1 INTRODUCTION
2 DEFINITIONS
3 NAME AND ADDRESS OF THE CONTROLLER
4 CONTACT DETAILS OFT HE DATA PROTECTION OFFICER
5 WEBSITE
5.1 Collection of General Data and Information
5.2 Contact Options via the Website
6 ROUTINE ERASURE AND BLOCKING OF PERSONAL DATA
7 RIGHTS OF THE DATA SUBJECTS
8 DATA PROTECTION FOR APPLICATIONS AND THE RECRUITMENT PROCESS
9 LEGAL BASIS FOR PROCSESSING
10 LEGITIMATE INTERESTS PURSUED
11 DURATION OF STORAGE
12 STATUARY OR CONTRACTUAL REQUIREMENTS FOR PERSONAL DATA PROVISION
13 EXISTENCE OF AUTOMATED DECISION-MAKING
We are very pleased about your interest in our company. Data protection is of particularly high importance for the management of AS Schöler GmbH. The use of our website is generally possible without providing any personal data. However, if a data subject wishes to use special services of our company via the website, the processing of personal data may become necessary. If the processing of personal data is necessary and no legal basis exists for such processing, we will generally obtain consent from the data subject.
The processing of personal data—for example, the name, address, email address, or telephone number of a data subject—is always carried out in accordance with the General Data Protection Regulation (GDPR) and in compliance with the country-specific data-protection regulations applicable to AS Schöler GmbH. By means of this privacy policy, our company wishes to inform the public about the type, scope, and purpose of the personal data we collect, use, and process. Furthermore, data subjects are informed of their rights.
AS Schöler GmbH, as controller, has implemented numerous technical and organisational measures to ensure the most complete protection possible of personal data processed via this website. Nevertheless, internet-based data transmissions may generally have security gaps, meaning that absolute protection cannot be guaranteed. For this rea-son, every data subject is free to transmit personal data to us via alternative means, for example by telephone.
Wir verwenden in dieser Datenschutzerklärung unter anderem die folgenden Begriffe: The privacy policy of AS Schöler GmbH is based on the terms used by the European legislator when adopting the GDPR. Our privacy policy should be easy to read and understand for both the public and our customers and business partners. To ensure this, we explain the terminology below.
a) Personal data
Personal data are all information relating to an identified or identifiable natural person (hereinafter “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) Data subject
Data subject is any identified or identifiable natural person whose personal data are processed by the controller.
c) Processing
Processing is any operation or set of operations performed on 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, eras-ure or destruction.
d) Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of limiting their future processing.
e) Profiling
Profiling is any type of automated processing of personal data that consists of using these personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects regarding work performance, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements of that natural person.
f) Pseudonymisation
Pseudonymization is the processing of personal data in such a way 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 organizational measures to ensure that the personal data are not assigned to an identified or identifiable natural person.
g) Controller
The controller or data controller is the natural or legal person, authority, institution, 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 law or Member State law, the controller or the specific criteria for their nomination may be provided for by Union law or Member State law.
h) Processor
A processor is a natural or legal person, public authority, agency, or other body that processes personal data on behalf of the controller.
i) Recipient
A recipient is a natural or legal person, authority, agency, or other body to whom personal data is disclosed, regardless of whether it is a third party or not. However, authorities that may receive personal data in the context of a particular investigative mandate under Union law or the law of Member States are not considered recipients.
j) Third Party
A third party is a natural or legal person, authority, agency, or other body other than the data subject, the controller, the processor, and the persons who, under the direct authority of the controller or processor, are authorized to process personal data.
k) Consent
Consent is any freely given, specific, informed, and unambiguous indication of the data subject’s wishes by which they, by a statement or by a clear affirmative action, signify agreement to the processing of personal data relating to them.
The controller within the meaning of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union, and other regulations of a data protection nature is:
AS Schöler GmbH
Gewerkenstraße 1
D-58456 Witten
Deutschland
Tel.: +492302970050
E-Mail: info@as-schoeler.com
Website: www.as-schoeler.com
The data protection officer of the controller can be reached as follows:
E-Mail: datenschutz@as-schoeler.com
Website: https://www.as-schoeler.com/download/data-privacy-AS-Schoeler.pdf
Any data subject may contact our data protection officer directly at any time with any questions or suggestions regarding data protection.
