We are very pleased about your interest in our company. Data protection is of particular importance to the management of EUBAG Operation GmbH. Use of the EUBAG Operation GmbH website is possible without any personally identifiable information being collected about you. However, if an affected person wishes to use our company’s special services through our website, personal data processing may be required. If the processing of personal data is required and there is no legal basis for such processing, we generally seek the consent of the data subject.
EUBAG Operation GmbH, as the sole owner, has implemented numerous technical and organizational measures to ensure the complete protection of personal data processed via this website. Nevertheless, Internet-based data transmissions can have security holes, so that absolute protection cannot be guaranteed. For this reason, every person concerned is free to submit personal data to us in alternative ways, for example by telephone.
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) The person concerned
The concerned person is any identified or identifiable natural person whose personal data is processed by the website owner.
‘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, 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’ means the marking of stored personal data with the aim of limiting their processing in the future.
‘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.
‘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 are not attributed to an identified or identifiable natural person.
g) The responsible party or controller
‘Controller’ means 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.
‘Processor’ means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
‘Recipient’ means 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’ means 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.
‘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 person responsible within the meaning of the General Data Protection Regulation, other data protection laws in the Member States of the European Union and other provisions of a data protection character is:
Eubag Operation GmbH
Tel.: +49 89 89999-1234
3. Collection of general data and information
The website of EUBAG Operation GmbH collects a series of general data and information each time the website is accessed by an affected person or an automated system. This general data and information is stored on the log files of the server as follows:
(1) browser types and versions used.
(2) the operating system used by the accessing system.
(3) the internet page from which an accessing system accesses our website (so-called referrers).
(4) the sub-web pages which can be accessed.
(5) the date and time of access to the website.
(6) the Internet Protocol address (IP address).
(7) the internet service provider of the accessing system.
(8) other similar data and information used in the event of attacks on our information technology systems.
When using this general data and information, EUBAG Operation GmbH does not draw any conclusions about the data subject. Rather, this information is required to:
(1) correctly deliver the contents of our website.
(2) to optimize the content of our website and to advertise it.
(3) to ensure the continued functioning of our information technology systems and the technology of our website.
(4) to provide law enforcement authorities with the information necessary for law enforcement in the event of a cyberattack.
This anonymously collected data and information is statistically held by EUBAG Operation GmbH with the aim of increasing data protection and data security in our company in order to ultimately ensure the best possible 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 an affected person.
4. Contact via the website
Due to legal regulations, the website of EUBAG Operation GmbH contains information that enables quick electronic contact with our company as well as direct communication with us, including a general address, the so-called electronic mail (e-mail address). If an affected person contacts the data owner by e-mail or through a contact form, the personal data provided by the data subject will be automatically saved. Such personal data, voluntarily transmitted by an individual to the controller, is stored for the purpose of processing or contacting the data subject. There is no disclosure of this personal data to third parties.
5. Routine deletion 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 the storage or, as the case may be, by the European Directive and Regulatory Authority or by any other legislator of laws or regulations which the controller has provided for. If the storage purpose is omitted or if a storage period prescribed by the European Directive and Regulatory Authority or any other relevant legislator expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.
6. Rights of the person concerned
a) Right to confirmation
Each data subject has the right, as granted by the European Directive and Regulatory Authority, to require the controller to confirm whether personal data relating to him / her is being processed. If an affected person wishes to make use of this confirmation right, they can contact our DPO at any time.
b) Right to information
Any person concerned by the processing of personal data shall have the right, granted by the European Directive and Regulatory Authority, at any time to obtain from the data controller information free of charge on the personal data stored about him / her and a copy of that information. Furthermore, the European Directive and Regulatory Authority has provided the data subject to the following information:
- the processing purposes.
- the categories of personal data being 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 international organizations.
- when possible, the planned duration for which the personal data is stored, or, if that is not possible, the criteria for determining that duration.
- the right to rectification or erasure of the personal data concerning them.
- restriction of processing by the controller or a right to object to such processing.
- the existence of a right of appeal to a supervisory authority if the personal data is not collected from the data subject.
- all available information on the source of the data, the existence of automated decision-making including profiling in accordance with Article 22 (1) and (4) of the GDPR and – at least in these cases – meaningful information about the logic involved and the scope and implications of such processing for the data subject.
- The data subject also has the right to have his / her personal data transmitted to a third country or to an international organization. If that is the case, then the data subject has the right to obtain information about the appropriate guarantees in connection with the transfer.
If an affected person wishes to exercise this right to information, they can contact our DPO at any time.
c) Right to rectification
Any person affected by the processing of personal data has the right granted by the European Directive and Regulatory Authority to demand the immediate correction of inaccurate personal data concerning him / her. Furthermore, the data subject has the right to request the completion of incomplete personal data, including by means of a supplementary declaration, taking into account the purposes of the processing.
