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Data Protection Policy

Data Protection Policy of e.stradis GmbH

We attach great importance to the protection of your personal data and the transparent handling of these. This policy explains why we process which data when you visit our website and what information rights you have.

1     Definitions

The data privacy policy of e.stradis GmbH is based on the terminology used by the European General Data Protection Regulation (GDPR). Our privacy policy should be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we explain the terms used in advance.

1.1    Personal Data

Personal data is any information relating to an identified or identifiable natural person (hereinafter the "data subject"). A natural person is considered to be identifiable if it can be identified, directly or indirectly, in particular by association with an identifier such as a name, an identification number, location data, an online identifier or one or more special features, which expresses the physical, physiological, genetic, mental, economic, cultural or social identity of this natural person.

1.2    Affected Person

Affected person is any identified or identifiable natural person whose personal data is processed by the responsible data processor.

1.3    Processing

Processing means any process or series of operations related to personal data, such as collecting, entering, organizing, sorting, storing, adapting or modifying, reading, querying, using, with or without the aid of automated procedures; disclosure by submission, dissemination or other form of provision, reconciliation or association, restriction, erasure or destruction.

1.4    Limitation of Processing

Restriction of the processing is the marking of stored personal data with the aim to limit their future processing.

1.5    Profiling

Profiling is any kind of automated processing of personal data that consists in using that personal information to evaluate certain personal aspects relating to a natural person, in particular aspects relating to job performance, economic situation, health, to analyze or predict personal preferences, interests, reliability, behavior, whereabouts or relocation of that natural person.

 

1.6    Pseudonymization

Pseudonymization is the processing of personal data in such a way that personal data can no longer be attributed to a specific data subject without the need for additional information, provided that such additional information is kept separate and subject to technical and organizational measures to ensure that the personal data cannot be assigned to an identified or identifiable natural person.

1.7    Responsible Data Processor

The responsible data processor is the natural or legal person, public authority, institution or other body that, alone or together with others, decides on the purposes and means of processing personal data. Where the purposes and means of such processing are determined by Union law or the law of the Member States, the processor or the specific criteria for his designation may be provided for under Union or national law.

1.8    Order Data Processor

The order data processor is a natural or legal person, public authority, agency or other body that processes personal data on behalf of the responsible data processor.

1.9    Recipient

Recipient is a natural or legal person, agency, institution or other entity to whom personal data is disclosed, whether or not it is a third party. However, authorities which may receive personal data under Union or national law in connection with a particular mission are not considered as recipients.

1.10   Third Party

Third party is a natural or legal person, public authority, body or institution other than the affected person, the responsible data processor, the order data processor or a person authorized to process the personal data by the responsible data processor or the order data processor.

1.11   Consent

Consent is any voluntarily given and unambiguously expressed form of a statement or other unambiguous confirmatory act by the affected person for the particular case, by which the affected person indicates that they consent to the processing of the personal data concerning him / her.

2     Name and Address of the responsible data processor

The responsible data processor within the meaning of the general data protection regulation and other national data protection laws of the member states as well as other data protection regulations is:

 

e.stradis GmbH

Alter Postweg 101

86159 Augsburg

Deutschland

Tel.: +49 821 259 291 100

E-Mail: info@estradis.com

Website: www.estradis.com

 

The data protection officer of the responsible data processor is:

Patrick Itzel

Vogelsbergstraße 8

63505 Langenselbold

E-Mail: dsb@pic-systeme.de

 

3     General information about data processing

3.1    Extent of processing of personal data

In principle, we only collect and use the personal data of visitors to our website as far as this is necessary to provide a functioning website and our content and services, or if the visitors to our website wish to submit personal data to us for the purpose of establishing contact.

The collection and use of personal data of our users in general takes place only with the consent of the user. An exception applies to cases in which prior consent cannot be obtained for reasons of fact and the processing of the data is permitted by law.

3.2    Legal basis for the processing of personal data

As far as we obtain the consent of the affected person for processing of personal data, Art. 6 para. 1 lit. a EU General Data Protection Regulation (GDPR) serves as the legal basis for the processing of personal data.

