1. data controller and data protection officer; scope of application
(1) We, emplify GmbH, Stöckachstraße 11A, 70190 Stuttgart, Germany, Tel.: 0711/184229-0, Fax: 0711/184229-01, E-Mail: email@example.com, are responsible for the processing of personal data of you, as a user of our website, available at www.emplify.de (hereinafter also referred to as “WEBSITE”), as our business partner (e.g. customer or supplier), as an applicant with us and as any other person with whom we communicate (“You”) acc. Art. 4 No. 7 of the EU General Data Protection Regulation (“GDPR”).
Our data protection officer is: Michael Nachtigall (DS Compliance GmbH), Carlsplatz 24, 40213 Düsseldorf, Germany, e-mail: firstname.lastname@example.org.
(2) In the following, we would like to inform you in detail, as part of our duty to provide information, which data is processed when you visit our WEBSITE and make use of our other offers and functions (hereinafter also referred to as “services”) on our WEBSITE, in our other business dealings and communication with you, and in your application to our company. Furthermore, we would like to inform you about the accompanying protective measures that we have also taken in technical and organizational terms on our WEBSITE, as well as your rights with regard to the processing of personal data concerning you.
2. general principles for the processing of your personal data
(1) Personal data means any information relating to an identified or identifiable natural person. Your personal data therefore includes all data that can be directly or indirectly assigned to your person, such as, for example. Your name, address, phone number or email address.
(2) Personal data shall be processed by us primarily if and to the extent that
- you have given us your consent to the processing of data for one or more specific purposes (Art. 6 para. 1 UAbs. 1 letter a DSGVO);
- the processing is necessary for the performance of a contract to which you are a party or for the implementation of pre-contractual measures taken at your request (Art. 6 para. 1 UAbs. 1 letter b DSGVO);
- the data processing is necessary for compliance with a legal obligation to which we are subject (Art. 6 para. 1 UAbs. 1 letter c DSGVO), or
- the data processing is necessary for the protection of our legitimate interests or those of a third party, unless your interests or fundamental rights and freedoms requiring the protection of personal data override (Art. 6 para. 1 UAbs. 1 lit. f DSGVO).
(3) On which of the in par. 2 or other legal bases on which we base the processing of your personal data in individual cases are set out in the following provisions of this data protection declaration.
(5) The extent and type of processing of your data differ depending on whether you visit our WEBSITE to retrieve information (cf. the following section 3) or make use of services on our WEBSITE, have a business relationship with us or wish to apply for a job with us (cf. the following section 4). We inform you about third party content in Ziff. 5.
3. purely informative use of our WEBSITE
(1) In connection with the purely informational use of our WEBSITE, i.e. if you do not make use of any services and offers on our WEBSITE or otherwise transmit information to us, we collect those of your data that your Internet browser automatically transmits to our server. The following data is collected:
- IP address of the requesting computer
- Date and time of the request
- Time zone difference from Greenwich Mean Time (GMT)
- Content of the request (concrete page)
- Access status/HTTP status code
- Data volume transferred in each case
- Website from which the request comes
- Operating system and its interface
- Language and version of the browser software
(2) This data is technically necessary for us to enable you to use and function our WEBSITE, in particular to display the WEBSITE and to ensure the security and stability of the WEBSITE. A linkage of these data with personal data of a certain natural person does not take place. Our legitimate interest lies in a functioning website. The legal basis is Art. 6 para. 1 UAbs. 1 letter f DSGVO.
(3) We delete your data as soon as they are no longer required to achieve the purpose for which they were collected. In the case of the collection of data for the purely informative provision of our WEBSITE, the deletion takes place when the respective session has ended. Your IP address is stored in full for up to 24 hours, and anonymously thereafter. The temporary storage of the IP address by our system is necessary in order to eliminate malfunctions of our WEBSITE as well as to avert dangers.
