Data Protection Declaration
State: 25. May 2018
Thank you for your interest in our company, our products and services. Data protection is of particular importance to the management of Meier-Brakenberg GmbH & Co. KG. Use of the Internet pages of Meier-Brakenberg GmbH & Co. KG is basically possible without providing any personal data. However, if a data subject wishes to make use of special services of our company via our website, it may be necessary to process personal data. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the data subject. Processing of personal data such as the name, address, e-mail address or telephone number of a data subject is always carried out in accordance with the Basic Data Protection Ordinance and in accordance with the country-specific data protection regulations applicable to Meier-Brakenberg GmbH & Co. KG. By means of this data protection declaration, our company would like to inform the public about the type, scope and purpose of the personal data collected, used and processed by us. Furthermore, data subjects will be informed of their rights by means of this data protection declaration. Responsible for the processing of data, Meier-Brakenberg GmbH & Co. KG has implemented numerous technical and organisational measures to ensure that the personal data processed via this website is protected as completely as possible. Nevertheless, Internet-based data transmissions can have principal security gaps so that absolute protection cannot be guaranteed. For this reason, every person concerned is free to transmit personal data to us by alternative means, for example by telephone.
§ 1 Definitions
The data protection declaration of Meier-Brakenberg GmbH & Co. KG is based on the terms used by the European Directive and regulatory bodies for the adoption of the General Data Protection Regulation (DS-GVO). Our data protection declaration should be easy to read and understand both for the public and for our customers and business partners. To ensure this, we would like to explain the terms used in advance. We use the following terms, among others, in this data protection declaration:
a) Personal Data
Personal data are all information relating to an identified or identifiable natural person (hereinafter "data subject"). Identifiable is a natural person who can be identified directly or indirectly, in particular by assignment to an identifier such as name, identification number, location data, online identifier or one or more special characteristics that express the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.
b) Data Subject
Data subject is any identified or identifiable natural person whose personal data are processed by the data controller.
Processing means any operation or series of operations carried out with or without the aid of automated procedures in relation to personal data, such as the collection, capture, organisation, sorting, storing, adaptation or alteration, reading, retrieval, use, disclosure by transmission, dissemination or any other form of provision, comparison or linking, restriction, deletion or destruction.
d) Restriction of Processing
Restriction of processing is the marking of stored personal data with the aim of restricting their future processing.
Profiling is any form of automated processing of personal data consisting in the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to the performance of work, economic situation, health, personal preferences, interests, reliability, behaviour, location or relocation of that natural person.
Pseudonymisation is the processing of personal data in such a way that the personal data can no longer be assigned to a specific data subject without the use of additional information, provided that this additional information is kept separately and is subject to technical and organisational measures which ensure that the personal data are not assigned to an identified or identifiable natural person.
g) Data Controller or Controller
The data controller or controller is the natural or legal person, public authority, institution or other body which alone or jointly with others decides on the purposes and means of processing personal data. Where the purposes and means of such processing are laid down by Union law or by the law of the Member States, the controller or the specific criteria for his appointment may be laid down in accordance with Union law or the law of the Member States.
h) Order Processor
Order processor is a natural or legal person, authority, institution or other body that processes personal data on behalf of the data controller.
Recipient is a natural or legal person, authority, institution or other body to which personal data is disclosed, regardless of whether it is a third party or not. However, authorities which may receive personal data under Union law or the law of the Member States within the framework of a particular investigation mandate shall not be regarded as recipients.
A third party is a natural or legal person, authority, institution or other entity other than the data subject, the data controller, the data processor and the persons authorised to process the personal data under the direct responsibility of the data controller or the data processor.
Consent shall mean any informed and unequivocal expression of will voluntarily given by the data subject in the particular case in form of a declaration or other clear affirmative act by which the data subject indicates his/her consent to the processing of personal data concerning him/her.
§ 2 Name and Address of the Data Controller
The responsible controller within the meaning of the General Data Protection Regulation, other data protection laws in force in the Member States of the European Union and other provisions of a data protection nature is:
Meier-Brakenberg GmbH & Co. KG
Tel.: +49(0)52 62/993 99-29
§ 3 Data Protection Officer
The data protection officer of the controller is:
Wolfgang Schrampfer - Dipl.-Betriebswirt
Tel.: +49(0)52 62/993 99-29
Any person concerned can contact our data protection officer directly at any time with any questions or suggestions regarding data protection.