When processing personal data necessary for the performance of a contract to which the affected person is a party, Art. 6 para. 1 lit. b (GDPR) serves as legal basis. This also applies to processing operations required to carry out pre-contractual actions.

As far as processing of personal data is required to fulfil a legal obligation that our company is subject to, Art. 6 para. 1 lit. c (GDPR) serves as the legal basis.

In the event that vital interests of the affected person or another natural person require the processing of personal data, Art. 6 para. 1 lit. d (GDPR) serves as the legal basis.

If processing is necessary to safeguard the legitimate interests of our company or a third party, and if the interests, fundamental rights and freedoms of the affected person do not prevail over the first interest, Art. 6 para. 1 lit. f (GDPR) serves as legal basis for processing.

3.3    Data deletion and duration of data storage

The personal data of the affected person will be deleted or blocked as soon as the purpose of the storage ceases to exist. In addition, such deletion may take place if provided for by the European or national legislator in EU regulations, laws or other regulations to which the responsible data processor is subject to. Blocking or deletion of the data also takes place when a storage period prescribed by the standards mentioned expires, unless there is a need for further storage of the data for conclusion of a contract or fulfillment of the contract.

4     Provision of the website and creation of log files

4.1    Description and extent of data processing

Each time our website is accessed, our system automatically collects data and information from the computer system of the calling computer. The following data is collected here:

  • Information about the browser type and version used
    • The operating system of the user
    • The Internet service provider of the user
    • The IP address of the user
    • Date and time of access
    • Websites from which the user's system accesses our website
    • Websites accessed by the user's system through our website

The data is stored in the log files of our system. Storage of this data together with other personal data of the user does not take place.

4.2    Legal basis for data processing

The legal basis for the temporary storage of data and log files is Art. 6 para. 1 lit. f GDPR.

4.3    Purpose of the data processing

The temporary storage of the IP address by the system is necessary to allow delivery of the website to the computer of the user. To do this, the user's IP address must be kept for the duration of the session.

Storage in log files is done to ensure the functionality of the website. In addition, the data is used to optimize the website and to ensure the security of our information technology systems. An evaluation of this data for the identification and direct addressing of our website visitors does not take place in this context.

These purposes constitute our legitimate interest in the processing of data according to Art. 6 para. 1 lit. f GDPR.

4.4    Duration of Storage

The data will be deleted as soon as it is no longer necessary for the purpose of its collection. In the case of collecting the data for providing the website, this is the case when the respective session is completed. In the case of storing the data in log files, this is the case after one year.

4.5    Opposition and removal option

The collection of data for the provision of the website and the storage of the data in log files is essential for the operation of the website. There is consequently no possibility to contradict from the user’s side.

5     Use of cookies

5.1     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 visits a website, a cookie may be stored on the user's operating system. This cookie contains a characteristic string that allows the browser to be uniquely identified when the website is reopened.

We use cookies to make our website more user-friendly. Some elements of our website require that the calling browser be identified even after a page break. The following data is stored and transmitted in the cookies:

  • Session ID

5.2    Legal basis for data processing

The legal basis for the processing of personal data using cookies is Article 6 (1) lit. f GDPR

5.3    Purpose of the data processing

The purpose of using technically necessary cookies is to facilitate the use of websites for users. Some features of our website cannot be offered without the use of cookies. For these, it is necessary that the browser is recognized even after a page break.

The user data collected through technically necessary cookies will not be used to create user profiles.

For these purposes, our legitimate interest in the processing of personal data pursuant is Art. 6 para. 1 lit. f GDPR

5.4    Duration of storage, objection and disposal options

Cookies are stored on the computer of the user and transmitted by this to our side. Therefore, as a user, you have full control over the use of cookies.

By changing the settings in your internet browser, you can disable or restrict the transmission of cookies. Already saved cookies can be deleted at any time. This can also be done automatically. If cookies are disabled for our website, it may not be possible to fully use all the functions of the website.

