Data Protection Declaration IVM Ingo von Minden Engineering Office and Industrial Representations Date: 2018-05-21 Version: 1.01 Data Protection Declaration We are pleased about your interest in our company. Data protection has a particularly high priority for the company IVM Ingo von Minden Engineering office and industrial representations. Using our website is possible without any indication of personal data. If someone wants to engage particular services of our company via our website, however the processing of personal data could be necessary. If the processing of personal data is required and no legal basis for such processing exists, we generally obtain a consent of the person concerned. The processing of personal data, for example the name, address, email address or telephone number of a person concerned, is always carried out in accordance with the General Data Protection Regulation (GDPR) of the European Union and in accordance with the country-specific privacy policy applicable to the company IVM Ingo von Minden Engineering office and industrial representations. By means of this privacy policy, our company would like to inform about type, scope and purpose of personal data we have collected, used and processed. In addition, persons concerned are to inform about their rights by this declaration. The company IVM Ingo von Minden Engineering office and industrial representations has implemented a number of technical and organizational measures as person responsible for the as far as possible complete protection of personal data processed via our website. However, internet-based data transfers can show security gaps so that absolute protection cannot be guaranteed. Therefore every affected person is free to convey personal information on alternative routes, for example by telephone. I. Definitions This privacy statement is based on terms which were used by the european directives and regulatory bodies for the adoption of the General Data Protection Regulation (GDPR). Our privacy statement should be easily to read and to understand for the public as well as for our customers and business partners. To ensure this, we would like to explain the used terms in advance. If you find references to statutory provisions without exact indication of the respective law below, the GDPR is meant... We use among other things the following terms in this privacy policy. 1) Personal Data Personal data are all informations 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 a name, an identification number, location data, an online identifier or one or more special characteristics which express the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person. 2) Person concerned Person concerned (or „Data subject“) is any identified or identifiable natural person whose personal data are processed by the controller. 3) Processing 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, organisation, sorting, storage, adaptation or alteration, reading, retrieval, use, disclosure by transmission, dissemination or any other form of provision, comparison or linking, restriction, erasure or destruction. 4) Restriction of Processing Restriction of processing is the marking of stored personal data with the aim of restricting their future processing. 5) Profiling 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. 6) Pseudonymization Pseudonymization is the processing of personal data in such a way that 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. 7) Person in Charge or Person responsible for the Processing (Controller) The 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 specified by union law or by the law of the member states, the controller or the specific criteria for its designation may be laid down in accordance with union law or the law of the member states. 8) Processor Processor is a natural or legal person, authority, institution or other body that processes personal data on behalf of the data controller. 9) Recipient 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. 10) Third Party A third party is a natural or legal person, authority, institution or other body than the data subject, the data processor and the persons authorized to process the personal data and who are under the direct responsibility of the data processor. 11) Consent Consent shall mean any informed and unequivocal expression of will voluntarily given by the data subject in the particular case in the form of a declaration or other clear affirmative act by which the data subject indicates his or her consent to the processing of personal data concerning him or her. II. Name and Address of the Controller The person responsible 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 regarding data protection is: IVM Ingo von Minden Engineering office and industrial representations Saseler Bogen 10 22393 Hamburg Germany Phone: +49 (0) 40 / 60012970 E-mail: info@ivm-minden.de Website: www.ivm-minden.de III. Contact Details of the Data Protection Officer Ingo von Minden IVM Ingo von Minden Engineering office and industrial representations Saseler Bogen 10 22393 Hamburg Germany Phone: +49 (0) 40 / 60012970 E-mail: ivm@ivm-minden.de Website: www.ivm-minden.de Any person concerned can contact our data protection officer directly at any time with any questions or suggestions regarding data protection. IV. Visiting our Website When visiting the website of IVM Ingo von Minden Engineering office and industrial representations, the latter collects a series of general data and information each time a person or an automated system visits the website. This general data and information is stored in the log files of the server. These are: Browser types and versions used The operating system used by the accessing system The website from which an accessing system reaches our website The subwebsites which are accessed via an accessing system on our website Date and time of access to the website An internet protocol (IP) address The internet service provider of the accessing system Other similar data and information used for security purposes in the event of attacks on our information technology systems IVM Ingo von Minden Engineering office and industrial representations does not draw any conclusions about the person concerned when using this general data and information. Rather, this information is required to (a) correctly