Information duties according to Art.13 DS-GVO
The protection of your personal data is of particular concern to us. We therefore process your personal data (in short "data";) exclusively on the basis of the statutory provisions. With this data protection declaration, we want to inform you comprehensively about the processing of your data in our company and the data protection claims and rights to which you are entitled within the meaning of Art. 13 of the European Data Protection Basic Regulation (EU DS-GVO).
1. Who is responsible for data processing and whom can you contact?
Burnickl Group GmbH
Untere Gasse 51
Phone: +49 (0) 9182 939915-0
The company data protection officer is
Matthias Haßler (LL.M.)
Project 29 GmbH & Co. Kg
East Timasses 14
Phone: +49 (0) 941-2986930
2. Which data are processed and from which sources do these data originate?
We process the data which we have received from you within the framework of contract initiation or processing, on the basis of consents or within the framework of your application to us or within the framework of your staff.
Personal data includes personal data:
Your master/contact data, for example first and last name, address, contact data (e-mail address, telephone number, fax), bank data for customers.
For applicants and employees, this includes, for example, first and last name, address, contact data (e-mail address, telephone number, fax), date of birth, data from curriculum vitae and job references, bank data, religious affiliation, photographs.
For business partners, this includes, for example, the name of their legal representative, company, commercial register number, VAT number, tax number, company number, address, contact person contact data (e-mail address, telephone number, fax), bank data.
In the case of visitors to our company, this includes first name and surname.
For journalists, this includes first and last name, e-mail address, fax number.
For lottery participants this includes first name, surname and e-mail address.
In addition, we also process the following other personal data:
- Information on the type and content of contract data, order data, sales and document data, customer and supplier history and consulting documents,
- Advertising and sales data,
- Information from your electronic dealings with us (e. g. IP address, log-in data),
- other data that we have received from you in the context of our business relationship (e. g. in discussions with customers),
- Data that we generate ourselves from master/contact data and other data, such as customer requirement and customer potential analyses,
- Photography in the context of events.
3. For what purposes and on what legal basis are the data processed?
We process your data in accordance with the provision oft he Data Protection Basic Regulation (DS-GVO) and the Federal Data Protection Act 2018, as amended:
- to fulfil (pre-)contractual obligations (Art.6 para. 1lit. B DS-GVO): The processing of your data takes place for the contract winding up on-line or in one of our branches, for the contract winding up of your coworkers in our enterprise. The data will be processed in particular during the initiation of business transaction and the execution of contracts with you.
- to fulfil legal obligations (Art. 6 para. 1lit. F DS-GVO): A processing of your data is necessary for the purpose of the fulfilment of different legal obligations, e. g. from the commercial code or the tax code.
To safeguard legitimate interests (Art. 6 para. 1lit. F DS-GVO): On the basis of a weighing of interests, data processing may take place beyond the actual fulfilment of the contract in ordert o safeguard the legitimate interests of us or third parties. Data processing to safeguard legitimate interests is carried out in the following cases, for example:
- Advertising or marketing (see point 4),
- Measures for business management and further development of services and products;
- Maintaining a group-wide customer database to improve customer service
- in connection with legal proceedings
- Sending of non-promoting information and press releases.
- within the scope of your consent (Art. 6 para. 1lit. a DSGVO): If you have given us permission to process your data, e. g. for the publication of photos, competitions.
4. Processing of personal data for advertising purposes
You may at any time object to the use of your personal data for advertising purposes in whole or for individual measures without incurring any costs other than the transmission costs according to the basic tariffs.
We are entitled under the legal requirements of § 7 Abs. 3 UWG to use the e-mail address you provided when concluding the contract for direct advertising for our own similar goods or services. You will receive these product recommendations from us regardless of whether you have subscribed to a newsletter or not.
If you do not wish to receive such recommendations by e-mail from us, you can object to the use of your address for this purpose at any time without incurring any costs other than the transmission costs according to the basic tariffs. A text message is sufficient for this purpose. Of course, every e-mail always contains a unsubscribe link.