5.1 Collection of General Data and Information
The website of AS Schöler GmbH collects a range of general data and information each time the website is accessed by a data subject or an automated system. This general data and information are stored in the server’s log files. The following may be recorded:
• the browser types and versions used,
• the operating system used by the accessing system,
• the website from which an accessing system arrived at our website (so-called referrer),
• the sub-websites that are accessed on our website via an accessing system,
• the date and time of access to the website,
• an Internet Protocol address (IP address),
• the Internet service provider of the accessing system, and
• other similar data and information that serve to protect against dangers in the event of attacks on our information technology systems.
When using this general data and information, AS Schöler GmbH does not draw any conclusions about the data subject. Instead, this information is needed to (1) deliver the contents of our website correctly, (2) optimize the contents of our website as well as advertising for it, (3) ensure the long-term functionality of our information technology systems and the technology of our website, and (4) provide law enforcement authorities with the information necessary for prosecution in the event of a cyberattack. These anonymously collected data and information are therefore evaluated by AS Schöler GmbH both statistically and with the aim of increasing data protection and data security in our company, ultimately to ensure an optimal level of protection for the personal data we process. The anonymous data from the server log files are stored separately from all personal data provided by a data subject.
The website of AS Schöler GmbH contains, due to legal requirements, information that enables quick electronic contact with our company as well as direct communication with us, which also includes a general address for so-called electronic mail (email address). If a data subject contacts the controller by email or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the controller are stored for the purpose of processing or contacting the data subject. There is no disclosure of this personal data to third parties.
The controller processes and stores the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is provided for by the European directives and regulations or another legislator in laws or regulations to which the controller is subject. If the purpose of storage no longer applies, or if a storage period prescribed by the European directives and regulations or another competent legislator expires, the personal data will be routinely blocked or deleted in accordance with the legal provisions.
a) Right to Confirmation
Every data subject has the right, granted by the European directives and regulations, to obtain confirmation from the controller as to whether personal data concerning them is being processed. If a data subject wishes to exercise this right to confirmation, they may contact our data protection officer or another employee of the controller at any time.
b) Right of access
Any person affected by the processing of personal data has the right, granted by the European directives and regulations, to obtain, at any time and free of charge, information from the controller about the personal data stored concerning them, as well as a copy of this information. Furthermore, the European directives and regulations grant the affected person the right to information regarding the following:
• the purposes of 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 in the case of recipients in third countries or international organizations
• if possible, the planned duration for which the personal data will be stored, or, if this is not possible, the criteria used to determine this duration
• the existence of a right to rectification or erasure of the personal data concerning them, or to restriction of processing by the controller, or a right to object to such processing
• the existence of a right to lodge a complaint with a supervisory authority
• if the personal data are not collected from the affected person: all available information about the source of the data
• the existence of automated decision-making, including profiling as referred to in Article 22(1) and (4) of the 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 affected person
The affected person also has the right to be informed whether personal data have been transferred to a third country or to an international organization. If this is the case, the affected person also has the right to be informed about the appropriate safeguards related to the transfer.
If an affected person wishes to exercise this right to information, they may contact our data protection officer or another employee of the controller at any time.
c) Right of rectification
Every individual affected by the processing of personal data has the right, granted by the European legislator, to request the immediate correction of inaccurate personal data concerning them. Furthermore, the affected person has the right, considering the purposes of the processing, to request the completion of incomplete personal data—including by means of a supplementary statement.
If an affected person wishes to exercise this right to rectification, they may contact our data protection officer or another employee of the controller at any time.
d) Right to erasure (“right to be forgotten”)
Any person affected by the processing of personal data has the right, granted by European directives and regulations, to request from the controller that their personal data be deleted without undue delay, provided one of the following reasons applies and the processing is not necessary:
• The personal data were collected or otherwise processed for purposes for which they are no longer necessary.
• The affected person withdraws their consent on which the processing was based according to Article 6(1)(a) GDPR or Article 9(2)(a) GDPR, and there is no other legal basis for the processing.
