Privacy Policy
We are very pleased that you are interested in our company. Data protection is a top priority for the management of ProTec GmbH. In general, it is possible to use the ProTec GmbH website without providing any personal data. However, if a data subject wishes to use specific services offered by our company via our website, the processing of personal data may be 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 a data subject’s name, address, email address, or phone number—is always carried out in accordance with the General Data Protection Regulation (GDPR) and in compliance with the country-specific data protection regulations applicable to ProTec GmbH. Through this Privacy Policy, our company aims 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 of their rights. We are very pleased that you are interested in our company. Data protection is a top priority for the management of ProTec GmbH. In general, it is possible to use the ProTec GmbH website without providing any personal data. However, if a data subject wishes to use specific services offered by our company via our website, the processing of personal data may be 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 a data subject’s name, address, email address, or phone number—is always carried out in accordance with the General Data Protection Regulation (GDPR) and in compliance with the country-specific data protection regulations applicable to ProTec GmbH. Through this Privacy Policy, our company aims 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 of their rights.
1. Definitions
ProTec GmbH’s Privacy Policy is based on the terminology used by European legislators and regulators when enacting the General Data Protection Regulation (GDPR). Our Privacy Policy is intended to be easy to read and understand for the general 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 Privacy Policy, we use the following terms, among others:
a) Personal Data
Personal data refers to any information relating to an identified or identifiable natural person (hereinafter referred to as the “data subject”). A natural person is considered identifiable if they 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 specific characteristics that reflect 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.
c) Processing
Processing means any operation or set of operations performed on personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, distribution, or any other form of disclosure, the comparison or linking, the restriction, erasure, or destruction.
d) Restriction of processing
Restriction of processing refers to the marking of stored personal data with the aim of limiting its future processing.
e) Profiling
Profiling is any form of automated processing of personal data that consists of using such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person’s work performance, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements.
f) Pseudonymization
Pseudonymization is the processing of personal data in such a way 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 the personal data is not attributed to an identified or identifiable natural person.
g) Controller
The controller is the natural or legal person, public 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) Data Processor
A data processor is a natural or legal person, public authority, agency, or other body that processes personal data on behalf of the data controller.
i) Recipient
A recipient is a natural or legal person, public authority, agency, or other body to whom personal data is disclosed, regardless of whether or not that entity is a third party. However, public authorities that may receive personal data in the course of a specific investigative mandate under Union law or the law of the Member States are not considered recipients.
j) Third Party
A third party is a natural or legal person, public authority, agency, or other entity other than the data subject, the controller, the processor, and the persons authorized to process the personal data under the direct responsibility of the controller or the processor.
k) Consent
Consent means any freely given, specific, informed, and unambiguous indication of the data subject’s wishes, expressed in the form of a statement or other unambiguous affirmative action, by which the data subject indicates that he or she consents to the processing of personal data relating to him or her.
2. Name and Address of the Data Controller
The data 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 relating to data protection is:
ProTec GmbH
Oberer Stadtplatz 15
94469 Deggendorf
Germany
Tel.: 0991 9912162
Email: mail@protec-engineering.eu
Website: www.protec-engineering.eu
3. Collection of General Data and Information
The ProTec GmbH website collects a range of general data and information each time a data subject or an automated system accesses the website. This general data and information is stored in the server’s 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 (known as the referrer), (4) the subpages on our website accessed via an accessing system, (5) the date and time of access to the website, (6) an Internet Protocol (IP) address, (7) the Internet service provider of the accessing system, and (8) other similar data and information used to prevent threats in the event of attacks on our information technology systems.
ProTec GmbH does not use this general data and information to draw any conclusions about the data subject. Rather, this information is required to (1) correctly deliver the content of our website, (2) optimize the content of our website and the advertising displayed on it, (3) ensure the ongoing functionality of our information technology systems and the technology of our website, and (4) assist law enforcement authorities. ProTec GmbH does not use this general data and information to draw any conclusions about the data subject. Rather, this information is needed to (1) correctly deliver the content of our website, (2) optimize the content of our website and the advertising on it, (3) ensure the ongoing functionality of our information technology systems and the technology of our website, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in the event of a cyberattack. ProTec GmbH therefore evaluates this anonymously collected data and information both for statistical purposes and with the aim of enhancing data protection and data security within our company, ultimately to ensure an optimal level of protection for the personal data we process. The anonymous data from the server log files is stored separately from any personal data provided by a data subject.
4. Routine Deletion and Blocking of Personal Data
The data controller processes and stores the data subject’s personal data only for the period necessary to achieve the purpose of storage, or to the extent provided for by the European legislative bodies or other legislative bodies in laws or regulations to which the data controller is subject.
