Privacy Policy
We are very pleased about your interest in our company. Data protection is of particularly high importance to the management of EKOMAT GmbH. In principle, it is possible to use the EKOMAT GmbH website without providing any personal data. However, if a data subject wishes to make use of certain services offered by our company via our website, the processing of personal data may become necessary. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the data subject.
The processing of personal data, such as 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 applicable country-specific data protection regulations governing EKOMAT GmbH. Through this Privacy Policy, our company wishes to inform the public about the nature, scope, and purpose of the personal data we collect, use, and process. Furthermore, this Privacy Policy informs data subjects about the rights to which they are entitled.
As the controller responsible for processing, EKOMAT GmbH has implemented numerous technical and organizational measures to ensure the most comprehensive protection possible of personal data processed through this website. Nevertheless, internet-based data transmissions may generally have security vulnerabilities, meaning that absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us by alternative means, for example by telephone.
1. Definitions
The Privacy Policy of EKOMAT GmbH is based on the terminology used by the European legislator when adopting the General Data Protection Regulation (GDPR). Our Privacy Policy is intended to be easy to read and understand, both for the general public and for our customers and business partners. To ensure this, we would like to explain the terminology used in advance.
In this Privacy Policy, we use, among others, the following terms:
a) Personal data
Personal data means any 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
A data subject is any identified or identifiable natural person whose personal data is processed by the controller responsible for the processing.
c) Processing
Processing means 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, erasure or destruction.
d) Restriction of processing
Restriction of processing means the marking of stored personal data with the aim of limiting their future processing.
e) Profiling
Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
f) Pseudonymisation
Pseudonymisation means the processing of personal data in such a manner 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 organisational measures which ensure that the personal data are not attributed to an identified or identifiable natural person.
g) Controller or controller responsible for the processing
The controller or controller responsible for the processing is the natural or legal person, public authority, agency 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 the law of the Member States, the controller, or the specific criteria for its nomination, may be provided for by Union law or the law of the Member States.
h) Processor
A processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
i) Recipient
A recipient is a natural or legal person, public authority, agency or another body to which personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry under Union law or the law of the Member States are not regarded as recipients.
j) Third party
A third party is a natural or legal person, public authority, agency or body other than the data subject, the controller, the processor and the persons who, under the direct authority of the controller or processor, are authorised to process the personal data.
k) Consent
Consent means any freely given, specific, informed and unambiguous indication of the data subject's wishes, in the form of a statement or other clear affirmative action, by which the data subject signifies agreement to the processing of personal data relating to him or her.
2. Name and address of the controller
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 provisions of a data protection nature is:
EKOMAT GmbH
Max-Planck-Str. 35
61184 Karben
Germany
Tel.: 06039 / 9 28 78 - 0
Email: info@ekomat.de
Website: www.ekomat.de
3. Name and address of the Data Protection Officer
The Data Protection Officer of the controller is:
Mohammad Khatib
Sertus Technology GmbH
Dreieichstr. 59
60594 Frankfurt am Main
Germany
Tel.: +49 69 2710 796 20
Email: mohammad.khatib@sertus.de
Website: www.sertus.de
Any data subject may contact our Data Protection Officer directly at any time with any questions or suggestions concerning data protection.
4. Cookies
The websites of EKOMAT GmbH use cookies. Cookies are text files that are stored and saved on a computer system via an internet browser.
Numerous 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 character string by which websites and servers can be assigned to the specific internet browser in which the cookie was stored. This enables the websites and servers visited to distinguish the individual browser of the data subject from other internet browsers containing other cookies. A specific internet browser can be recognised and identified by means of the unique cookie ID.
By using cookies, EKOMAT GmbH can provide the users of this website with more user-friendly services that would not be possible without the setting of cookies.
By means of a cookie, the information and offers on our website can be optimised with the user in mind. As already mentioned, cookies enable us to recognise 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 their access data each time they visit the website, because this is handled by the website and the cookie stored on the user's computer system. Another example is the cookie of a shopping cart in an online shop. The online shop uses a cookie to remember the items a customer has placed in the virtual shopping cart.
The data subject may prevent the setting of cookies by our website at any time by means of a corresponding setting in the internet browser used, and may 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 data subject deactivates the setting of cookies in the internet browser used, not all functions of our website may be fully usable.
5. Collection of general data and information
Each time the website is accessed by a data subject or an automated system, the website of EKOMAT GmbH collects a series of general data and information. This general data and information is stored in the server log files. The following may be collected: (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-pages accessed on our website via an accessing system, (5) the date and time of access to the website, (6) an internet protocol address (IP address), (7) the internet service provider of the accessing system, and (8) other similar data and information that serve to avert danger in the event of attacks on our information technology systems.
When using this general data and information, EKOMAT GmbH does not draw any conclusions about the data subject. Rather, this information is required in order to (1) deliver the content of our website correctly, (2) optimise the content of our website and the 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. This anonymously collected data and information is therefore evaluated by EKOMAT GmbH both statistically and with the aim of increasing data protection and data security within our company, in order ultimately to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files is stored separately from all personal data provided by a data subject.
