​​​​5. Contact option via the website

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The website of Maffei & Co. Holding GmbH includes information, as required by legal regulations, that enables rapid electronic contact with our company as well as direct communication with us, which also includes a general email address (electronic mail address). If a data subject contacts the controller responsible for processing via email or through a contact form, the personal data transmitted by the data subject will be automatically stored.

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Such personal data voluntarily provided by a data subject to the controller responsible for processing are stored for the purpose of processing or contacting the data subject. There is no disclosure of this personal data to third parties.

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6. Routine erasure and blocking of personal data

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The controller responsible for processing processes and stores personal data of the data subject only for the period necessary to achieve the purpose of storage, or as required by the European legislator or other competent legislator in laws or regulations to which the controller is subject.

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Once the purpose of storage is no longer applicable or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data is routinely blocked or deleted in accordance with legal requirements.

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7. Rights of the data subject

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a) Right to Confirmation

Every data subject has the right granted by the European Directive and Regulation Maker to obtain from the controller confirmation as to whether or not personal data concerning them is being processed. If a data subject wishes to exercise this right to confirmation, they may, at any time, contact any employee of the controller.

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b) Right to Access

Every data subject affected by the processing of personal data has the right granted by the European Directive and Regulation Maker to obtain from the controller, at any time and free of charge, information about their stored personal data and a copy of this information. Additionally, the European Directive and Regulation Maker has granted the data subject access to the following information:

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• the purposes of the processing

• the categories of personal data being processed

• the recipients or categories of recipients to whom the personal data have been or will be disclosed, particularly recipients in third countries or international organizations

• if possible, the planned duration for which the personal data will be stored, or, if not possible, the criteria used to determine that duration

• the existence of the right to request from the controller rectification or erasure of personal data, restriction of processing, or to object to such 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, any available information as to its source

• the existence of automated decision-making, including profiling, as 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

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Furthermore, the data subject has the right to obtain information as to whether personal data is 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.

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If a data subject wishes to exercise this right to access, they may, at any time, contact any employee of the controller.

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c) Right to Rectification

Every data subject affected by the processing of personal data has the right granted by the European Directive and Regulation Maker to obtain from the controller without undue delay the rectification of inaccurate personal data concerning them. Considering 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.

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If a data subject wishes to exercise this right to rectification, they may, at any time, contact any employee of the controller.

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d) Right to Erasure (Right to be Forgotten)

Every data subject affected by the processing of personal data has the right granted by the European Directive and Regulation Maker to obtain from the controller the erasure of personal data concerning them without undue delay, where one of the following grounds applies, and insofar as the processing is not necessary:

 

• The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.

• The data subject withdraws consent on which the processing is based according to Article 6(1)(a) GDPR or Article 9(2)(a) 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 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) GDPR.

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If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by Maffei & Co. Holding GmbH, they may, at any time, contact any employee of the controller. The employee of Maffei & Co. Holding GmbH shall promptly ensure that the erasure request is complied with immediately.

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Where Maffei & Co. Holding GmbH has made the personal data public and is obliged pursuant to Article 17(1) GDPR to erase the personal data, Maffei & Co. Holding GmbH, taking into account 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 the erasure by such controllers of any links to, or copy or replication of, those personal data, insofar as processing is not required. The employee of Maffei & Co. Holding GmbH will arrange the necessary measures in individual cases.

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e) Right to Restriction of Processing

Every data subject affected by the processing of personal data has the right granted by the European Directive and Regulation Maker to obtain from the controller restriction of processing where one of the following applies:

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• The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.

• The processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead.

• The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise, or defense of legal claims.

• The data subject has objected to processing pursuant to Article 21(1) GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.

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If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of personal data stored by Maffei & Co. Holding GmbH, they may, at any time, contact any employee of the controller. The employee of Maffei & Co. Holding GmbH will arrange the restriction of the processing.

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f) Right to Data Portability

Every data subject affected by the processing of personal data has the right granted by the European Directive and Regulation Maker to receive the personal data concerning them, which they have provided to a controller, in a structured, commonly used, and machine-readable format. They 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 Article 6(1)(a) GDPR or Article 9(2)(a) GDPR or on a contract pursuant to Article 6(1)(b) GDPR, and the processing is carried out by automated means, provided that 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.

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Furthermore, in exercising their right to data portability pursuant to Article 20(1) GDPR, the data subject has 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.

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To assert the right to data portability, the data subject may, at any time, contact any employee of Maffei & Co. Holding GmbH.

