PRIVACY J. MÜLLER CHARTERING GMBH
Information according to §5 TMG:
J. Müller Chartering GmbH
Neustadststraße 15
26919 Brake
Managing directors:
Karsten Bolles, Clemens Sommerfeld
Contact:
Phone: +49 (0) 421 37709 802
E-Mail: chartering@jm-chartering.de
Name and contact details of the data protection officer
privacyguard@tuvit.de
General information on data processing
1. scope of the processing of personal data
We collect and use our users' personal data only to the extent necessary to provide a functional website and our content and services. Furthermore, the collection and use of personal data of our users only takes place regularly with the consent of the user. An exception applies in cases where prior consent cannot be obtained for factual reasons and the processing of the data is permitted by law.
2 Legal basis for the processing of personal data
Insofar as we obtain the consent of the data subject for the processing of personal data, Art. 6 para. 1 lit. a EU General Data Protection Regulation (GDPR) serves as the legal basis. When processing personal data that is necessary for the fulfilment of a contract to which the data subject is a party, Art. 6 para. 1 lit. b GDPR serves as the legal basis. This also applies to processing operations that are necessary for the implementation of pre-contractual measures. Insofar as the processing of personal data is necessary to fulfil a legal obligation to which our company is subject, Art. 6 para. 1 lit. c GDPR serves as the legal basis. In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d GDPR serves as the legal basis. If the processing is necessary to safeguard a legitimate interest of our company or a third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh the first-mentioned interest, Art. 6 para. 1 lit. f GDPR serves as the legal basis for the processing.
3 Data erasure and storage duration
The personal data of the data subject will be erased or blocked as soon as the purpose of storage no longer applies. Data may also be stored if this has been provided for by the European or national legislator in EU regulations, laws or other provisions to which the controller is subject. The data will also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless there is a need for further storage of the data for the conclusion or fulfilment of a contract.
Provision of the website and creation of log files
1. description and scope of data processing
Our websites are hosted by the service provider Hetzner Online GmbH. When our websites are accessed, data is collected by the hosting service provider's system. Hetzner Online GmbH states the following: ‘For data protection reasons, the host name or IP address of the client accessing your website is anonymised in the log files. In the log files, only the entries for the host of the client or, if this cannot be determined, the IP address of the client are anonymised. Only the last 6 weeks are available for selection.’ Hetzner Online GmbH itself states the following about the storage of page views: ‘When visitors access your website, the IP addresses of these visitors are recorded and stored in log files. Hetzner (the hoster) stores the IP addresses of visitors for a maximum of seven days to detect and defend against attacks.’ Each time our website is accessed, the system (Hetzner server) automatically collects data and information from the computer system of the accessing computer.
The following data is collected:
(1) Information about the browser type and version used
(2) The user's operating system
(3) The user's internet service provider
(4) The IP address of the user
(5) Date and time of access
(6) Websites from which the user's system accesses our website
(7) Websites that are accessed by the user's system via our website
2. legal basis for data processing
The legal basis for the temporary storage of data is Art. 6 para. 1 lit. f GDPR.
3. purpose of data processing
The temporary storage of the IP address by the system is necessary to enable the website to be delivered to the user's computer. For this purpose, the user's IP address must remain stored for the duration of the session. The data is stored in log files to ensure the functionality of the website. We also use the data to optimise the website and to ensure the security of our information technology systems. The data is not analysed for marketing purposes in this context. These purposes also constitute our legitimate interest in data processing in accordance with Art. 6 para. 1 lit. f GDPR.
4. duration of storage
The data is deleted as soon as it is no longer required to fulfil the purpose for which it was collected. In the case of the collection of data for the provision of the website, this is the case when the respective session has ended. If the data is stored in log files, this is the case after seven days at the latest. Storage beyond this period is possible. In this case, the IP addresses of the users are deleted or anonymised so that it is no longer possible to identify the accessing client. According to Hetzner Online GmbH, the log files can be analysed in anonymised form for a maximum of 6 weeks.
5. possibility of objection and removal
The collection of data for the provision of the website and the storage of data in log files is absolutely necessary for the operation of the website. Consequently, there is no possibility for the user to object.
Use of cookies
a) Description and scope of data processing
Our website uses cookies. Cookies are text files that are stored in the Internet browser or by the Internet browser on the user's computer system. When a user accesses a website, a cookie may be stored on the user's operating system. This cookie contains a characteristic string of characters that enables the browser to be uniquely identified when the website is called up again.