deliver the contents of our website, (b) optimize the contents of our website and the advertising for it, (c) ensure the permanent functionality of our information technology systems and the technology of our website and (d) provide law enforcement authorities with the information necessary for criminal prosecution in the event of a cyber attack. Data and informations collected anonymously by IVM Ingo von Minden Engineering office and industrial representations are therefore evaluated statistically and with the aim of increasing data protection and data security in our company in order to ensure ultimately an optimum 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. V. Contact via our Website Due to legal regulations the website of IVM Ingo von Minden Engineering office and industrial representations contains information which enables to contact our company electronically and to communicate directly with us, also included a general address for 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 a 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. VI. 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 legislators 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 regulation giver or another competent legislator expires, the personal data is routinely blocked or deleted in accordance with the statutory provisions. VII. Analysis Services: Cookies and Tracking 1) Cookies The website of IVM Ingo von Minden Engineering Office and industrial representations uses cookies. Cookies are text files which are stored on a computer system via an internet browser. Many websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a string of characters through which internet pages and servers can be assigned to the specific internet browser in which the cookie was stored. This enables the visited internet pages and servers to distinguish the individual browser of the person concerned from other internet browsers that contain other cookies. A particular internet browser can be recognized and identified by its unique cookie ID. By using cookies, IVM Ingo von Minden Engineering office and industrial representations can provide users of this website with more user-friendly services that would not be possible without setting cookies. By means of a cookie, the information and offers on our website can be optimized for the user. Cookies enable us, as already mentioned, to recognize the users of our website. The purpose of this recognition is to make it easier for users to use our website. For example, the user of a website that uses cookies does not have to re-enter his access data each time he visits the website because this is taken over by the website and the cookie stored on the user's computer system. Another example is the cookie of a shopping basket in the online shop. The online shop remembers the items that a customer has placed in the virtual shopping basket via a cookie. The person concerned can prevent the setting of cookies by our website at any time by means of an appropriate setting of the internet browser used and thus permanently object to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via an internet browser or other software programs. This is possible in all common internet browsers. If the person concerned deactivates the setting of cookies in the internet browser used, not all functions of our internet site may be fully usable. 2) Google Analytics We also use Google Analytics, a web analysis service of Google Inc. (1600 Amphitheatre Parkway Mountain View, CA 94043, USA; hereinafter "Google"). Google Analytics also uses "cookies", which are text files placed on your computer to help the website analyze how users use the site. The information generated by the cookie about your use of this website is usually transferred to a Google server in the USA and stored there. However, if IP anonymization is activated on this website, Google will reduce your IP address within member states of the European Union or in other states party to the Agreement on the European Economic Area beforehand. Only in exceptional cases the full IP address will be transmitted to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide the website operator with other services relating to website and internet use. The IP address transmitted by your browser in the context of Google Analytics is not merged with other Google data. On our behalf, Google will use this information to evaluate your use, compile reports on website activity and provide us with other services relating to your use of the website. The legal basis for the use of Google Analytics is article 6 (1) point f GDPR. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you will not be able to use the full functionality of this website. In addition, you can also specify the data entered by the Cookie and data related to your use of the website (including your IP address) to Google as well as the processing of this data by Google by downloading and installing the browser plug-in available under the following link: http://tools.google.com/dlpage/gaoptout?hl=en Further information on data protection in connection with Google Analytics can be found in the Google Analytics help under the following link: https://support.google.com/analytics/answer/6004245?hl=en VIII. Plugins and Tools 1) YouTube Our website uses plugins from Google's YouTube site. This website is operated by YouTube, LLC, 901 Cherry Ave, San Bruno, CA 94066, USA. If you visit one of our pages equipped with a YouTube plugin, a connection to the YouTube servers is established. The YouTube server is informed which of our pages you have visited. If you are logged into your YouTube account, you allow YouTube to associate your surfing behavior directly with your personal profile. You can prevent this by logging out of your YouTube account. The use of YouTube is in the interest of an appealing presentation of our online offers. For more information on how we handle user data, please see YouTube's privacy policy at: https://www.google.de/intl/de/policies/privacy 2) Google Web Fonts This site uses so-called web fonts provided by Google to uniformly display fonts. When you call up a page, your browser loads the required web fonts into your browser cache to display texts and fonts correctly. To do this, the browser you are using must connect to Google's servers. This gives Google knowledge