3. further functions and offers
In addition to the purely informational use of our WEBSITE, we process personal data in connection with various services on our WEBSITE, which you can use if you are interested. This usually requires you to provide additional personal data that we use to provide the respective service. Furthermore, we process personal data if you contact us in any other way, have a business relationship with us or wish to apply for a job with us. In detail:
3.1 Contacting /Feedback
(1) If you contact us, for example to provide us with your feedback, the processing of your provided contact data (e.g. first and last name, e-mail address, telephone number) is carried out to respond to your inquiries and/or suggestions made by e-mail or in any other way. The processing of your data is used exclusively for the processing of the contact.
(2) The legal basis for the processing of the data is Art. 6 para. 1 UAbs. 1 letter f DSGVO. If your message aims at the conclusion of a contract, the additional legal basis for the processing of your data is Art. 6 para. 1 UAbs. 1 letter b DSGVO.
(3) Insofar as no legal or contractual retention periods prevent the deletion of your personal data, we will delete it as soon as it is no longer required to achieve the purpose for which it was collected. This is the case when the conversation with you is finished. In principle, the conversation is ended when it can be inferred from the circumstances that the matter in question has been conclusively clarified.
3.2 Ordering our newsletter
(1) With your consent, you can subscribe to our newsletter, with which we inform you about our current interesting offers. The advertised offers are named in the consent form.
(2) For the registration to our newsletter we use the so-called double-opt-in procedure. This means that after your registration, we will send you an e-mail to the e-mail address you provided, in which we ask you to confirm that you wish to receive the newsletter. If you do not confirm your registration within 24 hours, your information will be blocked and automatically deleted after one month. In addition, we store your IP addresses and times of registration and confirmation. The purposes of the procedure are to be able to prove your registration and, if necessary, to clarify a possible misuse of your personal data.
(3) The only mandatory information for sending the newsletter is your e-mail address. The provision of further, separately marked data is voluntary and will be used to address you personally. After your confirmation, we store your e-mail address for the purpose of sending you the newsletter. The legal basis is Art. 6 para. 1 UAbs. 1 letter a DSGVO.
(4) You can revoke your consent to the sending of the newsletter at any time and unsubscribe from the newsletter. You may revoke by clicking on the link provided in each newsletter e-mail, by sending an e-mail to email@example.com or by sending a message to the address specified in para. 1 contact details provided.
(5) We delete your data as soon as they are no longer required to achieve the purpose for which they were collected or if you revoke your declaration of consent to receive newsletters. Accordingly, your data will be stored as long as the subscription to the newsletter is active.
3.3 Business relationship / customer account / registration
(1) If you are a business partner (e.g. customer or supplier) of ours, in addition to information about your company, we also process information about you personally (e.g. contact details) or other persons within your company. Your personal data is essentially collected directly by you (e.g. through orders) or in the course of processing by us, insofar as this is necessary for the implementation of the business relationship. Changes to contact persons in your company may also result in the subsequent collection of further personal data in connection with employees of your company.
(2) Your data will be stored and electronically processed primarily for the purpose of processing the contract between us and you. For communication in the context of contract processing (e.g. offers, orders, order confirmations, delivery bills and/or invoices), we may contact you via the data collected from you. This can be done via postal address(es), e-mail address(es) or telephone as well as fax number(s). The technical and content design of contracts, in particular content, specifications and prices, can also be handled with the stored data. The legal basis for this is Art. 6 para. 1 UAbs. 1 letter b DSGVO.
(3) We may also send you information and communications regarding your business relationship with us to the data you provide, as well as provide you with opportunities to initiate new business. The legal basis for this is Art. 6 para. 1 UAbs. 1 letter f DSGVO. If we receive feedback from you regarding these communications, which is aimed at concluding a contract with us, the additional legal basis for the processing of your data is Art. 6 para. 1 UAbs. 1 letter b DSGVO.