We use cookies (technical cookies) to make our website more user-friendly. Some elements of our website require that the accessing browser can be identified even after a page change. The following data is stored and transmitted in the cookies:
(1) Language settings
(2) Log-in information
(3) Technical information on the operation of the site
b) Legal basis for data processing
The legal basis for the processing of personal data using cookies is Art. 6 para. 1 lit. f GDPR.
c) Purpose of the data processing
The purpose of using technically necessary cookies is to simplify the use of websites for users. Some functions of our website cannot be offered without the use of cookies. For these, it is necessary that the browser is recognised even after a page change.
d) The user data collected by technically necessary cookies (language settings) are not used to create user profiles.
e) Duration of storage, objection and removal options
Cookies are stored on the user's computer and transmitted by it to our website. As a user, you therefore have full control over the use of cookies. You can deactivate or restrict the transmission of cookies by changing the settings in your Internet browser. Cookies that have already been saved can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to use all the functions of the website to their full extent.
Making contact and contact form
1. description and scope of data processing
There are forms on our website that can be used to contact us electronically. If a user makes use of this option, the data entered in the input mask will be transmitted to us and stored.
These data are
(1) Select salutation (voluntary information)
(2) Company (mandatory field - must be filled in!)
(3) Contact person (mandatory field - must be filled in!)
(4) Street & No. (optional)
(5) Postcode & city (optional)
(6) Telephone (optional)
(7) Mobile (optional)
(8) E-mail (mandatory field - must be filled in!)
(9) Question/ message/ comment (mandatory field - must be filled in!)
The following data is also stored at the time the message is sent:
(1) The user's IP address
(2) Date and time of registration
Your consent to the processing of the data is obtained during the sending process, and reference is made to this privacy policy. Alternatively, you can contact us via the email address provided. In this case, the user's personal data transmitted with the email will be stored. The data will not be passed on to third parties in this context. The data will be used exclusively for processing the conversation.
2 Legal basis for data processing
The legal basis for the processing of the data is Art. 6 para. 1 lit. a GDPR if the user has given consent. The legal basis for the processing of data transmitted in the course of sending an e-mail is Art. 6 para. 1 lit. f GDPR. If the e-mail contact is aimed at the conclusion of a contract, the additional legal basis for the processing is Art. 6 para. 1 lit. b GDPR.
3 Purpose of the data processing
The processing of the personal data from the input mask serves us solely to process the contact. If you contact us by email, this also constitutes the necessary legitimate interest in processing the data. The other personal data processed during the sending process serves to prevent misuse of the contact form and to ensure the security of our information technology systems.
4. duration of storage
The data will be deleted as soon as it is no longer required to fulfil the purpose for which it was collected. For the personal data from the input screen of the contact form and those sent by email, this is the case when the respective conversation with the user has ended. The conversation is ended when it can be inferred from the circumstances that the matter in question has been conclusively clarified. The additional personal data collected during the sending process is
5. possibility of objection and cancellation
The user has the option to revoke their consent to the processing of personal data at any time. If the user contacts us by e-mail, they can object to the storage of their personal data at any time. All personal data stored in the course of contacting us will be deleted in this case. In such a case, the conversation cannot be continued.
You can exercise the following rights at any time using the contact details provided for our data protection officer:
- Information about your data stored by us and its processing,
- Correction of incorrect personal data,
- cancellation of your data stored by us,
- Restriction of data processing if we are not yet allowed to delete your data due to legal obligations,
- objection to the processing of your data by us and
- data portability, provided you have consented to the data processing or have concluded a contract with us.
If you have given us your consent, you can revoke it at any time with effect for the future.
Data processing via entrepreneurs or employees of companies
The aim of our contracts with customers and suppliers is to be able to offer entrepreneurs and companies the widest possible range of suitable services. In doing so, we process personal data of entrepreneurs (data relating to entrepreneurs is only personal data if the entrepreneur is a natural person) or of employees of companies. The respective companies or entrepreneurs may have a contractual or pre-contractual relationship with us, but in individual cases we may also process data of companies and their employees if no such pre-contractual/contractual relationship exists. The data is deleted as soon as it is no longer required to fulfil the respective purpose, i.e. there is no longer a contract with the customer and we no longer intend to enter into a contract with the respective customer, there is no longer a legitimate interest and we are also no longer obliged to retain documents that may contain personal data.