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g) Right to Object

Every data subject affected by the processing of personal data has the right granted by the European Directive and Regulation Maker to object, on grounds relating to their particular situation, at any time, to processing of personal data concerning them, which is based on Article 6(1)(e) or (f) GDPR. This also applies to profiling based on these provisions.

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Maffei & Co. Holding 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.

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If Maffei & Co. Holding GmbH processes personal data for direct marketing purposes, the data subject has the right to object at any time to the processing of personal data concerning them for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to Maffei & Co. Holding GmbH to the processing for direct marketing purposes, Maffei & Co. Holding GmbH will no longer process the personal data for these purposes.

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In addition, the data subject has the right, on grounds relating to their particular situation, to object to processing of personal data concerning them, which is carried out by Maffei & Co. Holding GmbH for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

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To exercise the right to object, the data subject may directly contact any employee of Maffei & Co. Holding GmbH. The data subject is also free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use their right to object by automated means using technical specifications.

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h) Automated Decisions in Individual Cases Including Profiling

Every data subject affected by the processing of personal data has the right granted by the European Directive and Regulation Maker not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning them or similarly significantly affects them, 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.

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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, Maffei & Co. Holding 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 their point of view, and to contest the decision.

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If the data subject wishes to exercise the rights concerning automated individual decision-making, they may, at any time, contact any employee of the controller.

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i) Right to Withdraw Data Protection Consent

Every data subject affected by the processing of personal data has the right granted by the European Directive and Regulation Maker to withdraw consent to the processing of their personal data at any time.

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If the data subject wishes to exercise the right to withdraw the consent, they may, at any time, contact any employee of the controller.

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8. Data Protection for Applications and the Application Process

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The controller collects and processes the personal data of applicants for the purpose of managing the application process. Processing may also occur electronically. This is particularly the case when an applicant submits relevant application documents to the controller electronically, for example via email or through a web form on the website. If the controller concludes an employment contract with an applicant, the submitted data will be stored for the purpose of managing the employment relationship in compliance with legal requirements. If the controller does not conclude an employment contract with the applicant, the application documents will be automatically deleted two months after the notification of the rejection decision, provided that no other legitimate interests of the controller oppose the deletion. Such a legitimate interest, for example, could be the burden of proof in a procedure under the General Equal Treatment Act (AGG).

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9. Legal Basis for Processing

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Article 6(1)(a) GDPR serves as the legal basis for our company for processing operations where 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 necessary for the supply of goods or the provision of any other service or consideration, the processing is based on Article 6(1)(b) GDPR. The same applies to such processing operations that are necessary for carrying out pre-contractual measures, for instance in cases of inquiries about our services. If our company is subject to a legal obligation that requires the processing of personal data, such as for the fulfillment of tax obligations, the processing is based on 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 premises were injured and their name, age, health insurance data, or other vital information would have to be passed on to a doctor, hospital, or other third parties. Then the processing would be based on Article 6(1)(d) GDPR. Finally, processing operations could be based on Article 6(1)(f) GDPR. This legal basis is used for processing operations that are not covered by any of the aforementioned legal bases if the 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. Such processing operations are particularly permitted because they have been specifically mentioned by the European legislator. In this regard, the legislator considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).

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10. 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 to carry out our activities in favor of the well-being of all our employees and shareholders.

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11. Duration for Which Personal Data is Stored

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The criterion for the duration of the storage of personal data is the respective statutory retention period. After the expiration of that period, the corresponding data is routinely deleted, provided it is no longer required for the fulfillment or initiation of a contract.

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12. Legal or Contractual Requirements for the Provision of Personal Data; Necessity for Contract Conclusion; Obligation of the Data Subject to Provide the Personal Data; Possible Consequences of Non-Provision

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We 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 about the contracting party). Sometimes, it may be necessary for the conclusion of a contract that a data subject provides us with personal data that subsequently needs to be processed by us. For example, the data subject is obligated to provide us with personal data if our company enters into a contract with them. The non-provision of personal data would result in the contract with the data subject not being concluded. Before providing personal data, the data subject must contact one of our employees. Our employee will inform the data subject on a case-by-case basis whether the provision of personal data is legally or contractually required or necessary for the conclusion of the contract, whether there is an obligation to provide the personal data, and the consequences of not providing the personal data.

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13. Existence of Automated Decision-Making

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

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This privacy policy was created with the privacy policy generator from Dresden external data protection officer in cooperation with RC GmbH, which recycles used notebooks, and the file-sharing lawyers of WBS-LAW.

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As of Mai 2021