If the purpose of storage no longer applies or if a retention period prescribed by the European legislative and regulatory authorities or another competent legislative authority expires, the personal data will be routinely blocked or deleted in accordance with legal requirements.
5. Rights of the Data Subject
a) Right to Confirmation
Every data subject has the right, granted by the European legislative and regulatory authorities, 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 may contact a representative 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 European legislation, to obtain from the controller, at any time and free of charge, information regarding the personal data stored about them and a copy of such information. Furthermore, European legislation grants the data subject the right to receive the following information:
the purposes of processing
the categories of personal data that are 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 organizations
if possible, the planned 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 a right to rectification or erasure of personal data concerning them, or to restriction of processing by the controller, or the existence of a right to object to such processing;
the existence of a right to lodge a complaint with a supervisory authority;
where the personal data are not collected from the data subject: any 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 such cases, meaningful information about the logic involved, as well as the significance and intended consequences of such processing for the data subject.
Furthermore, the data subject has the right to obtain information as to whether personal data have 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 request the immediate rectification of inaccurate personal data concerning them. Furthermore, taking into account the purposes of the processing, the data subject has the right to request the completion of incomplete personal data, including by means of 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 request from the controller the immediate erasure of personal data concerning them, provided that one of the following grounds applies and insofar as the processing is not required:
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 is based pursuant to Article 6(1)(a) GDPR or Article 9(2)(a) GDPR, and there is no other legal basis for the processing.
The data subject objects to the processing pursuant to Article 21(1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) GDPR.
The personal data have been unlawfully processed.
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 the offer of information society services pursuant to Article 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 ProTec GmbH, they may contact an employee of the controller at any time.
The employee of ProTec GmbH will arrange for the erasure request to be complied with without undue delay.
Where the personal data have been made public by ProTec GmbH and our company, as controller, is obliged pursuant to Article 17(1) GDPR to erase the personal data, ProTec GmbH shall, taking into account the available technology and the cost of implementation, take appropriate measures, including technical measures, to inform other controllers processing the published personal data that the data subject has requested the erasure by such controllers of any links to, or copies or replications of, those personal data, insofar as the processing is not required. The employee of ProTec GmbH will arrange the necessary measures 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 that the controller restrict the processing where one of the following conditions is met:
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, and the data subject opposes the erasure of the personal data and requests instead the restriction of their use.
The controller no longer needs the personal data for the purposes of the processing, but the data subject requires them for the establishment, exercise or defence of legal claims.
The data subject has objected to processing pursuant to Article 21(1) GDPR, pending verification as to 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 ProTec GmbH, they may contact an employee of the controller at any time. The employee of ProTec GmbH will arrange for 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 the data subject has 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, where the processing is based on consent pursuant to Article 6(1)(a) GDPR or Article 9(2)(a) GDPR, or on a contract pursuant to Article 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, when exercising their right to data portability pursuant to Article 20 GDPR, the data subject has the right to have the personal data transmitted directly from one controller to another, where technically feasible and where doing so does not adversely affect the rights and freedoms of others. The employee of ProTec GmbH will arrange for the erasure request to be complied with without undue delay.
Where the personal data have been made public by ProTec GmbH and our company, as the controller, is obliged pursuant to Article 17(1) GDPR to erase the personal data, ProTec GmbH shall, taking into account the available technology and the cost of implementation, take appropriate measures, including technical measures, to inform other controllers processing the published personal data that the data subject has requested the erasure by such controllers of all links to these personal data, or of copies or replications of these personal data, insofar as the processing is not required. The employee of ProTec GmbH will arrange the necessary measures 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 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, and 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 processing, but the data subject requires them for the establishment, exercise or defence of legal claims.
The data subject has objected to processing pursuant to Article 21(1) GDPR, and it has not yet been determined whether the legitimate grounds of the controller override those of the data subject.
Where one of the above conditions applies and a data subject wishes to request the restriction of personal data stored by ProTec GmbH, they may contact an employee of the controller at any time. The employee of ProTec GmbH will arrange for 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 the data subject has 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, where the processing is based on consent pursuant to Article 6(1)(a) GDPR or Article 9(2)(a) GDPR, or on a contract pursuant to Article 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, when exercising their right to data portability pursuant to Article 20 GDPR, the data subject has the right to have the personal data transmitted directly from one controller to another, where technically feasible and where doing so does not adversely affect the rights and freedoms of others. the existence of a right to rectification or erasure of personal data concerning them, or to restriction of processing by the controller, or the existence of a right to object to such processing;
the existence of a right to lodge a complaint with a supervisory authority;
where the personal data are not collected from the data subject: any 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 such cases, meaningful information about the logic involved, as well as the significance and intended consequences of such processing for the data subject.