Data processing for the purposes of contract management and preparation
We process personal data for the purpose of contract administration, i.e. so that we can provide our customers and suppliers with the contractual services and for the purpose of preparing the contract. If the customer is a natural person, the legal basis is that the processing is necessary for the fulfilment of a contract or for the implementation of pre-contractual measures in accordance with Art. 6 para. 1 sentence 1 b GDPR. If we process personal data of the customer's employees, the legal basis is a legitimate interest in accordance with Art. 6 para. 1 sentence 1 f GDPR. The legitimate interest lies in the performance of our business activities and those of the customer. There is no conflicting interest of the respective data subject in this respect because, from our customer's point of view, processing by us is already necessary within the framework of the existing employment relationship with the data subject (Section 26 BDSG-new)
For this purpose, we store personal data for the term of the contract. In addition, we store accounting documents for a period of ten years and business letters, i.e. any message relating to the preparation, execution or cancellation of a transaction, for a period of six years in order to fulfil our statutory retention obligations in accordance with Section 257 (1) No. 2 HGB and Section 147 AO, whereby the period begins at the end of the calendar year in which the business letter was received or sent or the accounting document was created. The legal basis is Art. 6 para. 1 lit. c GDPR.
Customer counselling
We process the personal data of the customer or interested party or their employees as contact persons received in connection with a contract or an enquiry from an interested party, even after the end of the contract or if no contract is concluded, for the purpose of customer advice and in order to be able to recommend suitable services based on previous contracts or enquiries in the event of a new enquiry from the customer or interested party. The legal basis is a legitimate interest pursuant to Art. 6 para. 1 sentence 1 f GDPR. The legitimate interest lies in the performance of our business activities. For this purpose, we store personal data as long as we assume that the respective customer can conclude a further or first contract with us in the future, which is the case until the customer in question declares to us that they will never conclude a contract with us under any circumstances.
Data processing for general advertising purposes
We process the personal data of our customers as well as of other entrepreneurs and companies not in a business relationship with us and, in this context, also of the contact persons there for the purpose of direct advertising, insofar as this is legally permissible. Insofar as we have not collected this data directly from the respective data subject, we may also obtain contact details of the data subject from public sources, such as in particular the website of the respective company, business directories or job advertisements placed by the company. In connection with these direct advertising purposes, we may also take into account previous contracts concluded by our customers and company specifics such as industry affiliation or company size of the respective company/entrepreneur in order to make the advertising as appropriate as possible. The legal basis is a legitimate interest within the meaning of Art. 6 para. 1 sentence 1 f GDPR. The legitimate interest consists in the processing of personal data for the purpose of direct advertising itself (see recital 47 GDPR). Data subjects have the right to object at any time to the processing of personal data concerning them for the purpose of such advertising. You can raise this objection at any time using the contact details provided in ‘Name and address of the controller’; in the case of advertising by email, you will find an opt-out.
Rights of the data subject
If your personal data is processed, you are a data subject within the meaning of the GDPR and you have the following rights vis-à-vis the controller:
1. Right to information
You can request confirmation from the controller as to whether personal data concerning you is being processed by us. If such processing is taking place, you can request information from the controller about the following:
(1) the purposes for which the personal data are being processed;
(2) the categories of personal data being processed;
(3) the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;
(4) the planned duration of storage of the personal data concerning you or, if specific information is not available, the criteria for determining the storage period;
5) the existence of a right to rectification or erasure of personal data concerning you, a right to restriction of processing by the controller, or a right to object to such processing;
(6) the existence of a right to lodge a complaint with a supervisory authority;
(7) all available information on the origin of the data if the personal data are not collected from the data subject;
(8) the existence of automated decision-making, including profiling, pursuant to Art. 22 (1) and (4) GDPR and – at least in these cases – meaningful information on the logic involved, as well as the significance and intended effects of such processing for the data subject.
You have the right to request information as to whether the personal data concerning you will be transferred to a third country or to an international organization. In this context, you can request to be informed of the appropriate safeguards pursuant to Art. 46 GDPR in connection with the transfer.
2. Right to rectification
You have the right to request rectification and/or completion from the controller if the personal data concerning you that are processed are incorrect or incomplete. The controller must carry out the rectification immediately.
3. Right to restriction of processing
You may request the restriction of the processing of personal data concerning you under the following conditions:
(1) if you contest the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data;
(2) the processing is unlawful and you oppose the erasure of the personal data and instead request the restriction of their use;
(3) the controller no longer needs the personal data for the purposes of the processing, but you require it to assert, exercise, or defend legal claims, or
(4) if you have objected to processing pursuant to Art. 21 (1) GDPR and it has not yet been determined whether the legitimate grounds of the controller override your grounds.
If the processing of personal data concerning you has been restricted, this data – with the exception of storage – may only be processed with your consent or for the establishment, exercise, or defense of legal claims or to protect the rights of another natural or legal person or for reasons of important public interest of the Union or a Member State.
If the restriction of processing has been restricted in accordance with the above-mentioned conditions, you will be informed by the controller before the restriction is lifted.
