandlungsgesetz).
8. Legal basis for processing
Article 6(1)(a) GDPR serves our company 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 a party, as is the case, for example, with processing operations that are necessary for the supply of goods or the provision of another service or consideration, the legal basis for this processing is Article 6(1)(b) GDPR. The same applies to processing operations that are necessary for the purpose of carrying out pre-contractual measures, as in the case of enquiries about our products or services, for example. If our company is subject to a legal obligation which makes it necessary to process personal data, for example to fulfil tax-related obligations, the legal basis for processing is Article 6(1)(c) GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor to our company suffered an injury and it was necessary to disclose his or her name, age, health insurance details or other vital information to a doctor, hospital or other third party. In this case, the legal basis for processing would be Article 6(1)(d) GDPR. Finally, processing operations could be based on Article 6(1)(f) GDPR. Processing operations that are not covered by any of the above legal bases are covered by this legal basis if the processing is necessary to safeguard a legitimate interest of our company or of a third party, provided that the interests and fundamental rights and freedoms of the data subject do not outweigh the aforementioned interest. We are permitted to carry out such processing operations, in particular, because they have been specifically mentioned by the European legislator. In this respect, the legislator took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47 sentence 2 GDPR).
9. Legitimate interests in processing pursued by the controller or a third party
If the processing of personal data is based on Article 6(1)(f) GDPR, our legitimate interest is the performance of our business activities for the well-being of all our employees and our shareholders.
10. Duration of storage of personal data
The criterion for the duration of storage of personal data is the relevant statutory period of retention. After expiry of this period, the corresponding data is deleted as a matter of routine, provided that it is no longer required for the fulfilment or initiation of a contract.
11. Legal or contractual requirements regarding making the personal data available; necessity for the conclusion of a contract; obligation of the data subject to provide the personal data; possible consequences of failure to provide the data
We would like to make clear that in some cases the provision of personal data is required by law (e.g. in accordance with tax regulations) or may also be required by contractual regulations (e.g. information regarding the contractual partner). Occasionally, it may be necessary, for the purpose of concluding a contract, for a data subject to provide us with personal data, which we must subsequently process. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with him or her. If the personal data is not provided, this would mean that the contract with that person could not be concluded. Before the person concerned makes personal data available, he or she must contact one of our employees. Our employee will inform the data subject on a case-by-case basis as to whether the provision of the personal data is required by law or contract or is necessary for the conclusion of a contract, and whether there is an obligation to provide the personal data and what the consequences would be if the personal data were not provided.
12. The existence of automated decision-making
As a responsible company, we do not make use of automatic decision-making or profiling.