• The affected person objects to the processing according to Article 21(1) GDPR, and there are no overriding legitimate reasons for the processing, or the affected person objects to the processing according to Article 21(2) GDPR.
• The personal data were processed unlawfully.
• The deletion of personal data is required to fulfill a legal obligation under Union law or the law of the Member States to which the controller is subject.
• The personal data were collected in relation to the services offered by the information society according to Article 8(1) GDPR.
If one of the above reasons applies and an affected person wishes to have personal data stored by AS Schöler GmbH deleted, they may contact our data protection officer or another employee of the controller at any time. The data protection officer of AS Schöler GmbH or another employee will ensure that the deletion request is fulfilled without delay.
If personal data has been made public by AS Schöler GmbH and our company, as the controller, is required to delete the personal data in accordance with Article 17(1) GDPR, AS Schöler GmbH will take reasonable steps, including technical measures, taking into account available technology and implementation costs, to inform other controllers who are processing the published personal data that the affected person has requested the deletion of all links to these personal data or copies or replications of these personal data, as far as processing is not necessary. The data protection officer of AS Schöler GmbH or another employee will do what is necessary in each individual case.
e) Right of restriction of processing
Any individual affected by the processing of personal data has the right, granted by the European directives and regulations, to request that the controller restrict the processing if one of the following conditions is met:
• 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, the data subject opposes the erasure of the personal data and instead requests the restriction of their use.
• The controller no longer needs the personal data for the purposes of processing, but the data subject requires them for the establishment, exercise, or defense of legal claims.
• The data subject has objected to the processing pursuant to Article 21(1) GDPR and it has not yet been determined whether the legitimate grounds of the controller override those of the data subject.
If one of the above conditions applies and a data subject wishes to request the restriction of personal data stored by AS Schöler GmbH, they may contact our data protection officer or another employee of the controller at any time. The data protection officer of AS Schöler GmbH or another employee will arrange for the restriction of processing.
f) Right of data portability
Any individual affected by the processing of personal data has the right, granted by the European legislator, to receive the personal data concerning them, which they have provided to a controller, in a structured, commonly used, and machine-readable format. They also have the right to transmit those data to another controller without hindrance from the controller to whom the personal data were provided, as long as the processing is based on consent in accordance with 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 in the public interest or in the exercise of official authority vested in the controller.
Furthermore, when exercising their right to data portability under 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 provided that the rights and freedoms of others are not adversely affected.
To assert the right to data portability, the data subject may contact the data protection officer appointed by AS Schöler GmbH or another employee at any time.
g) Right to object
Any individual affected by the processing of personal data has the right, granted by the European directives and regulations, to object at any time to the processing of their personal data on grounds arising from their particular situation, if the processing is based on Article 6(1)(e) or (f) GDPR. This also applies to profiling based on these provisions.
AS Schöler GmbH will no longer process the personal data in the event of an objection, unless we can demonstrate compelling legitimate grounds for the processing that override the interests, rights, and freedoms of the data subject, or the processing serves the establishment, exercise, or defense of legal claims.
If AS Schöler 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 for such marketing. This also applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to the processing for direct marketing purposes, AS Schöler GmbH will no longer process the personal data for these purposes.
Additionally, the data subject has the right, on grounds arising from their particular situation, to object to the processing of personal data concerning them by AS Schöler GmbH for scientific or historical research purposes or for statistical purposes according to Article 89(1) GDPR, unless such processing is necessary for the performance of a task carried out for reasons of public interest.
To exercise the right to object, the data subject may contact the data protection officer of AS Schöler GmbH or another employee directly. The data subject is also free, in connection with the use of information society services, regardless of Directive 2002/58/EC, to exercise their right to object by automated means using technical specifications.
h) Right related to automated decision-making
Any person affected by the processing of personal data has the right, granted by European directives and regulations, not to be subject to a decision based solely on automated processing—including profiling—that produces legal effects concerning them or similarly significantly affects them, unless the decision (1) is necessary for entering into or performing a contract between the data subject and the controller, or (2) is authorized by Union or Member State law to which the controller is subject and such laws provide appropriate measures to safeguard the rights and freedoms and legitimate interests of the data subject, or (3) is made with the explicit consent of the data subject.