6     Contact form and e-mail-contact

6.1    Description and scope of data processing

On our website a contact form is available, which can be used for electronic contact. If a user accepts this option, the data entered in the input mask will be transmitted to us and saved. These data are:

  • Name
  • E-mail address
  • Phone
  • Your message

At the time of sending the message, the date and time are also saved.

Before submitting the form data, the user is notified of this privacy policy. By submitting the data, the user consents to the processing of this data in accordance with this Privacy Policy.

Alternatively, contact via the provided e-mail address is possible. In this case, the user's personal data transmitted by e-mail will be stored.

In this context, no data is passed on to third parties. The data will only be used to process the conversation with you.

6.2    Legal basis for data processing

Legal basis for the processing of the data is in the presence of the consent of the user Art. 6 para. 1 lit. a GDPR

The legal basis for the processing of the data transmitted in the course of sending an e-mail is Art. 6 (1) lit. f GDPR.

If the e-mail contact aims to conclude a contract, then additional legal basis for the processing is Art. 6 para. 1 lit. b GDPR

6.3    Purpose of the data processing

The processing of the personal data from the input mask serves solely to process the contact and to conduct the further conversation with you. In the case of contact via e-mail, this also includes the required legitimate interest in the processing of the data.

The other personal data processed during the sending process serve to prevent misuse of the contact form and to ensure the security of our information technology systems.

6.4    Duration of storage

The data will be deleted as soon as it is no longer necessary for the purpose of its collection. For the personal data from the input form of the contact form and those sent by e-mail, this is the case when the 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 finally clarified and the person concerned does not want any further conversation.

6.5    Opposition and removal possibility

The person concerned has the option at any time to revoke his consent to the processing of personal data. The revocation of consent and the objection of storage can be made informally by email, by mail or by telephone.

All personal data stored in the course of contacting will be deleted in this case. In such a case, the conversation cannot continue.

7     Data protection in applications and in the application process

7.1    Description and scope of data processing

A job application can also be processed electronically. This is particularly the case if an applicant submits corresponding application documents to the responsible data processor by electronic means, for example by e-mail or via a web form available on the website. Applicant data includes data submitted by the data subject. The data will be used exclusively by employees of the responsible data processor to process the application or, after the candidate has given his consent, to add the applicant to the pool of applicants. Applicant pool means that the responsible data processor holds the data of the affected person in order to contact it to initiate a possible employment relationship if the need for employment changes.

7.2    Purpose of the data processing

The responsible data processor collects and processes the personal data of applicants for the purpose of handling the application process. The processing can also be done electronically. This is particularly the case if an applicant submits corresponding application documents to the responsible data processor by electronic means, for example by e-mail or via a web form available on the website. If the affected person gives his consent, the responsible data processor can also save the applicant's data in his pool of applicants.

7.3    Legal basis for data processing

Legal basis for the processing of the data is the presence of the consent of the user Art. 6 para. 1 lit. a GDPR. The legal basis for the processing of the data transmitted in the course of sending an e-mail is Article 6 (1) lit. f DSGVO. If the e-mail contact aims to conclude a contract, then additional legal basis for the processing is Art. 6 para. 1 lit. b GDPR.

7.4    Duration of storage

If the responsible data processor concludes a contract of employment with an applicant, the data transmitted will be stored for the purposes of the employment relationship in accordance with the law.

If no employment contract is concluded with the candidate by the responsible data processor, the application documents will be automatically deleted three months after the announcement of the rejection decision, unless deletion precludes other legitimate interests of the responsible data processor. Other legitimate interest in this sense, for example, a burden of proof in a court procedure under the General Equal Treatment Act (AGG).

The applicant's data will not be deleted even if he gives his consent to the storage of his data for the purpose of being admitted to the pool of applicants.

7.5    Revocation and removal option

The person concerned has the option at any time to revoke his consent to the processing of personal data. The revocation of consent and the objection of storage can be made informally by email, by mail or by telephone.