(4) To fulfill our contractual obligations, we sometimes use different service providers. Your data will only be passed on to third parties if this is necessary for the processing of the contract or if you expressly consent to the transfer. The legal basis for this is Art. 6 para. 1 UAbs. 1 letter b DSGVO or Art. 6 para. 1 UAbs. 1 letter a DSGVO in case of your consent.
(5) In principle, we do not transfer your personal data to countries outside the European Union or the European Economic Area (third countries). However, it may be necessary to transfer data to a third country in the course of obligations arising from contracts between us and you as a business partner. This transfer takes place only after detailed examination and evaluation and only if the special requirements of Art. 44 et seq. GDPR are met (e.g., adequacy decision of the Commission, standard data protection clauses, approved codes of conduct).
(6) Insofar as no legal or contractual retention periods prevent the deletion of your personal data, we will delete it as soon as it is no longer required to achieve the purpose for which it was collected. This is usually the case when a customer relationship with your company no longer exists or when you have left the company as a contact person.
(7) If you or your company are already a customer of ours, you can register with us for a customer account with your company and contact details. Once we have approved the customer account, you can then log in via this customer account and call up information on your job advertisement orders in the customer area and request offers for new job placements. The mandatory information required for the creation of the customer account is marked separately, other information is voluntary. We also process the voluntary data you provide for the aforementioned purposes within the framework of the customer account.
(1) If you apply for a position in our company, we process the personal data that you send us, e.g. by e-mail. We do not require any information from you that is not usable under the General Equal Treatment Act (e.g. race, ethnic origin, religion or belief, age, sexual identity). We also ask that you do not provide us with information about your pregnancy, political views, philosophical or religious beliefs, or trade union membership.
(2) Your personal data will be processed exclusively for the purposes of filling vacancies within our company. Your personal data will not be passed on unless you have given us your consent to do so. In certain cases, however, it may be necessary to pass on personal data to external bodies, such as public bodies (authorities and offices, etc.), external service providers or other recipients.
(3) The legal basis for the processing of your personal data is Art. 6 para. 1 UAbs. 1 letter b, Art. 9 par. 2 letter b, Art. 88 DSGVO in conjunction with. § 26 BDSG n.F.
(4) If we are unable to offer you a position, we will delete your data no later than 3 months after completion of the application process, unless you give us your consent to store the applicant data for longer.
4. third party content (Google Fonts)
(1) Our WEBSITE uses so-called web fonts of the provider Google LLC., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”) for the uniform display of fonts. For this purpose, your browser loads the required web fonts into your browser cache when you call up a page in order to display texts and fonts correctly.
(2) For this purpose, the browser you use establishes a connection to Google’s servers, whereby Google becomes aware that our WEBSITE has been accessed via your IP address. Google Web Fonts are used in the interest of a uniform and appealing presentation of our online offers. This constitutes a legitimate interest within the meaning of Art. 6 para. 1 UAbs. 1 letter f DSGVO.
5. data security
(1) We use technical and organizational security measures to protect personal data that is generated or collected, in particular against accidental or intentional manipulation, loss, destruction or against attack by unauthorized persons. Our security measures are continuously improved in line with technological developments.
(2) Our WEBSITE is encrypted using SSL technology to prevent access by unauthorized third parties. You can recognize secure transmission by the protocol designation “https://” in the URL line.
6. your rights
(1) With regard to the processing of personal data concerning you, you are entitled to the rights listed below under letters a – h under the statutory conditions. Please contact us or our data protection officer for this purpose. The contact details can be found under no. 1.