If the decision (1) is necessary for entering into or performing a contract between the data subject and the controller, or (2) is made with the explicit consent of the data subject, AS Schöler GmbH will take appropriate measures to safe-guard the rights and freedoms as well as the legitimate interests of the data subject. These measures shall include, at a minimum, the right to obtain human intervention on the part of the controller, the right to express their point of view, and the right to contest the decision.
If the data subject wishes to assert rights relating to automated decisions, they may contact our data protection officer or another employee of the controller at any time.
i) Right to withdraw consent
Every individual affected by the processing of personal data has the right, granted by the European legislator for directives and regulations, to revoke their consent to the processing of personal data at any time.
If the data subject wishes to exercise their right to withdraw consent, they may contact our data protection officer or another employee of the controller at any time.
According to Article 77 of the GDPR, you have the right to lodge a complaint with a supervisory authority if you believe that the processing of your personal data is not lawful.
In the event of violations of data protection regulations, the data subject has the right to file a complaint with the competent supervisory authority.
The competent supervisory authority for data protection matters the:
Landesbeauftragte für Datenschutz und Informationsfreiheit Nordrhein-Westfalen (LDI NRW):
https://www.ldi.nrw.de/
Postfach 20 04 44
40102 Düsseldorf
E-Mail: poststelle@ldi.nrw.de
The controller collects and processes the personal data of applicants for the purpose of managing the application process. Processing may also be carried out electronically. This is especially the case if an applicant submits relevant application documents electronically, for example by email or through a web form on the website, to the controller. If the controller concludes an employment contract with an applicant, the submitted data will be stored for the purpose of handling the employment relationship in compliance with legal provisions. If the controller does not conclude an employment contract with the applicant, the application documents will be automatically deleted two months after notification of the rejection decision, provided that there are no other legitimate interests of the controller that prevent deletion. Such a legitimate interest, for example, would be the need to provide evidence in proceedings under the General Equal Treatment Act (AGG).
Article 6(1)(a) of the GDPR serves as the legal basis for our company in cases 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 required for the delivery of goods or the provision of another service or return service—the processing is based on Article 6(1)(b) of the GDPR. The same applies to processing operations that are necessary for carrying out pre-contractual measures, such as inquiries about our products or services. If our company is subject to a legal obligation that requires the processing of personal data, for example, to fulfill tax obligations, the processing is based on Article 6(1)(c) of the 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 were injured on our premises and, as a result, their name, age, health insurance data, or other vital information had to be passed on to a doctor, hospital, or other third party. In this instance, the processing would be based on Article 6(1)(d) of the GDPR. Finally, processing operations could be based on Article 6(1)(f) of the GDPR. This legal basis applies to processing operations 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 a third party, provided those interests are not overridden by the interests or fundamental rights and freedoms of the data subject. Such processing operations are specifically permitted because the European legislator has particularly mentioned them. In this regard, the legislator considered that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47, sentence 2, of the GDPR).
If the processing of personal data is based on Article 6(1)(f) of the GDPR, our legitimate interest is the conduct of our business activities for the benefit of the well-being of all our employees and our shareholders.
The criterion for the duration of the storage of personal data is the respective statutory retention period. After the period has expired, the corresponding data will be routinely deleted, provided they are no longer required for the fulfillment or initiation of a contract.
We inform you that the provision of personal data is in some cases required by law (e.g., tax regulations) or may also result from contractual provisions (e.g., information about the contractual partner). In certain instances, it may be necessary for the conclusion of a contract that a data subject provides us with personal data, which we then need to process. For example, the data subject is obliged to provide us with personal data when our company enters into a contract with them. Failure to provide the necessary personal data would mean that the contract with the data subject could not be concluded. Before providing personal data, the data subject must contact our data protection officer. Our data protection officer will, on a case-by-case basis, inform the data subject whether the provision of personal data is required by law or contract, or is necessary for the conclusion of a contract, whether there is an obligation to provide the personal data, and what the consequences would be of not providing the personal data.
As a responsible company, we do not engage in automated decision-making or profiling.