6. Contact option via the website
Due to statutory requirements, the website of EKOMAT GmbH contains 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 is stored automatically. Such personal data transmitted on a voluntary basis by a data subject to the controller is stored for the purposes of processing the enquiry or contacting the data subject. This personal data is not passed on to third parties.
7. Routine erasure and blocking of personal data
The controller processes and stores the personal data of the data subject only for the period necessary to achieve the purpose of storage, or where this has been provided for by the European legislator 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 legislator or another competent legislator expires, the personal data is routinely blocked or erased in accordance with the statutory provisions.
8. Rights of the data subject
a) Right of confirmation
Every data subject has the right, granted by the European legislator, 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 of confirmation, they may contact an employee of the controller at any time.
b) Right of access
Every data subject affected by the processing of personal data has the right, granted by the European legislator, to obtain from the controller at any time, free of charge, information about the personal data stored concerning them and a copy of this information. Furthermore, the European legislator has granted the data subject access to the following information:
the purposes of the 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, in particular recipients in third countries or international organisations
where possible, the envisaged period for which the personal data will be stored, or, if this is not possible, the criteria used to determine that period
the existence of the right to request rectification or erasure of the personal data concerning them, or restriction of processing by the controller, or to object to such processing
the existence of the right to lodge a complaint with a supervisory authority
where the personal data are not collected from the data subject: all available information as to their source
the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) GDPR and — at least in these cases — meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject
Furthermore, the data subject has the right to be informed whether personal data has been transferred to a third country or to an international organisation. Where this is the case, the data subject also has the right to be informed of the appropriate safeguards relating to the transfer.
If a data subject wishes to exercise this right of access, they may contact an employee of the controller at any time.
c) Right to rectification
Every data subject affected by the processing of personal data has the right, granted by the European legislator, to obtain the rectification, without undue delay, of inaccurate personal data concerning them. Taking into account the purposes of the processing, the data subject also has the right to have incomplete personal data completed — including by means of providing a supplementary statement.
If a data subject wishes to exercise this right to rectification, they may contact an employee of the controller at any time.
d) Right to erasure (right to be forgotten)
Every data subject affected by the processing of personal data has the right, granted by the European legislator, to obtain from the controller the erasure, without undue delay, of personal data concerning them, where one of the following grounds applies and insofar as the processing is not necessary:
The personal data were collected or otherwise processed for purposes for which they are no longer necessary.
The data subject withdraws the consent on which the processing was based pursuant to Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR, and there is no other legal basis for the processing.
The data subject objects to the processing pursuant to Art. 21(1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Art. 21(2) GDPR.
The personal data were processed unlawfully.
The erasure of the personal data is necessary for compliance with 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 information society services offered pursuant to Art. 8(1) GDPR.
If one of the above grounds applies and a data subject wishes to arrange for the erasure of personal data stored by EKOMAT GmbH, they may contact an employee of the controller at any time. The employee of EKOMAT GmbH will arrange for the erasure request to be complied with without undue delay.
Where the personal data were made public by EKOMAT GmbH and our company, as controller, is obliged pursuant to Art. 17(1) GDPR to erase the personal data, EKOMAT GmbH will, taking account of available technology and the cost of implementation, take reasonable measures, including technical measures, to inform other controllers processing the published personal data that the data subject has requested from those other controllers the erasure of all links to, or copies or replications of, that personal data, insofar as the processing is not necessary. The employee of EKOMAT GmbH will arrange for the necessary steps in each individual case.
e) Right to restriction of processing
Every data subject affected by the processing of personal data has the right, granted by the European legislator, to obtain from the controller the restriction of processing where one of the following conditions applies:
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 requests instead the restriction of the use of the personal data.
The controller no longer needs the personal data for the purposes of the processing, but the data subject requires it for the establishment, exercise or defence of legal claims.
The data subject has objected to the processing pursuant to Art. 21(1) GDPR and it has not yet been established whether the legitimate grounds of the controller override those of the data subject.
If one of the above conditions is met and a data subject wishes to request the restriction of personal data stored by EKOMAT GmbH, they may contact an employee of the controller at any time. The employee of EKOMAT GmbH will arrange for the restriction of the processing.
f) Right to data portability
Every data subject 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 this data to another controller without hindrance from the controller to which the personal data was provided, where 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 the processing is carried out by automated means, provided that the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Furthermore, in exercising their right to data portability pursuant to Art. 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 this does not adversely affect the rights and freedoms of other persons.
To assert the right to data portability, the data subject may contact an employee of EKOMAT GmbH at any time.
g) Right to object
Every data subject affected by the processing of personal data has the right, granted by the European legislator, to object at any time, on grounds relating to their particular situation, to the processing of personal data concerning them which is carried out on the basis of Art. 6(1)(e) or (f) GDPR. This also applies to profiling based on these provisions.
In the event of an objection, EKOMAT GmbH will no longer process the personal data unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or the processing serves the establishment, exercise or defence of legal claims.