§ 4 Cookies
§ 5 Collection of General Data and Information
The website of Meier-Brakenberg GmbH & Co. KG collects a series of general data and information each time a person or an automated system accesses the website. This general data and information is stored in the log files of the server. We may record (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 (so-called referrer), (4) the subwebsites which are accessed 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 Internet service providers of the accessing system, and (8) other similar data and information used for security purposes in the event of attacks on our information technology systems. When using this general data and information, Meier-Brakenberg GmbH & Co. KG does not draw any conclusions about the person concerned. Rather, this information is required to (1) correctly deliver the contents of our website, (2) optimize the contents of our website and the advertising for it, (3) ensure the permanent functionality of our information technology systems and the technology of our website, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in the event of a cyber attack. These anonymously captured data and information collected by Meier-Brakenberg GmbH & Co. KG are therefore evaluated statistically and with the aim of increasing data protection and data security in our company in order to ultimately ensure an optimal level of protection for the personal data processed by us. The anonymous data of the server log files are stored separately from all personal data provided by a person concerned.
§ 6 Contact via the Website
The website of Meier-Brakenberg GmbH & Co. KG contains information due to legal regulations that enables a quick electronic contact to our company as well as a direct communication with us which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the data controller via e-mail or a contact form, the personal data transmitted by the data subject will be stored automatically. Such personal data voluntarily provided by the data subject to the controller will be stored for the purpose of processing or contacting the data subject. This personal data is not passed on to third parties.
§ 7 Routine Deletion and Blocking of Personal Data
The controller shall process and store the personal data of the data subject only for the time necessary to achieve the data retention purpose or to the extent provided for by the European regulator or other legislator in laws or regulations to which the controller is subject. If the storage purpose ceases to apply or if a storage period prescribed by the European Directive and regulatory body or another competent legislator expires, the personal data is routinely blocked or deleted in accordance with the statutory provisions.
§ 8 Rights of the Data Subject
a) Right of Confirmation
Every data subject shall have the right granted by the European legislator of directives and regulations to require the controller to confirm whether personal data concerning him/her are being processed. If a data subject wishes to exercise this right of confirmation, he may contact an employee of the controller at any time.
b) Right of Information
Any person concerned by the processing of personal data shall have the right granted by the European legislator of directives and regulations to obtain, at any time and free of charge, information from the controller concerning the personal data relating to him/her stored and demand copy of that information. Furthermore, the European regulator has granted the data subject the following information:
- The processing purposes
- The categories of personal data to be processed
- The recipients or categories of recipients to whom the personal data have been or are still being disclosed, in particular recipients in third countries or international organisations
- If possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration
- The existence of a right of rectification or deletion of personal data concerning the data subject or of a restriction on processing by the controller or of a right of objection to such processing
Furthermore, the data subject has a right of access to information as to whether personal data have 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 guarantees in connection with the transfer. If a data subject wishes to exercise this right of access, he may contact an employee of the controller at any time.
c) Right of Correction
Any person subject to the processing of personal data shall have the right granted by the European legislator or regulatory bodies of directives and regulations to request the immediate correction of inaccurate personal data concerning him/her. Furthermore, taking into account the purposes of the processing, the data subject has the right to request the completion of incomplete personal data, including by means of a supplementary declaration. Does a data subject want to exercise his/her right of rectification he/she may contact an employee of the controller at any time.
d) Right of Cancellation (right to be forgotten)Any person concerned by the processing of personal data shall have the right granted by the European legislator of directives and regulations to request the data controller to delete personal data concerning him/her immediately, provided that one of the following reasons applies and insofar as processing is not necessar.
- The personal data have been collected or otherwise processed for such purposes for which they are no longer necessary.
- The data subject withdraws his/her consent on which the processing was based pursuant to Article 6, clause (1), letter (a) DS-GVO (GDPR) or Article 9, clause (2), letter (a) DS-GVO (GDPR) and there is no other legal basis for the processing.
- The data subject objects to processing under Article 21, clause(1) DS-GVO (GDPR) and there are no overriding legitimate grounds for processing or the data subject objects to processing under Article 21, clause (2) DS-GVO (GDPR).