5. Who receives my data?
If we use a service provider in the sense of an order processing, we remain nevertheless responsible for the protection of your data. All contract processors are contractually obliged to treat your data confidentially and to process it only within the scope of the service provision. The contract processors commissioned by us will receive your data insofar as they require the data for the performance of their respective services. These are, for example, IT service providers that we need for the operation and security of our IT system as well as advertising and address publishers for our own advertising campaigns.
These data will be made available to the affiliated companies if necessary for the execution of the contract. The storage of customer data is company related and separate.
If there is a legal obligation and in the context of legal prosecution, authorities and courts as well as external auditors may be recipients of your data.
In addition, insurance companies, banks, credit agencies and service providers may be recipients of your data for the purpose of initiating and fulfilling contracts.
6. How long will my data be stored?
We process your data until the termination of the business relationship or until the expiry of the applicable statutory retention periods (e. g. from the German Commercial Code, the Tax Code or the Working Hours Act); furthermore until the termination of any legal disputes in which the data is required as evidence.
7. Is personal data transferred to a third country?
In principle, we do not transfer any data to a third country. A transfer will only take place on a case-by-case basis on the basis of an adequacy decision of the European Commission, standard contractual clauses, appropriate safeguards or your express consent.
8 What data protection rights do I have?
You have the right at any time to information, correction, deletion or restriction of the processing of your stored data, a right of objection to the processing as well as a right to data transfer and a right of complaint in accordance with the requirements of data protection law.
Right to information:
You can request information from us as to whether and to what extent we process your data.
Right to rectification:
If we process your data that is incomplete or inaccurate, you may request that we correct or complete it at any time.
Right to deletion:
You can demand that we delete your data if we process it unlawfully or if the processing disproportionately interferes with your legitimate protection interests. Please note that there may be reasons that prevent an immediate deletion, e. g. in the case of legally regulated storage obligations.
Irrespective of the exercise of your right to deletion, we will delete your data immediately and completely, insofar as there is no legal or statutory obligation to retain data in this respect.
Right to limit the processing:
You can ask us to restrict the processing of your data if
- you dispute the accuracy oft he data for a period of time that allows us to verify the accuracy of the data.
- the processing of the data is unlawful, but you refuse to delete it and instead demand a restriction on the use oft he data,
- we no longer need the data for the intended purpose, but you still need this data to assert or defend legal claims, or
- you have objected to processing of data.
Right to datatransferability:
You may request that we provide you with the information you have provided to us in a structured, common and machine-redable format and that you may provide that information to another responsible person without our interference, provided that
- we process this data on the basis of an agreement given and revocable by you or for the fulfilment of a contract between us, and such processing is carried out using automated procedures.
- If technically feasible, you may request to transfer your data directly to another responsible person.
Right of objection:
If we process your data for legitimate reasons, you may object to such processing at any time; this would also apply to profiling based on these provisions. We will then no longer process your data unless we can prove compelling grounds for processing worthy of protection which outweigh your interests, rights and freedoms or the processing serves the assertion, exercise or defence of legal claims. You can object to the processing of your data for the purpose of direct marketing at any time without giving reasons.
Right of appeal:
If you are of the opinion that we violate German or European data protection law when processing your data, we ask you to contact us in order to clarify any questions you may have. Of course, you also have the right to contact the supervisory authority responsible for you, the respective state office for data protection supervision.
If you wish to assert any of the aforementioned rights against us, please contact our data protection officer. In case of doubt, we may request additional information to confirm your identity.
9. Am I obliged to provide data?
The processing of your data is necessary to conclude or fulfil your contract with us. If you do not provide us with this data, we will generally have to refuse to enter into the contract or will no longer be able to perform an existing contract and will therefore have to terminate it. However, you are not obliged to give your consent to data processing with regard to data which is not relevant for the fulfilment of the contract or which is not required by law.