If an affected person wishes to exercise this right of rectification, they can contact our DPO at any time.
d) Right of erasure (‘right to be forgotten’)
Any person affected by the processing of personal data shall have the right granted by the European Directive and Regulatory Authority to require the controller to immediately delete the personal data concerning him / her provided that one of the following reasons is satisfied and the processing is not required:
- the personal data has been collected for such purposes or otherwise processed for which it is no longer necessary.
- the data subject revokes their consent, for which the processing was based in accordance with Article 6 (1) (a) or Article 9 (2) (a) of the GDPR, and lacks any other legal basis for the processing.
- the data subject submits an objection to the processing pursuant to Article 21 (1) of the GDPR, and there are no legitimate reasons for the processing, or the data subject appeals pursuant to Article 21 (2).
- the personal data was processed unlawfully.
- the deletion of personal data is required to fulfill a legal obligation under Union or Member State law to which the controller is subject.
- the personal data was collected in relation to information society services offered pursuant to Article 8(1).
If one of the above reasons is correct and an affected person wishes to initiate the deletion of personal data stored by EUBAG Operation GmbH, they may at any time contact our DPO. The data protection officer of EUBAG Operation GmbH will arrange that the request for deletion be complied with immediately.
Where the controller has made the personal data public and is obliged pursuant to paragraph 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 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, those personal data. The data protection officer at EUBAG Operation GmbH will arrange what is necessary in individual cases.
e) Right to restriction of processing
Any person affected by the processing of personal data has the right, granted by the European Directive and Regulatory Authority, to require the controller to restrict the processing if one of the following conditions applies:
- the accuracy of the personal data is contested by the data subject for a period of time, allowing the person responsible to verify the accuracy of the personal data.
- the processing is unlawful, the data subject refuses to delete the
personal data and instead requires the restriction of the use of the
- the person responsible does not need the personal data for the purpose of processing however, the person concerned is required to assert, exercise or defend Legal claims.
- the data subject has objection to the processing in accordance with Article 21(1) of the GDPR and it is not yet clear whether the legitimate reasons of the person responsible are those of the person concerned.
If one of the above-mentioned conditions exists and an affected person wishes to request the restriction of personal data stored by EUBAG Operation GmbH, they may contact our data protection officer at any time. The DPO at EUBAG Operation GmbH will initiate the restriction of processing.
f) Right to data portability
Any person affected by the processing of personal data shall have the right conferred by the European Directive and Regulatory Authority to obtain the personal data concerning him / her, provided to the controller by the data subject, in a structured, common and machine-readable format. He / She also has the right to transfer this data to another responsible person without hindrance by the controller to whom the personal data was provided, provided that the processing is based on the consent pursuant to Article 6 (1) (a) of the GDPR or Article 9 (1) (b) 2 (a) or on a contract pursuant to Article 6 (1) (b) and processing by means of automated processes, unless the processing is necessary for the performance of a task of public interest or in the exercise of public authority, which has been assigned to the responsible person. Furthermore, in exercising their right to data portability under Article 20 (1) of the GDPR, the data subject has the right to obtain that the personal data has been transmitted directly from one controller to another, insofar as this is technically feasible and if so this does not affect the rights and freedoms of others.
In order to assert the right of data transferability, the data subject may at any time turn to the DPO appointed at EUBAG Operation GmbH.
g) Right to object
Any person concerned by the processing of personal data shall have the right conferred by the European Directive and Regulatory Authority at any time, for reasons arising from their particular situation, to object against the processing of the personal data pursuant to Article 6 (1) (e) or (f) of the GDPR. This also applies to profiling based on these provisions.
EUBAG Operation GmbH no longer processes personal data in the event of an objection, unless we can prove that there are compelling legitimate reasons for the processing that outweigh the interests, rights and freedoms of the data subject or the processing is for assertion, exercise or defense of legal claims.
If EUBAG Operation GmbH processes personal data in order to operate direct mail, the data subject has the right to object at any time to the processing of personal data for the purpose of such advertising. This also applies to the profiling, as far as it is associated with such direct mail. If the data subject objects to EUBAG Operation GmbH the processing purposes for direct marketing purposes, EUBAG Operation GmbH will no longer process the personal data for these purposes. In addition, the data subject has the right, for reasons arising from his / her particular situation, to object to the processing of personal data relating to him / her, for scientific or historical research purposes or for statistical purposes pursuant to Article 89. Data subjects are invited to submit an objection unless such processing is necessary to fulfill a task of public interest.
