quarzwerk 01 GmbH
Fax: +49 6203.679989.9
WHERE DO WE OBTAIN YOUR PERSONAL DATA FROM?
In principle, the collection of your data takes place on your premises. The processing of personal data provided by you is necessary to fulfil the contractual obligations arising from the contract concluded with us. Due to your duties to cooperate, it is unavoidable to provide the personal data requested by us, otherwise we will not be able to fulfil our contractual obligations.
Within the framework of pre-contractual measures (e.g. master data entry in the interested party process), the provision of your personal data is necessary. If the requested data is not provided by you, a contract cannot be concluded.
In order to provide our services, it may be necessary to process personal data that we have received from other companies or other third parties, e.g. your business partners or similar, as permitted and for the respective purpose.
Furthermore, we may process personal data from publicly accessible sources, e.g. websites, which we use legitimately and only for the respective contractual purpose.
PURPOSE AND LEGAL BASIS OF PROCESSING
The personal data provided by you will be processed in accordance with the provisions of the European Data Protection Ordinance (DS-GVO) and the Federal Data Protection Act (BDSG):
On the basis of a consent (according to Art. 6 para. 1 lit. a DS-GVO)
The purposes of processing personal data result from the granting of consent. Your consent can be revoked at any time with effect for the future. Consents granted before the validity of the DS-GVO (25 May 2018) can also be revoked. Processing that took place before the revocation remains unaffected by the revocation.
For the fulfilment of contractual obligations (according to Art. 6 para. 1 lit. b DS-GVO)
The purposes of data processing result on the one hand from the introduction of pre-contractual measures which precede a contractually regulated business relationship and on the other hand from the fulfilment of obligations from the contract concluded with you.
Due to legal requirements (according to Art. 6 para. 1 lit. c DS-GVO) or in the public interest (according to Art. 6 para. 1 lit. e DS-GVO)
The purposes of data processing result from legal requirements or are in the public interest (e.g. compliance with retention obligations).
Within the scope of the balancing of interests (according to Art. 6 para. 1 lit. f DS-GVO)
The purposes of the processing result from the protection of our legitimate interests. It may be necessary to process the data provided by you beyond the actual performance of the contract. Our legitimate interest may be used to justify the further processing of the data you provide, provided that your interests or fundamental rights and freedoms do not prevail. Our legitimate interest may be in individual cases: Enforcement of legal claims, defence against liability claims, prevention of criminal offences.
WHO RECEIVES THE PERSONAL DATA YOU PROVIDE?
Within our company, those areas receive access to the personal data provided by you, which are necessary for the fulfilment of contractual and legal obligations and which are entitled to process this data.
In fulfilment of the contract concluded with you, only those authorities will receive the data you have provided which they require for legal reasons, e.g. customs authorities.
Within the scope of our services, we commission contractors who contribute to the fulfilment of contractual obligations, e.g. IT partners, tax consultants, etc., to perform the services. We contractually oblige these contractors to observe professional confidentiality and to comply with the requirements of the DS-GVO and the BDSG.
WILL THE DATA YOU PROVIDE BE TRANSMITTED TO THIRD COUNTRIES OR INTERNATIONAL ORGANISATIONS?
The data you provide will not be transferred to a third country or an international organisation, unless the transfer is absolutely necessary for the performance of the contractually owed service.
DOES AUTOMATED DECISION MAKING INCLUDING PROFILING TAKE PLACE?
No fully automated decision making (including profiling) according to Art. 22 DS-GVO is used to process the data you provide.
PROCESSING DURATION (DELETION CRITERIA)
The data provided by you will be processed for as long as it is necessary to achieve the contractually agreed purpose, in principle as long as the contractual relationship with you exists. After termination of the contractual relationship, the data provided by you will be processed to comply with legal storage obligations or on the basis of our legitimate interests. After expiry of the legal retention periods and/or the loss of our legitimate interests, the data provided by you will be deleted.
Expected periods of the storage obligations applicable to us and our legitimate interests:
- Fulfilment of commercial, tax and professional retention periods. The periods for storage and documentation specified there range from two to ten years.
- Preservation of evidence under the statute of limitations. According to §§ 195 ff. of the German Civil Code (BGB), these limitation periods can be up to 30 years, whereby the regular limitation period is three years.
INFORMATION ABOUT YOUR RIGHTS
- Right to information according to Art. 15 DS-GVO:
Upon request, you have the right to receive information free of charge as to whether and what data about you is stored and for what purpose it is stored.
- Right to correction according to Art. 16 DS-GVO:
You have the right to request the person responsible to correct your incorrect personal data without delay. Taking into account the purposes of the processing, you have the right to request the completion of incomplete personal data - also by means of a supplementary declaration.
- Right to cancellation ("right to be forgotten") according to Art. 17 DS-GVO:
You have the right to demand that the person responsible delete your data immediately. The person responsible is obliged to delete personal data immediately if one of the following reasons applies:
- Purposes for which the personal data was collected no longer apply.
- You revoke your consent to the processing. There is no other legal basis for the processing.
- You object to the processing. There is no other legal basis for the processing.
- 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 have been collected in relation to information society services provided in accordance with Article 8(1).
- Right to restrict processing in accordance with Art. 18 DS-GVO & ARTICLE 35 BDSG:
You have the right to request a limitation of the processing if one of the following conditions is met:
- You doubt the accuracy of the personal data.
- The processing is unlawful, but you refuse to delete it.
- Personal data is no longer required for the purposes of processing; however, you will need the data to assert, exercise or defend legal claims.
- You have filed an objection against the processing pursuant to Art. 21 para. 1 DS-GVO. As long as it has not yet been determined whether the legitimate reasons of the responsible person outweigh you, the processing will be restricted.
- Right to data transferability in accordance with Art. 20 DS-GVO:
You have the right to receive the data provided by you in a structured, common and machine-readable format from the person responsible. A forwarding to another responsible person may not be hindered by us.
- Right of objection according to Art. 21 DS-GVO:
To do this, please contact the person responsible for processing (see above)
- Right of appeal to the supervisory authority pursuant to Art. 13 para. 2 lit. d, 77 DS-GVO i. V. m § 19 BDSG:
If you believe that the processing of your data violates the DS-GVO, you have the right to lodge a complaint with the regulatory authority. For this purpose, please contact the responsible supervisory authority
- Withdrawal of consent pursuant to Art. 7 para. 3 DS-GVO:
If the processing is based on your consent in accordance with Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. a (processing of special categories of personal data), you are entitled to withdraw the appropriately bound consent at any time without affecting the legality of the processing carried out on the basis of the consent until revocation.