Data Protection Declaration
We are very pleased about your interest in our company. Data protection holds a particularly high value for the management of EKOMAT GmbH & Co. KG. The use of the websites of EKOMAT GmbH & Co. KG is generally possible without providing any personal data. However, if an affected person wishes to use special services from 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 affected person.
The processing of personal data, such as the name, address, email address, or telephone number of an affected person, always occurs in accordance with the General Data Protection Regulation (GDPR) and in compliance with the applicable country-specific data protection regulations for EKOMAT GmbH & Co. KG. Through this data protection declaration, our company aims to inform the public about the type, scope, and purpose of the personal data we collect, use, and process. Furthermore, the affected persons are informed about their rights through this data protection declaration.
EKOMAT GmbH & Co. KG, as the data controller, has implemented numerous technical and organizational measures to ensure the most complete protection possible for the personal data processed on this website. However, internet-based data transmissions can generally have security vulnerabilities, so absolute protection cannot be guaranteed. For this reason, every affected person is free to transmit personal data to us through alternative means, such as by phone.
1. Definitions
The data protection declaration of EKOMAT GmbH & Co. KG is based on the terminology used by the European legislator when enacting the General Data Protection Regulation (GDPR). Our data protection declaration is intended to be easily readable and understandable for the public, as well as for our customers and business partners. To ensure this, we would like to explain the terms used in advance.
In this data protection declaration, we use the following terms, among others:
a) Personal Data
Personal data are all information that relates to an identified or identifiable natural person (hereinafter referred to as the "data subject"). An identifiable natural person is one who can be identified, directly or indirectly, especially by reference to an identifier such as a name, identification number, location data, online identifier, or one or more specific features that express 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 are processed by the controller.
c) Processing
Processing is any operation or set of operations which is performed on personal data, whether or not by automated means, such as collecting, recording, organizing, structuring, storing, adapting or altering, retrieving, consulting, using, disclosing through transmission, dissemination, or otherwise making available, aligning or combining, restricting, deleting, or destroying.
d) Restriction of Processing
Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.
e) Profiling
Profiling is any form of automated processing of personal data that consists of using personal data to evaluate certain personal aspects relating to a natural person, particularly to analyze or predict aspects regarding work performance, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements of that natural person.
f) Pseudonymization
Pseudonymization is 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 organizational measures that ensure that the personal data are not attributed to an identified or identifiable natural person.
g) Controller or Processor
The controller or processor is the natural or legal person, authority, agency, or other body that 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 designation may be provided for by Union law or the law of the member states.
h) Processor
A processor is a natural or legal person, authority, agency, or other body that processes personal data on behalf of the controller.
i) Recipient
A recipient is a natural or legal person, authority, agency, or other body to which personal data are disclosed, irrespective of whether it is a third party or not. Authorities that may receive personal data in the context of a specific inquiry under Union law or the law of the member states shall not be regarded as beneficiaries.
j) Third Party
A third party is a natural or legal person, authority, agency, or other body other than the data subject, the controller, the processor, and the persons who, under the direct authority of the controller or the processor, are authorized to process personal data.
k) Consent
Consent is any freely given, specific, informed, and unequivocal indication of the data subject’s wishes, by which he or she signifies agreement to the processing of personal data relating to him or her, in the form of a statement or a clear affirmative action.
2. Name and Address of the Controller
The controller within the meaning of the General Data Protection Regulation, other applicable data protection laws in the member states of the European Union, and other regulations with data protection implications is:
EKOMAT GmbH & Co. KG
Max-Planck-Str. 35
61184 Karben
Deutschland
Tel.: 06039 / 9 28 78 - 0
E-Mail: 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
Deutschland
Tel.: +49 69 2710 796 20
E-Mail: mohammad.khatib@sertus.de
Website: www.sertus.de
Any affected person can contact our data protection officer directly at any time with questions or suggestions regarding data protection.
4. Cookies
The websites of EKOMAT GmbH & Co. KG use cookies. Cookies are text files that are placed and stored 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 for the cookie. It consists of a string of characters that allows websites and servers to be assigned to the specific internet browser in which the cookie is stored. This enables the visited websites and servers to distinguish the individual browser of the affected person from other internet browsers that contain different cookies. A specific internet browser can be recognized and identified by its unique cookie ID.