In order to exercise the right to object, the data subject can directly contact the DPO at EUBAG Operation GmbH. The data subject is also free, in the context of the use of information society services, notwithstanding Directive 2002/58 /EC, to exercise his / her right of opposition by means of automated procedures using technical specifications.
h) Automated individual decision-making, including profiling
Any person concerned by the processing of personal data shall have the right, as granted by the European Directive and Regulatory Authority, not to be subject to a decision based solely on automated processing, including profiling, which has a legal effect on the decision or, in a similar manner, significantly affects it. Unless the decision is:
(1) necessary for the conclusion or performance of a contract between the data subject and the controller.
(2) permitted by Union or Member State legislation to which the controller is subject, and that legislation provides for appropriate measures to safeguard the rights and freedoms as well as the legitimate interests of the data subject.
(3) with the express consent of the data subject.
EUBAG Operation GmbH will take appropriate measures to protect the rights and freedoms of the authorized person’s interests as well as of the data subject, including at least the right to obtain the intervention of a person by the controller, to express his / her own position and to contest the decision.
If the data subject wishes to enforce automated decision-making rights, they may contact our DPO at any time.
i) Right to revoke a data protection consent
Any person affected by the processing of personal data has the right, granted by the European Directive and Regulatory Authority, to revoke consent to the processing of personal data at any time.
If the data subject wishes to assert their right to withdraw consent, they may at any time contact our DPO.
7. Data protection in applications and in the application process
The owner collects and processes the personal data of applicants for the purpose of the application process. The processing can also be done electronically. This is particularly the case if an applicant submits corresponding application documents to the controller by electronic means, for example by e-mail or via a web form available on the website.
If the owner concludes a contract of employment with an applicant, the data transmitted will be stored for the purposes of the employment relationship in accordance with the law. If no employment contract is concluded with the applicant by the controller, the application documents will be automatically deleted two months after the announcement of the rejection decision provided that deletion does not conflict with any other legitimate interests of the controller. Other legitimate interests in this sense, for example, a burden of proof in a procedure under the General Equality Treatment Act (AGG).
8. Lawfulness of processing
Article 6(1a) of the DS-GVO serves our company as the legal basis for processing operations where we obtain consent for a particular processing purpose. If the processing of personal data is necessary to fulfill a contract of which the data subject is a party, as is the case, for example, in processing operations necessary for the supply of goods or the provision of any other service or consideration, processing shall be based on article 6(1b) of the DS-GVO. The same applies to processing operations that are necessary to carry out pre-contractual measures, for example in cases of inquiries regarding our products or services. If our company is subject to a legal obligation which requires the processing of personal data, such as the fulfillment of tax obligations, the processing is based on article 6 (1c) of the DS-GVO. In rare cases, the processing of personal data may be required to protect the vital interests of the data subject or another natural person. This would be for example, if a visitor to our facility were injured and his / her name, age, health insurance or other vital information would need to be passed on to a doctor, hospital or other third party. The processing would be based on article 6 (1d) of the DS-GMO. Ultimately, processing operations could be based on article 6 (1f) of the DS-GMO, on this legal basis, processing operations that are not covered by any of the above legal basises are required if processing is necessary to safeguard the legitimate interests of our company or a third party, unless the interests, fundamental rights and fundamental freedoms of the person concerned prevail.
Such processing operations are particularly allowed to us because they have been specifically mentioned by the European legislator. In this regard, it is considered that a legitimate interest has to be assumed if the data subject is a customer of the controller (recital 47 sentence 2 DS-GVO).
9. Authorized interests in the processing that are being pursued by the controller or a third party
The processing of personal data based on Article 6(1f) of the DS-GVO is our legitimate interest in conducting our business for the benefit of all of our employees and our shareholders.
10. Duration for which the personal data is stored
The criteria for the duration of the storage of personal data is the respective statutory retention period. After the deadline, the corresponding data will be routinely deleted, if it is no longer required to fulfill the contract or to initiate a contract.
11. Legal or contractual agreements for the provision of personal data;Necessity for the conclusion of the contract; Obligation of the data subject to provide the personal data; possible consequences of non-provision
We clarify that the provision of personal information is in part required by law, such as tax regulations, or may result from contractual arrangements, such as details of the contractor. Occasionally it may be necessary for a contract to be concluded, that an affected person provides us with personal data that must subsequently be processed by us. For example, the data subject is required to provide us with personal information when our company enters into a contract with him / her. Failure to provide the personal data would mean that the contract with the person concerned cannot be completed. Before the data has been provided by the data subject, the data subject must contact our DPO. Our data protection officer will inform the data subject on a case-by-case basis whether the provision of the personal data is required by law or contract or is required for the conclusion of the contract if there is an obligation to provide the personal data and what would be the consequence of the failure to provide the personal data.
12. Existence of automated decision-making
As a responsible company we refrain from automatic decision-making or profiling.