All personal data saved during the application will be deleted in this case. In such a case, the processing of the application cannot be continued and claims under the AGG expire. The revocation of consent to the processing of personal data is stored to defend against legal claims.

8     Rights of the affected person

If personal data of you is processed, you are affected person in the sense of the GDPR and you have the following rights to the person responsible:

8.1    Right to information

You may ask the responsible data processor to confirm if personal data concerning you is processed by him.

If such processing is available, you can request information from the person responsible about the following information:

 

(1) the purposes for which the personal data are processed;

(2) the categories of personal data being processed;

(3) the recipients or categories of recipients to whom the personal data relating to you have been disclosed or are still being disclosed;

(4) the planned duration of the storage of your personal data or, if specific information is not available, criteria for determining the duration of storage;

(5) the existence of a right to rectification or erasure of personal data concerning you, a right to restriction of processing by the responsible data processor or a right to object to such processing;

(6) the existence of a right of appeal to a supervisory authority;

(7) all available information on the source of the data if the personal data is not collected from the affected person;

(8) the existence of automated decision-making including profiling under Article 22 (1) and (4) GDPR and, at least in these cases, meaningful information about the logic involved, and the scope and intended impact of such processing on the affected person.

 

You have the right to request information about whether your personal information is transmitted to a third country or an international organization. In this connection, you can request the appropriate guarantees in accordance with Art. 46 GDPR in connection with the transfer.

8.2    Right to rectification

You have a right to rectification and / or completion against the responsible data processor, if the personal data that affects you is incorrect or incomplete. The responsible data processor must make the correction without delay.

8.3    Right to restriction of processing

You may request the restriction of the processing of your personal data under the following conditions:

(1) if you contest the accuracy of your personal information for a period of time that enables the responsible data processor to verify the accuracy of your personal information;

(2) the processing is unlawful and you refuse the deletion of the personal data and instead demand the restriction of the use of the personal data;

(3) the responsible data processor no longer needs the personal data for the purposes of processing, but you need it to assert, exercise or defend legal claims; or

(4) if you have objected to the processing pursuant to Art. 21 (1) GDPR and it is not yet certain whether the legitimate reasons of the responsible data processor outweigh your reasons.

If the processing of personal data concerning you has been restricted, this data may only be used with your consent or for the purpose of asserting, exercising or defending legal claims or protecting the rights of another natural or legal person or for reasons of important public interest of the Union or a Member State.

If the limitation of the processing after the above mentioned conditions is restricted, you will be informed by the responsible data processor before the restriction is reversed.

8.4    Right to deletion

8.4.1 Deletion obligations

You may require from the responsible data processor to delete your personal information without delay, and the responsible data processor is required to delete that information immediately if one of the following is true:

(1) Personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.

(2) You revoke your consent, which the processing acc. Art. 6 para. 1 lit. Art. 6 para. 1 lit. GDPR was based on and there is no other legal basis for processing.

(3) According to Art. 21 para. 1 GDPR objection to the processing and there are no prior justifiable reasons for the processing, or you lay according to Art. 21 para. 2 GDPR opposition to processing.

(4) Your personal data have been processed unlawfully.

(5) The deletion of personal data concerning you shall be required to fulfill a legal obligation under Union law or the law of the Member States to which the responsible person is subject.

(6) The personal data concerning you were collected in relation to information society services offered pursuant to Art. 8 (1) GDPR.

 

8.4.2  Information to third parties

If the responsible data processor has made public the personal data concerning you and is obliged to deletion accoding to Article 17 (1) of the GDPR, it shall take appropriate measures, including technical means, to inform responsible data processor who process the personal data that you have been identified as being affected, taking into account available technology and implementation costs persons requesting deletion of all links to such personal data or of copies or replications of such personal data.