By using cookies, EKOMAT GmbH & Co. KG can provide users of this website with more user-friendly services that would not be possible without setting cookies.
With the help of a cookie, the information and offerings on our website can be optimized in the user’s interest. Cookies allow us, as previously 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, a user of a website that uses cookies does not have to enter their login details again each time they visit the site 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 cart in an online shop. The online shop remembers the items a customer has placed in their virtual shopping cart via a cookie.
The affected person can prevent the setting of cookies by our website at any time by making the appropriate settings in the browser used, thus permanently objecting to the setting of cookies. Additionally, already-set cookies can be deleted at any time via an internet browser or other software programs. This is possible in all common internet browsers. If the affected person disables the setting of cookies in their browser, not all functions of our website may be fully usable.
5. Collection of General Data and Information
The website of EKOMAT GmbH & Co. KG collects a range of general data and information with each access to the website by an affected person or an automated system. This general data and information are stored in the server's log files. The data that may be collected include (1) the types and versions of browsers used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrer), (4) the subpages that are accessed via an accessing system on our website, (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 prevent dangers in the event of attacks on our information technology systems.
When utilizing this general data and information, EKOMAT GmbH & Co. KG does not draw conclusions about the affected person. Rather, this information is needed to (1) correctly deliver the content of our website, (2) optimize the content of our website as well as 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 agencies with the information necessary for prosecution in the event of a cyber attack. The anonymized data and information collected are statistically evaluated by EKOMAT GmbH & Co. KG for the purpose of increasing data protection and data security in our company, ultimately ensuring an optimal level of protection for the personal data we process. The anonymous data from the server log files are stored separately from all personal data provided by an affected person.
6. Contact Possibility via the Website
The website of EKOMAT GmbH & Co. KG contains information required by law that allows for a 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 an affected person contacts the controller via email or a contact form, the personal data transmitted by the affected person are automatically stored. Such personal data voluntarily provided by an affected person to the controller will be stored for the purpose of processing or contacting the affected person. There will be no disclosure of this personal data to third parties.
7. Routine Deletion and Blocking of Personal Data
The controller processes and stores personal data of the affected person only for the period necessary to achieve the storage purpose or if this is mandated by the European legislator or another legislator in laws or regulations to which the controller is subject.
Once the storage purpose is no longer applicable or a storage period prescribed by the European legislator or another competent legislator expires, the personal data will routinely be blocked or deleted in accordance with legal regulations.
8. Rights of the Data Subject
a) Right to Confirmation
Every data subject has the right granted by the European legislator to request confirmation from the controller as to whether personal data concerning them is being processed. If a data subject wishes to exercise this right to confirmation, they can contact an employee of the controller at any time.
b) Right to Access
Every person affected by the processing of personal data has the right granted by the European legislator to obtain, at any time and free of charge, information from the controller about the personal data stored concerning them, and to receive 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, particularly in the case of recipients in third countries or international organizations
if possible, the planned duration for which the personal data will be stored, or, if not possible, the criteria for determining this duration
the existence of the right to rectification or erasure of personal data concerning them, or to 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
if the personal data are not collected from the data subject: all available information regarding the source of the data
the existence of automated decision-making including profiling as per Article 22(1) and (4) GDPR, and — at least in those cases — meaningful information about the logic involved, as well as the significance and the anticipated consequences of such processing for the data subject
Furthermore, the data subject has the right to know whether personal data have been transferred to a third country or an international organization. If this is the case, the data subject has the right to obtain information about the appropriate safeguards related to the transfer.
If a data subject wishes to exercise this right to access, they can 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 request the immediate correction of inaccurate personal data concerning them. Furthermore, the data subject has the right to request the completion of incomplete personal data — including by providing a supplementary statement — considering the purposes of the processing.
If a data subject wishes to exercise this right to rectification, they can 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 request the controller to erase personal data concerning them without delay, provided that one of the following reasons applies and the processing is not necessary:
The personal data have been collected or otherwise processed for purposes that are no longer necessary.