4. Right to erasure
a) Obligation to erase
You may request the controller to erase the personal data concerning you immediately, and the controller is obliged to erase this data immediately if one of the following reasons applies:
(1) The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
(2) You withdraw your consent on which the processing was based pursuant to Art. 6 (1) (a) or Art. 9 (2) (a) GDPR, and there is no other legal basis for the processing.
(3) You object to the processing pursuant to Art. 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21 (2) GDPR.
(4) The personal data concerning you were processed unlawfully.
(5) The erasure of personal data concerning you is necessary to fulfil a legal obligation under Union or Member State law to which the controller is subject.
6) The personal data concerning you were collected in relation to information society services offered pursuant to Art. 8 (1) GDPR.
b) Information to third parties
If the controller has made the personal data concerning you public and is obliged to erase it pursuant to Art. 17 (1) GDPR, the controller shall take appropriate measures, including technical ones, taking into account the available technology and the implementation costs, to inform data controllers which process the personal data that you, as the data subject, have requested the erasure by such controllers of all links to these personal data or of copies or replications of these personal data.
c) Exceptions
The right to erasure does not apply to the extent that processing is necessary.
(1) to exercise the right to freedom of expression and information;
(2) to fulfill a legal obligation required by Union or Member State law to which the controller is subject, or to perform a task carried out in the public interest or in the exercise of official authority vested in the controller;
(3) for reasons of public interest in the area of public health pursuant to Article 9(2)(h) and (i) and Article 9(3) GDPR;
(4) for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes pursuant to Article 89(1) GDPR, insofar as the right referred to in paragraph a) is likely to make the achievement of the objectives of that processing impossible or seriously compromises it, or
(5) to assert, exercise, or defend legal claims.
5. Right to information
If you have asserted your right to rectification, erasure, or restriction of processing vis-à-vis the controller, the controller is obliged to inform all recipients to whom the personal data concerning you was disclosed of this rectification, erasure, or restriction of processing, unless doing so proves impossible or involves disproportionate effort.
You have the right to be informed by the controller of these recipients.
6. Right to data portability
You have the right to receive the personal data concerning you, which you have provided to the controller, in a structured, common, and machine-readable format. Furthermore, you have the right to transmit this data to another controller without hindrance from the controller to whom the personal data was provided, provided that
(1) the processing is based on consent pursuant to Art. 6 (1) (a) GDPR or Art. 9 (2) (a) GDPR or on a contract pursuant to Art. 6 (1) (b) GDPR and
(2) the processing is carried out using automated procedures.
In exercising this right, you also have the right to have the personal data concerning you transmitted directly from one controller to another, where technically feasible. This shall not adversely affect the freedoms and rights of others.
The right to data portability shall not apply to the processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
7. Right of Objection
You have the right to object at any time to the processing of personal data concerning you based on Art. 6 (1) (e) or (f) GDPR, for reasons related to your particular situation; this also applies to profiling based on these provisions.
The controller will no longer process the personal data concerning you unless they can demonstrate compelling legitimate grounds for the processing that override your interests, rights, and freedoms, or the processing serves to assert, exercise, or defend legal claims. If the personal data concerning you is processed for direct marketing purposes, you have the right to object at any time to the processing of personal data concerning you for the purposes of such advertising; this also applies to profiling insofar as it is related to such direct marketing. If you object to processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes. In connection with the use of information society services, you have the option of exercising your right of objection by means of automated procedures that use technical specifications, notwithstanding Directive 2002/58/EC.
8. Right to revoke the declaration of consent under data protection law
You have the right to revoke your declaration of consent under data protection law at any time. The revocation of consent does not affect the legality of the processing carried out on the basis of the consent up to the time of revocation.
9. Automated decision-making in individual cases, including profiling
You have the right not to be subjected to a decision based exclusively on automated processing – including profiling – that has legal consequences for you or significantly affects you in a similar way. This does not apply if the decision
(1) is necessary for the conclusion or performance of a contract between you and the controller,
(2) is permitted by Union or Member State law to which the controller is subject, and this law contains appropriate measures to safeguard your rights and freedoms and your legitimate interests, or (3) is based on your explicit consent.
However, these decisions may not be based on special categories of personal data pursuant to Art. 9 (1) GDPR, unless Art. 9 (2) (a) or (g) GDPR applies and appropriate measures to protect your rights and freedoms and your legitimate interests have been taken.
With regard to the cases referred to in (1) and (3), the controller shall implement appropriate measures to safeguard your rights and freedoms and your legitimate interests, including at least the right to obtain human intervention on the part of the controller, to express his or her point of view, and to contest the decision.
10. Right to lodge a complaint with a supervisory authority
Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work, or place of the alleged infringement, if you believe that the processing of personal data concerning you infringes the GDPR. The supervisory authority with which the complaint was submitted will inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy pursuant to Article 78 GDPR.