The right to erasure does not exist if the processing is necessary

 (1) to exercise the right to freedom of expression and information;

(2) to fulfill a legal obligation required by the law of the Union or of the Member States to which the responsible data processor is subject, or to carry out a task which is in the public interest or in the exercise of official authority conferring on the responsible data processor has been;

(3) for reasons of public interest in the field of public health pursuant to Art. 9 (2) lit. h and i and Art. 9 (3) GDPR;

(4) for archival purposes of public interest, scientific or historical research purposes or for statistical purposes acc. Article 89 (1) GDPR, to the extent that the law referred to in subparagraph (a) is likely to render impossible or seriously affect the achievement of the objectives of that processing, or

(5) to assert, exercise or defend legal claims.

 

8.5    Right of information

If you have the right of rectification, erasure or restriction of processing against the responsible data processor, he / she is obliged to notify all recipients to whom your personal data have been disclosed of this correction or deletion of the data or restriction of processing, unless: this proves to be impossible or involves a disproportionate effort.

You have a right to the responsible data processor to be informed about these recipients.

8.6    Right of Data Portability

You have the right to receive personally identifiable information you provide to the responsible data processor in a structured, common and machine-readable format. In addition, you have the right to transfer this data to another person without hindrance by the responsible data processor for providing the personal data, provided that

(1) the processing is based on a consent acc. Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR or on a contract acc. Art. 6 para. 1 lit. b GDPR and

(2) the processing is done by automated prcedures.

 

In exercising this right, you also have the right to obtain that your personal data relating to you are transmitted directly from one responsible person to another, as far as this is technically feasible. Freedoms and rights of other persons may not be affected.

The right to data portability does not apply to the processing of personal data necessary for the performance of a task in the public interest or in the exercise of official authority delegated to the responsible data processor.

8.7    Right of objection

You have the right at any time, for reasons that arise from your particular situation, to object against the processing of your personal data, which takes place on the basis of  Art. 6 para. 1 lit. e or f GDPR; this also applies to profiling based on these provisions.

The responsible data processor will no longer process the personal data concerning you unless he can demonstrate compelling legitimate reasons for processing that outweigh your interests, rights and freedoms, or the processing is for the purpose of enforcing, exercising or defending legal claims

If the personal data relating to you are processed for direct marketing purposes, you have the right to object at any time to the processing of your personal data for the purpose of such advertising; this also applies to profiling insofar as it is associated with direct marketing.

If you object the processing for direct marketing purposes, your personal data will no longer be processed for these purposes.

Regardless of Directive 2002/58 / EC, you have the option, in the context of the use of information society services, of exercising your right to object through automated procedures that use technical specifications.

8.8    Right to revoke the data protection consent declaration

You have the right to revoke your consent to the data protection declaration at any time. The revocation of consent does not affect the legality of the processing carried out on the basis of the consent until the revocation.

8.9    Automated decision on a case-by-case basis, including profiling

You have the right not to be subjected to a decision based solely on automated processing - including profiling - that will have legal effect or similarly affect you in a similar manner. This does not apply if the decision

 

(1) is required for the conclusion or performance of a contract between you and the responsible data processor,

(2) is permitted by Union or Member State legislation to which the responsible data processor is subject, and where such legislation contains appropriate measures to safeguard your rights and freedoms and legitimate interests, or

(3) is based on your explicit consent.

 

However, these decisions must not be based on special categories of personal data under Art. 9 (1) GDPR, unless Art. 9 (2) lit. a or g and reasonable measures have been taken to protect the rights and freedoms and your legitimate interests.

With regard to the cases referred to in (1) and (3), the responsible data processor shall take appropriate measures to uphold the rights and freedoms and their legitimate interests, including at least the right to obtain the intervention of a person by the responsible data processor, to express his / her own position and heard on challenge of the decision.

8.10   Right to complain to a supervisory authority

Without prejudice to any other administrative or judicial remedy, you shall have the right to complain to a supervisory authority, in particular in the Member State of its residence, place of work or place of alleged infringement, if you believe that the processing of the personal data concerning you violates the GDPR.

The supervisory authority to which the complaint has been submitted shall inform the complainant of the status and results of the complaint, including the possibility of a judicial remedy pursuant to Article 78 of the GDPR.