- The personal data have been processed unlawfully.
- The deletion of personal data is necessary to fulfil a legal obligation under Union law or the law of the Member States to which the data controller is subject
- The personal data was collected in relation to information provided by society services in accordance with Art. 8, clause (1) DS-GMO (GDPR).
If one of the above-mentioned reasons applies and a person concerned wishes to initiate the deletion of personal data saved by Meier-Brakenberg GmbH & Co. KG, he/she may contact an employee of the data controller at any time. The employee of Meier-Brakenberg GmbH & Co. KG will arrange for the request for deletion to be complied with without delay. If personal data were made public by Meier-Brakenberg GmbH & Co. KG and if our company as the responsible controller is obliged to delete personal data pursuant to Article 17, clause (1) DS-GVO (GDPR), Meier-Brakenberg GmbH & Co. KG, taking into account the available technology and the implementation costs, takes appropriate measures, also in technical form, to inform other persons responsible for data processing of published personal data that the data subject has requested the deletion of all links to this personal data or of copies or replications of this personal data from these other data controllers, insofar as the processing is not necessary.
e) Right of Limitation of Processing
Any person subject to the processing of personal data shall have the right granted by the European legislator of directives and regulations to require the controller to restrict the processing if one of the following conditions is met:
- The accuracy of the personal data is disputed by the data subject for a period which enables the data controller to verify the accuracy of the personal data.
- The processing is unlawful, the data subject refuses to delete the personal data and instead requests a restriction on the use of the personal data.
- The data controller no longer needs the personal data for the purposes of the processing, but the data subject needs them to assert, exercise or defend legal claims.
- The data subject has lodged an appeal to the processing pursuant to Art. 21, clause (1) DS-GVO (GDPR) and it has not yet been determined whether the legitimate reasons of the controller outweigh those of the data subject.
If one of the above-mentioned conditions is fulfilled and a data subject restricts personal data that Meier-Brakenberg GmbH & Co. KG has captured, he/she may contact an employee of the data controller at any time. The employee of Meier-Brakenberg GmbH & Co. KG will cause the processing to be restricted.
f) Right of Data Portability
Any data subject affected by processing personal data shall have the right granted by the European legislator to receive personal data relating to him/her, provided by the data subject to a data controller, in a structured, current and machine-readable format. The data subject shall also have the right to transmit such data to another data controller without obstruction by the controller to whom the personal data have been made available, provided that the processing is based on the consent provided for in Article 6, clause (1), letter (a) DS-GVO (GDPR) or Article 9, clause (2), letter (a) DS-GVO (GDPR) or on a contract in accordance with Article 6, clause (1), letter (b) DS-GVO (GDPR) and that the processing is carried out using automated procedures, unless the processing is necessary for the performance of a task in public interest or in the exercise of public authority conferred on the data controller. Furthermore, in exercising his right to data transferability pursuant to Article 20, clause (1) DS-GVO (GDPR), the data subject has the right to obtain the personal data transferred directly by a data controller to another data controller, provided this is technically feasible and provided that the rights and freedoms of other persons are not affected thereby. To assert the right of data portability, the person concerned may contact the data protection officer of Meier-Brakenberg GmbH & Co. KG at any time.
g) Right of Objection
Any person concerned by the processing of personal data shall have the right granted by the European legislator for reasons arising from their particular situation to object at any time to the processing of personal data concerning them under Article 6, clause (1), letter (e) or (f) of the DS-GVO (GDPR). This also applies to profiling based on these provisions. The Meier-Brakenberg GmbH & Co. KG will no longer process personal data in the event of an objection, unless we can prove compelling reasons worthy of protection for the processing that outweigh the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims. Personal data processed by Meier-Brakenberg GmbH & Co. KG for the purpose of direct advertising entitles the data subject to object at any time to the processing of personal data for the purpose of such advertising. This also applies to profiling insofar as it is connected with such direct advertising. If the person concerned objects to Meier-Brakenberg GmbH & Co. KG of processing for direct advertising purposes, Meier-Brakenberg GmbH & Co. KG no longer processes personal data for these purposes. In addition, the data subject has the right, for reasons arising from his or her particular situation, to object to the processing of personal data relating to him or her that are held by Meier-Brakenberg GmbH & Co. KG for scientific or historical research purposes or for statistical purposes pursuant to Art. 89, clause (1) DS-GVO (GDPR) unless such processing is necessary to fulfil a task in the public interest. To exercise the right of objection, the person concerned may contact the data protection officer of Meier-Brakenberg GmbH & Co. KG. The data subject shall also be free to exercise his right of objection in relation to the use of information society services by means of automated procedures using technical specifications, notwithstanding Directive 2002/58/EC.