that our website has been accessed via your IP address. The use of Google Web Fonts is in the interest of a uniform and appealing presentation of our online offers. If your browser does not support web fonts, a default font is used by your computer. Further information about Google Web Fonts can be found at: https://developers.google.com/fonts/faq and in Google's privacy policy: https://www.google.com/policies/privacy/ 3) Google Maps This page uses the map service Google Maps via an API. The provider is Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. To use the functions of Google Maps it is necessary to save your IP address. This information is usually transferred to a Google server in the USA and stored there. The provider of this site has no influence on this data transmission. The use of Google Maps is in the interest of an appealing representation of our online offers and at an easy findability of the places indicated by us on the website. You can find more information on the handling of user data in Google's data protection declaration: https://www.google.de/intl/de/policies/pr 4) XING The "XING Share Button" is used on this website. When you access this website, your browser is used to establish a short-term connection to XING SE servers ("XING"), with which the "XING Share Button" functions (in particular the calculation/display of the meter value) are performed. XING does not store any personal data about you when you access this website. In particular, XING does not store any IP addresses. There is also no evaluation of your usage behaviour via the use of cookies in connection with the "XING Share Button". The latest data protection information on the "XING Share Button" and additional information can be called up on this website: https://www.xing.com/app/share?op=data_protection IX. Rights of the Data Subject 1) 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. 2) 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 a copy of that information. Furthermore, the european regulator has granted the data subject the following information: a. The processing purposes b. The categories of personal data which are processed c. The recipients or categories of recipients to whom the personal data have been disclosed or are still being disclosed, in particular recipients in third countries or international organisations d. 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 e. The existence of a right of rectification or deletion of personal data concerning him or of a restriction on processing by the controller or of a right of opposition to such processing f. The existence of a right of appeal to a supervisory authority g. If the personal data is not collected from the data subject: All available information about the origin of the data h. The existence of automated decision-making, including profiling in accordance with article 22 (1) and (4) GDPR and - at least in these cases - meaningful information on the logic involved and the scope and intended effects of such processing for the data subject i. Furthermore, the data subject has a right of access to information 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. 3) Right of Correction Any person who is data subject to the processing of personal data shall have the right which is granted by the european legislator 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. If a data subject wishes to exercise this right of rectification, he or she may contact an employee of the controller at any time. 4) Right of Deletion (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 require the data controller to request that the personal data concerning him/her be deleted immediately, provided that one of the following reasons applies and insofar as the processing is not necessary: a. The personal data have been collected or otherwise processed for such purposes for which they are no longer necessary. b. The data subject withdraws his/her consent on which the processing was based pursuant to article 6 (1) point a GDPR or Article 9 (2) point a GDPR and there is no other legal basis for the processing. c. The data subject opposes processing under article 21 (1) GDPR and there are no overriding legitimate reasons for processing or the data subject opposes processing under Article 21 (2) GDPR. d. The personal data have been processed unlawfully. e. 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. f. The personal data was collected in relation to information society services offered in accordance with article 8 (1) GDPR. If one of the above-mentioned reasons applies and a person concerned deletes personal data that was collected by IVM Ingo von Minden Engineering office and industrial representations the person may contact an employee of the controller at any time. The employee of IVM Ingo von Minden Engineering office and industrial representations will arrange immediately for the request for deletion to be complied. If the personal data was made public by IVM Ingo von Minden Engineering office and industrial representations and our company is responsible according to article 17 (1) GDPR, IVM Ingo von Minden Engineering office and industrial representations takes appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform other data processors who process the 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 processors, insofar as the processing is not necessary. The employee of IVM Ingo von Minden Engineering office and industrial representations will take the necessary steps in individual cases. 5) Right to limitate Processing Any person who is data 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 of personal data if one of the following conditions is met: a. The accuracy of the personal data is disputed by the data subject for a period that enables the data controller to verify the accuracy of the personal data. b. The processing is unlawful, the data subject refuses to delete the personal data and instead requests that the use of the personal data is to restrict. c. 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. d. The data subject has lodged an objection to the processing pursuant to article 21 (1) GDPR and it has not yet been determined whether the legitimate reasons of the data subject outweigh those of the controller. If one of the above conditions is fulfilled and a data subject wishes to request the restriction of personal data stored at IVM Ingo von Minden Engineering office and industrial representations, he can contact an employee of the data controller at any time. The employee of IVM Ingo von Minden Engineering office and industrial representations will arrange for processing to be restricted. 