If EKOMAT GmbH processes personal data in order to conduct direct marketing, the data subject has the right to object at any time to the processing of the personal data for the purposes of such marketing. This also applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to EKOMAT GmbH against processing for direct marketing purposes, EKOMAT GmbH will no longer process the personal data for these purposes.
In addition, the data subject has the right, on grounds relating to their particular situation, to object to the processing of personal data concerning them which is carried out by EKOMAT GmbH for scientific or historical research purposes, or for statistical purposes pursuant to Art. 89(1) GDPR, unless such processing is necessary for the performance of a task carried out in the public interest.
To exercise the right to object, the data subject may contact any employee of EKOMAT GmbH or another employee directly. The data subject is also free, in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to exercise their right to object by automated means using technical specifications.
h) Automated individual decision-making, including profiling
Every data subject affected by the processing of personal data has the right, granted by the European legislator, not to be subject to a decision based solely on automated processing — including profiling — which produces legal effects concerning them or similarly significantly affects them, provided that the decision (1) is not necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) is not authorised by Union or Member State law to which the controller is subject and which lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, or (3) is not based on the data subject's explicit consent.
If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) is based on the data subject's explicit consent, EKOMAT GmbH will implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, which include at least the right to obtain human intervention on the part of the controller, to express their own point of view and to contest the decision.
If the data subject wishes to assert rights relating to automated decisions, they may contact an employee of the controller at any time.
i) Right to withdraw consent under data protection law
Every data subject affected by the processing of personal data has the right, granted by the European legislator, to withdraw consent to the processing of personal data at any time.
If the data subject wishes to assert their right to withdraw consent, they may contact an employee of the controller at any time.
9. Data protection in applications and the application procedure
The controller collects and processes the personal data of applicants for the purpose of handling the application procedure. The processing may also be carried out electronically. This is the case in particular where an applicant submits the relevant application documents to the controller electronically, for example by email or via a web form on the website. If the controller concludes an employment contract with an applicant, the transmitted data is stored for the purpose of handling the employment relationship in compliance with the statutory provisions. If the controller does not conclude an employment contract with the applicant, the application documents are automatically erased two months after notification of the rejection decision, provided that no other legitimate interests of the controller preclude erasure. Another legitimate interest in this sense is, for example, a duty to provide evidence in proceedings under the German General Equal Treatment Act (AGG).
10. Legal basis for the processing
Art. 6(1)(a) GDPR serves our company as the legal basis for processing operations for which 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 supply of goods or the provision of any other service or consideration, the processing is based on Art. 6(1)(b) GDPR. The same applies to processing operations that are necessary for carrying out pre-contractual measures, for example in cases of enquiries about our products or services. If our company is subject to a legal obligation that requires the processing of personal data, for instance to fulfil tax obligations, the processing is based on Art. 6(1)(c) GDPR. In rare cases, the processing of personal data may become necessary in order to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured on our premises and their name, age, health insurance details 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 Art. 6(1)(d) GDPR. Finally, processing operations may be based on Art. 6(1)(f) GDPR. Processing operations not covered by any of the aforementioned legal bases are based on this legal basis where the processing is necessary to safeguard a legitimate interest of our company or of a third party, provided that the interests, fundamental rights and freedoms of the data subject do not override it. We are permitted to carry out such processing operations in particular because they were specifically mentioned by the European legislator, which took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47, sentence 2 GDPR).
11. Legitimate interests in the processing pursued by the controller or a third party
Where the processing of personal data is based on Article 6(1)(f) 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.
12. Period for which the personal data is stored
The criterion for the duration of the storage of personal data is the respective statutory retention period. Once the period has expired, the corresponding data is routinely erased, provided it is no longer required for the performance or initiation of a contract.
13. Statutory or contractual requirements to provide the personal data; necessity for the conclusion of a contract; obligation of the data subject to provide the personal data; possible consequences of failure to provide it
We would like to inform you that the provision of personal data is in part required by law (e.g. tax regulations) or may also arise from contractual arrangements (e.g. details of the contracting party). Sometimes, in order to conclude a contract, it may be necessary for a data subject to provide us with personal data which must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with them. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Before providing personal data, the data subject must contact one of our employees. Our employee will inform the data subject, on a case-by-case basis, whether the provision of the personal data is required by law or by contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data, and what the consequences of failure to provide it would be.
14. Existence of automated decision-making
As a responsible company, we do not use automated decision-making or profiling.
The Privacy Policy Generator of DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as
External Data Protection Officer Essen and works in cooperation with the
data protection lawyers of the law firm WILDE BEUGER SOLMECKE | Rechtsanwälte created this Privacy Policy.
Disclaimer
We always strive to keep the content of these pages up to date and reserve the right to modify or supplement the information provided at any time. Nevertheless, the data presented here may have changed in the meantime—in which case, we were unfortunately too slow. Therefore, we cannot assume any liability or guarantee for the timeliness, accuracy, or completeness of the information provided, even though we try our best. This also naturally applies to all other websites referred to via hyperlinks. We are not responsible for the content of external websites accessed through such links.