h) Automated decisions in individual cases including profiling
Any person subject to the processing of personal data shall have the right granted by the European legislator of directives and regulations not to be subject to a decision based exclusively on automated processing, including profiling, which has legal effect against him or significantly affects him in a similar manner, provided that the decision (1) is not necessary for the conclusion or performance of a contract between the data subject and the data controller, or (2) is admissible under Union or Member State law to which the data controller is subject and that such law contains appropriate measures to safeguard the rights, freedoms and legitimate interests of the data subject, or (3) with the express consent of the data subject.
If the decision (1) is necessary for the conclusion or performance of a contract between the data subject and the data controller or (2) is taken with the express consent of the data subject, Meier-Brakenberg GmbH & Co. KG shall take appropriate measures to protect the rights and freedoms as well as the legitimate interests of the data subject, including at least the right to obtain the intervention by the data controller, to state his own position and to challenge the decision. If the data subject wishes to assert rights relating to automated decisions, he/she may contact the data protection officer of the controller at any time.
i) Right to Revoke Consent under Data Protection law
Any person concerned by the processing of personal data has the right granted by the European legislator of directives and regulations to revoke his/her consent to the processing of personal data at any time. If the data subject wishes to exercise his/her right to withdraw his/her consent, he/she may contact an employee of the controller at any time.
§ 9 Data Protection for Applications and in the Application Process
The controller collects and processes the personal data of applicants for the purpose of processing the application procedure. Processing may also be carried out electronically. This is particularly the case if an applicant sends corresponding application documents to the controller by electronic means, for example by e-mail or via a web form on the website. If the controller concludes an employment contract with an applicant, the data transmitted will be 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 of refusal, provided that no other legitimate interests of the controller stand in the way of deletion. Other legitimate interest in this sense is, for example, a burden of proof in proceedings under the General Equal Treatment Act (AGG).
§ 10 Data Protection in the Contact Form and E-Mail Contact
There is a contact form on our website which can be used for electronic contact. If a user takes advantage of this possibility, the data entered in the input mask will be transmitted to us and stored. This data is your first name, last name and e-mail address. Alternatively, you can contact us via the e-mail address provided. In this case, the user's personal data transmitted by e-mail will be stored.
The data will be used exclusively for the processing of the transmitted inquiry.
The legal basis for the processing of data transmitted in the course of sending an e-mail or using the contact form is Art. 6, clause (1), letter (b) DS-GVO (GDPR).
The Meier-Brakenberg GmbH & Co. KG has integrated the component Google Analytics on this website. Google Analytics is a web analytics service. Web analysis is the capture, collection and evaluation of data on the behaviour of visitors to Internet sites. A web analysis service collects, among other things, data on the website from which a person concerned has accessed a website (so-called referrer), which subpages of the website have been accessed or how often and for how long a subpage has been viewed. A web analysis is mainly used to optimize a website and for cost-benefit analysis of Internet advertising. The Google Analytics component is operated by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Irland. The data controller uses the suffix "_gat._anonymizeIp" for the web analysis via Google Analytics. By means of this addition, Google shortens and anonymizes the IP address of the Internet connection of the person concerned when accessing our Internet pages from a member state of the European Union or from another state party to the Agreement on the European Economic Area. The purpose of the Google Analytics component is to analyse the flow of visitors to our website. Google uses the data and information collected to evaluate the use of our website, among other things, to compile online reports for us that show the activities on our website and to provide other services in connection with the use of our website. Google Analytics places a cookie on the information technology system of the person concerned. By setting the cookie, Google is enabled to analyse the use of our website. Each time one of the individual pages of this website is opened that is operated by the data controller and on which a Google Analytics component has been integrated, the Internet browser on the information technology system of the person concerned is automatically prompted by the respective Google Analytics component to transmit data to Google for the purpose of online analysis. As part of this technical process, Google obtains knowledge of personal data, such as the IP address of the person concerned that is used by Google, among other things, to determine the origin of visitors and clicks and subsequently to enable commission settlements.