a) Right to information
You can request from us acc. Article 15 DSGVO request confirmation as to whether personal data concerning you is being processed by us. In this case you have according to. Art. 15 par. 1 DSGVO a right to information about the processing purposes, the categories of personal data processed, the recipients or categories of recipients to whom we have disclosed or will disclose the personal data, the planned storage period or criteria for determining the storage period, the existence of a right to rectification or erasure as well as to restriction of processing or objection to processing, the existence of a right of appeal to a supervisory authority. the criteria for determining the storage period, the existence of a right to rectification or erasure of your personal data as well as to restriction of processing or objection to processing, the existence of a right to lodge a complaint with a supervisory authority, the origin of the data if we have not collected your data from you, the existence of automated decision-making, including profiling, as well as, pursuant to Art. Art. 15 par. 2 GDPR the right to be informed about the appropriate safeguards pursuant to. Art. 46 DSGVO in the context of the transfer of personal data to third countries.
b) Right to rectification
You can request from us acc. Art. 16 DSGVO the immediate rectification and/or, taking into account the purposes of the processing, the completion of your personal data, if your data are inaccurate or incomplete.
c) Right to deletion
You can request from us acc. Art. 17 DSGVO demand the immediate deletion of your personal data, provided that there is a reason according to Art. 17 para. 1 letters a-f DSGVO is present. However, the right to erasure of your personal data does not exist, in particular, insofar as its processing is necessary for the exercise of the right to freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the assertion, exercise or defense of legal claims (Article 17 (3) DSGVO).
d) Right to restriction of processing
You may request us to restrict the processing of your personal data pursuant to. Art. 18 DSGVO as long as we verify the accuracy of your data that you dispute, if you refuse the erasure of your data due to unlawful processing and instead request the restriction of the use of your data, if you need your data for the assertion, exercise or defense of legal claims, or if you have objected to the processing as long as it is not yet clear whether our legitimate grounds prevail.
e) Right to information
We share acc. Art. 19 DSGVO to all recipients to whom your personal data have been disclosed, any rectification or erasure of your personal data or restriction of their processing pursuant to Art. 16, 17 para. 1 and 18 DSGVO, unless this proves impossible or involves a disproportionate effort. You are entitled to the following pursuant to Art. 19 S. 2 DSGVO, you have the right to be informed about these recipients upon request.
f) Right to data portability
You have according to. Art. 20 DSGVO the right to receive your personal data that you have provided to us in a structured, common and machine-readable format and to transfer this data to another controller, provided that the further requirements of Art. 20 DSGVO are met, in particular that this is technically feasible.
g) Right of objection
Insofar as we base the processing of your personal data on the legitimate interests pursuant to Art. 6 para. 1 UAbs. 1 letter f DSGVO, you have the right to withdraw your consent in accordance with. Art. 21 DSGVO object to the processing. This is the case if the processing is not necessary, in particular, for the performance of a contract with you, which is presented by us in each case in the above description of the offers. When exercising such an objection, we ask you to explain the reasons why we should not process your personal data as we have done. In the event of your justified objection, we will examine the merits of the case and, in accordance with §§ 3 and 4 of the German Civil Code (BGB), we will notify you accordingly. Art. 21 par. 1 p. 2 DSGVO either no longer process the personal data or demonstrate to you our compelling legitimate grounds for processing which override your interests, rights and freedoms. Further processing is also reserved if the processing serves the assertion, exercise or defense of legal claims.
Of course, you can use acc. Art. 21 par. 2 DSGVO to the processing of your personal data for purposes of advertising and profiling, insofar as it is related to direct advertising, at any time.
You can notify us or our data protection officer of your objection at the addresses listed in para. 1 mentioned contact details.
h) Right to withdraw consent
You have according to. Art. 7 par. 3 DSGVO, you have the right to revoke any data protection consent you may have given us at any time with effect for the future. However, this does not affect the lawfulness of the processing which took place on the basis of your consent up to the time of revocation.
(2) If you are of the opinion that the processing of your data violates the provisions of data protection law, you also have the right to lodge a complaint with a supervisory authority in accordance with §§ 3 and 4 of the Data Protection Act. Article 77 of the GDPR. Please contact a supervisory authority in the member state of your residence, workplace or the location of the potential infringement.
Status: September 28, 2023