The data subject withdraws consent on which the processing is based according 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 have been processed unlawfully.
The erasure of personal data is required to fulfill a legal obligation under Union law or the law of the member states to which the controller is subject.
The personal data were collected in relation to services offered by the information society in accordance with Art. 8(1) GDPR.
If one of the aforementioned reasons applies and a data subject wishes to request the deletion of personal data stored by EKOMAT GmbH & Co. KG, they can contact an employee of the controller at any time. The employee of EKOMAT GmbH & Co. KG will ensure that the request for deletion is promptly fulfilled.
If the personal data have been made public by EKOMAT GmbH & Co. KG and our company is obligated to delete the personal data as the controller in accordance with Art. 17(1) GDPR, EKOMAT GmbH & Co. KG will take reasonable measures, taking into account available technology and implementation costs, including technical measures, to inform other controllers that process the published personal data that the data subject has requested the deletion of all links to such personal data or copies or replications of such personal data, insofar as the processing is not necessary. The employee of EKOMAT GmbH & Co. KG will take 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 request the restriction of processing by the controller when one of the following conditions is met:
The accuracy of the personal data is contested by the data subject, for a period that enables the controller to verify the accuracy of the personal data.
The processing is unlawful, the data subject opposes the deletion of the personal data, and instead requests the restriction of the use of the personal data.
The controller no longer needs the personal data for the purposes of processing, but the data subject requires it for the assertion, exercise, or defense of legal claims.
The data subject has objected to the processing pursuant to Art. 21(1) GDPR, and it is not yet clear whether the legitimate grounds of the controller override those of the data subject.
If one of the aforementioned conditions applies and a data subject wishes to request the restriction of personal data stored by EKOMAT GmbH & Co. KG, they can contact an employee of the controller at any time. The employee of EKOMAT GmbH & Co. KG will effectuate the restriction of 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 those data to another controller without hindrance from the controller to whom the personal data have been provided, provided that the processing is based on consent in accordance with Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR, or on a contract in accordance with Art. 6(1)(b) GDPR, and the processing is carried out by automated means, unless the processing is 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, the data subject has the right to obtain, in exercising their right to data portability under Art. 20(1) GDPR, that the personal data are transmitted directly from one controller to another, where technically feasible and provided that the rights and freedoms of other persons are not affected.
To assert the right to data portability, the data subject can contact an employee of EKOMAT GmbH & Co. KG 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, for reasons relating to their particular situation, to the processing of personal data concerning them which is based on Art. 6(1)(e) or (f) GDPR. This applies also to profiling based on these provisions.
In the event of an objection, EKOMAT GmbH & Co. KG 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 defense of legal claims.
If EKOMAT GmbH & Co. KG processes personal data for the purpose of direct marketing, the data subject has the right to object at any time to the processing of their personal data for such marketing purposes. This also applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to EKOMAT GmbH & Co. KG regarding the processing for direct marketing purposes, EKOMAT GmbH & Co. KG will no longer process the personal data for these purposes.
Moreover, the data subject has the right to object, for reasons relating to their particular situation, to the processing of personal data concerning them which is carried out by EKOMAT GmbH & Co. KG for scientific or historical research purposes or for statistical purposes in accordance with 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 can contact any employee of EKOMAT GmbH & Co. KG directly. The data subject is also free to exercise their right to object in connection with the use of information society services, notwithstanding Directive 2002/58/EC, by automated means using technical specifications.
h) Automated Decisions in Individual Cases 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 — that produces legal effects concerning them or similarly significantly affects them, unless the decision (1) is necessary for entering into or the performance of a contract between the data subject and the controller, or (2) is authorized by Union or member state law to which the controller is subject and which also lays down suitable measures to safeguard the rights and freedoms as well as legitimate interests of the data subject, or (3) is based on the explicit consent of the data subject.
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 explicit consent of the data subject, EKOMAT GmbH & Co. KG will implement appropriate measures to safeguard the rights and freedoms as well as the legitimate interests of the data subject, which shall include at least the right to obtain intervention from a person on the part of the controller, to express their point of view, and to contest the decision.