The newsletter is sent by the mail service provider "MailChimp", a newsletter delivery platform of the US provider Rocket Science Group, LLC, 675 Ponce De Leon Ave NE #5000, Atlanta, GA 30308, USA. The data protection regulations of the mail service provider can be viewed here: https://mailchimp.com/legal/privacy/.
The Rocket Science Group LLC d/b/a MailChimp is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with the European data protection level (https://www.privacyshield.gov/participant?id=a2zt0000000TO6hAAG&status=Active).
The mail service provider is used on the basis of our legitimate interests according to Article 6, clause (1), letter (f) DS-GVO (GDPR) and an order processing contract according to Article 28, clause (3), sentence 1 DS-GVO (GDPR). The mail service provider can use the recipient's data in pseudonymous form, i.e. without assignment to a user, to optimize or improve its own services, e.g. to technically optimize the sending and presentation of the newsletter or for statistical purposes. However, the mail service does not use the data of our newsletter recipients to write to them itself or to pass the data on to third parties.
§ 13 Legal Basis of the Processing
Article 6 I, letter (a) DS-GVO (GDPR) serves our company as a 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 fulfilment of a contract to which the data subject is a party, as is the case for example with processing operations necessary for the delivery of goods or the provision of other services or return services, the processing is based on Article 6 I, letter (b) DS-GVO (GDPR). The same applies to such processing processes that are necessary to carry out pre-contractual measures, for example in cases of enquiries about our products or services. If our company is subject to a legal obligation which requires the processing of personal data, for example to fulfil tax obligations, the processing is based on Article 6 I, letter (c) DS-GVO (GDPR). In rare cases, the processing of personal data may become necessary to protect the vital interests of the data subject or another natural person.
This would be the case, for example, if a visitor was injured in our company and his name, age, health insurance data or other vital information had to be passed on to a doctor, a hospital or other third parties. The processing would then be based on Article 6 I, letter (d) DS-GVO (GDPR). Ultimately, processing operations could be based on Article 6 I, letter (f) DS-GVO (GDPR). Processing operations which are not covered by any of the aforementioned legal bases are based on this legal basis if processing is necessary to safeguard a legitimate interest of our company or a third party, provided that the interests, fundamental rights and freedoms of the data subject do not prevail. Such processing procedures are permitted to us in particular because they have been specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the person concerned is a customer of the controller (recital 47, second sentence, DS-GVO (GDPR)).
§ 14 Legitimate Interests in the Processing Pursued by the Controller or a Third Party
If the processing of personal data is based on Article 6 I, letter (f) DS-GVO (GDPR), it is in our legitimate interest to conduct our business for the well-being of all our employees and our shareholders.
§ 15 Duration for which Personal Data are stored
The criterion for the duration of the storage of personal data is the respective legal retention period. After the expiry of this period, the corresponding data will be routinely deleted, provided that it is no longer necessary for the fulfilment or initiation of the contract.
§ 16 Legal or contractual provisions for the provision of personal data; necessity for the conclusion of the contract; obligation of the data subject to provide personal data; possible consequences of failure to provide them
We inform you that the provision of personal data is partly required by law (e.g. tax regulations) or may also result from contractual regulations (e.g. information on the contractual partner). In some cases it may be necessary for a contract to be concluded that a data subject provides us with personal data which must subsequently be processed by us. For example, the person concerned is obliged to provide us with personal data if our company enters into a contract with him/her. Failure to provide personal data would mean that the contract with the data subject could not be concluded. Prior to the provision of personal data by the data subject, 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 required by law or contract or required for the conclusion of the contract, whether there is an obligation to provide the personal data and what consequences the failure to provide the personal data would have.
§ 17 Scope of Application
This data protection information applies exclusively to the Internet offer and the newsletter service of Meier-Brakenberg GmbH & Co. KG
Download the data protection declaration als PDF here: Data protection declaration - Meier-Brakenberg