6) Right of Data Transferability Any data subject 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. It also has the right to transmit this data to another data controller without obstruction by the data controller to whom the personal data have been provided, provided that the processing is based on the consent provided for in article 6 (1) point a GDPR or article 9 (2) point a GDPR or a contract as referred to in Article 6 (1) point b GDPR and processing is carried out using automated procedures, provided that the processing is not necessary for the performance of a task in the public interest or in the exercise of official authority conferred on the controller. Furthermore, in exercising his right to data transferability pursuant to Article 20 (1) GDPR, the data subject has the right to obtain that the personal data be 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 to data transferability, the person concerned can contact an employee of IVM Ingo von Minden Engineering office and industrial representations at any time. 7) 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 (1) point e or point f GDPR. This also applies to profiling based on these provisions. IVM Ingo von Minden Engineering office and industrial representations will no longer process personal data in the event of an objection, unless we can prove compelling reasons worthy of protection for the processing, which outweigh the interests, rights and freedoms of the person concerned, or the processing serves to assert, exercise or defend legal claims. If IVM Ingo von Minden Engineering office and industrial representations processes personal data in order to carry out direct advertising, the person concerned has the right to object at any time to the processing of the 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 IVM Ingo von Minden Engineering office and industrial representations processing for direct advertising purposes, IVM Ingo von Minden Engineering office and industrial representations will no longer process the personal data for these purposes. In addition, the data subject has the right to object to the processing of personal data concerning him/her which is carried out at IVM Ingo von Minden Engineering office and industrial representations for scientific or historical research purposes or for statistical purposes pursuant to article 89 (1) GDPR, for reasons arising from his particular situation, unless such processing is necessary to fulfil a task in the public interest. To exercise the right of objection, the person concerned may directly contact any employee of IVM Ingo von Minden Engineering office and industrial representations. The data subject shall also be free to exercise his right of opposition in relation to the use of information society services by means of automated procedures using technical specifications, notwithstanding Directive 2002/58/EC. 8) Automated Decisions in individual Cases including Profiling Any person data 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 law or under law of member state 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 fulfilment of a contract between the data subject and the data controller or (2) if it is taken with the express consent of the data subject, IVM Ingo von Minden Engineering office and industrial representations will take appropriate measures to safeguard the rights and freedoms as well as the legitimate interests of the data subject including at least the right to obtain the intervention of a data controller to state his own position and to contest the decision. If the data subject wishes to assert rights relating to automated decisions he or she may contact an employee of the controller at any time. 9) 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 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. X. 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 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 prevent the deletion. Other legitimate interest in this sense is for example, a burden of proof in proceedings under the General Equal Treatment Act (AGG). XI. Legal Basis of the Processing Article 6 (1) point a GDPR serves our company as a legal basis for processing operations for which we obtain consent for a specific processing purpose. Is the processing of personal data necessary for the performance of a contract to which the data subject is a party, for example in the case of processing operations necessary for the supply of goods or the provision of other services or consideration, processing is based on article 6 (1) point b GDPR. The same applies to such processes that are necessary to carry out pre-contractual measures, for example in cases of inquiries 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 art. 6 (1) point c 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 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 (1) point d GDPR. Ultimately, processing operations could be based on article 6 (1) point f 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 person responsible (recital 47 second sentence GDPR). XII. Legitimate Interests in the Processing pursued by the Controller or a third Party If the processing of personal data is based on article 6 (1) point f GDPR, it is in our legitimate interest to conduct our business for the well-being of all our employees. XIII. Duration of Data Storage 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. XIV. Legal or contractual Requirement 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 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 informs the person concerned in each individual case whether the provision of the personal data is required by law or contract or is necessary 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. XV. Existence of automated Decision-making As a responsible company we do without automatic decision-making or profiling.
IVM Ingo von Minden Ingenieurbüro und Industrievertretungen
Saseler Bogen 10, 22393 Hamburg Tel.: 040/60012970, Fax.: 040/60012971 E-mail: info(at)ivm-minden.de