If the data subject wishes to assert rights regarding automated decisions, they can contact an employee of the controller at any time.
i) Right to Withdraw Data Protection Consent
Every data subject affected by the processing of personal data has the right granted by the European legislator to withdraw their consent to the processing of personal data at any time.
If the data subject wishes to exercise their right to withdraw consent, they can contact an employee of the controller at any time.
9. Data Protection in Job Applications and the Recruitment Process
The controller processes the personal data of applicants for the purpose of handling the application process. This processing may also take place electronically, particularly when an applicant submits relevant application documents electronically, for example, via email or through a web form on the website. If the controller enters into an employment contract with an applicant, the transmitted data will be stored for the purpose of managing the employment relationship in compliance with legal regulations. If no employment contract is concluded with the applicant, the application documents will be automatically deleted two months after the notification of the rejection decision, unless there are other legitimate interests of the controller that oppose deletion. Such legitimate interests may include a duty of proof in a procedure under the General Equal Treatment Act (AGG).
10. Legal Basis for Processing
Art. 6(1)(a) GDPR serves as the legal basis for processing operations in 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 necessary for the delivery of goods or the provision of another service or consideration, the processing is based on Art. 6(1)(b) GDPR. The same applies to processing operations that are necessary for the implementation of pre-contractual measures, for instance, in cases of inquiries regarding our products or services. If our company is subject to a legal obligation that requires the processing of personal data, such as for tax obligations, the processing is based on Art. 6(1)(c) GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or another natural person. This would be the case if, for instance, a visitor were injured at our premises and subsequently their name, age, health insurance information, or other vital information needed to be disclosed to a doctor, a hospital, or other third parties. In this context, the processing would be based on Art. 6(1)(d) GDPR. Ultimately, processing operations could be based on Art. 6(1)(f) GDPR. This legal basis applies to processing operations that are not covered by any of the aforementioned legal bases if the processing is necessary for safeguarding the legitimate interests of our company or a third party, provided that the interests, fundamental rights, and freedoms of the data subject do not override those interests. Such processing operations are specifically permitted as the European legislator has mentioned them in this context, considering that a legitimate interest may be assumed if the data subject is a customer of the controller (Recital 47, Sentence 2 GDPR).
11. Legitimate Interests in Processing Pursued by the Controller or a Third Party
If the processing of personal data is based on Article 6(1)(f) GDPR, our legitimate interest is to conduct our business operations for the benefit of the well-being of all our employees and our stakeholders.
12. Duration for Which Personal Data Are Stored
The criterion for the duration of storage of personal data is the respective statutory retention period. After the expiration of the period, the relevant data will be routinely deleted unless they are no longer necessary for the fulfillment of the contract or for the initiation of a contract.
13. Legal or Contractual Provisions Regarding the Provision of Personal Data; Necessity for Conclusion of Contract; Obligation of the Data Subject to Provide Personal Data; Possible Consequences of Non-Provision
We inform you that the provision of personal data is partially required by law (e.g., tax regulations) or may also arise from contractual provisions (e.g., information on the contracting partner). In some cases, it may be necessary to provide personal data to conclude a contract with us, which will subsequently need to be processed by us. For instance, the data subject is obligated to provide us with personal data when we enter into a contract with them. Failure to provide the personal data would result in our inability to conclude the contract with the data subject. 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 personal data is legally or contractually required or necessary for the conclusion of the contract, whether there is an obligation to provide the personal data, and what the consequences of not providing the personal data would be.
14. Existence of Automated Decision-Making
As a responsible company, we refrain from automated decision-making or profiling.
This data protection declaration was created using the data protection declaration generator of DGD Deutsche Gesellschaft für Datenschutz GmbH, which operates as an
external data protection officer in Essen, in cooperation with the
data protection lawyers of the law firm WILDE BEUGER SOLMECKE | Rechtsanwälte.
Disclaimer
We always strive to keep the content of these pages up to date and reserve the right to make changes or additions to the provided information. However, the data presented here may have changed since then, and we may not have updated it in time. Consequently, we cannot take any responsibility or guarantee for the currentness, accuracy, and completeness of the provided information, although we make every effort to do so. This also applies to all other websites referenced by hyperlinks. We are not responsible for the content of the websites that can be accessed through such connections.