Furthermore, the data subject has the right to obtain information as to whether personal data have 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 request the immediate rectification of inaccurate personal data concerning them. Furthermore, taking into account the purposes of the processing, the data subject has the right to request the completion of incomplete personal data, including by means of 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 request from the controller the immediate erasure of personal data concerning them, provided that one of the following grounds applies and insofar as the processing is not required:
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 is based pursuant to Article 6(1)(a) GDPR or Article 9(2)(a) GDPR, and there is no other legal basis for the processing.
The data subject objects to the processing pursuant to Article 21(1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) GDPR.
The personal data have been unlawfully processed.
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 the offer of information society services pursuant to Article 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 ProTec GmbH, they may contact an employee of the controller at any time.
The employee of ProTec GmbH will arrange for the erasure request to be complied with without undue delay.
Where the personal data have been made public by ProTec GmbH and our company, as controller, is obliged pursuant to Article 17(1) GDPR to erase the personal data, ProTec GmbH shall, taking into account the available technology and the cost of implementation, take appropriate measures, including technical measures, to inform other controllers processing the published personal data that the data subject has requested the erasure by such controllers of any links to, or copies or replications of, those personal data, insofar as the processing is not required. The employee of ProTec GmbH will arrange the necessary measures 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 that the controller restrict the processing where one of the following conditions is met:
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, and the data subject opposes the erasure of the personal data and requests instead the restriction of their use.
The controller no longer needs the personal data for the purposes of the processing, but the data subject requires them for the establishment, exercise or defence of legal claims.
The data subject has objected to processing pursuant to Article 21(1) GDPR, pending verification as to 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 ProTec GmbH, they may contact an employee of the controller at any time. The employee of ProTec GmbH will arrange for 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 the data subject has 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, where the processing is based on consent pursuant to Article 6(1)(a) GDPR or Article 9(2)(a) GDPR, or on a contract pursuant to Article 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, when exercising their right to data portability pursuant to Article 20 GDPR, the data subject has the right to have the personal data transmitted directly from one controller to another, where technically feasible and where doing so does not adversely affect the rights and freedoms of others.
h) Automated decisions in individual cases, including profiling
Every data subject whose personal data is being processed 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 the data subject or similarly significantly affects the data subject, provided that the decision (1) is not necessary for the conclusion or 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 that law provides for appropriate measures to safeguard the rights and freedoms as well as the legitimate interests of the data subject, or (3) is based on the data subject’s explicit consent.
If the decision (1) is necessary for the conclusion or performance of a contract between the data subject and the controller, or (2) is it made with the data subject’s explicit consent, ProTec GmbH shall take appropriate measures to safeguard the data subject’s rights and freedoms as well as their legitimate interests, including, at a minimum, the right to request human intervention by the controller, to present their own point of view, and to challenge the decision.
If the data subject wishes to exercise rights related to automated decision-making, he or she may contact a representative of the data 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 European legislation, to withdraw consent to the processing of personal data at any time.
If the data subject wishes to exercise their right to withdraw consent, they may contact a representative of the data controller at any time.
6. Data Protection for Job Applications and the Application Process
The data controller collects and processes the personal data of applicants for the purpose of handling the application process. This processing may also be carried out electronically. This is particularly the case when an applicant submits the relevant application documents to the data controller electronically, for example via email or through a web form on the website. If the data controller enters into an employment contract with an applicant, the submitted data will be stored for the purpose of managing the employment relationship in accordance with legal requirements. If the data controller does not enter into an employment contract with the applicant, the application documents will be automatically deleted two months after notification of the rejection decision, provided that no other legitimate interests of the data controller preclude such deletion. Other legitimate interests in this context include, for example, a burden of proof in proceedings under the General Equal Treatment Act (AGG).
Legal basis for processing
Article 6(1)(a) GDPR serves as the legal basis for our company for processing operations where we obtain consent for a specific processing purpose.
Where 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 that are necessary for the delivery of goods or the provision of another service or consideration, the processing is based on Article 6(1)(b) GDPR. The same applies to processing operations that are necessary for the implementation of pre-contractual measures, for example in cases of inquiries regarding our products or services.
Where our company is subject to a legal obligation requiring the processing of personal data, for example to comply with tax obligations, the processing is based on Article 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 disclosed to a doctor, hospital or other third parties. In such a case, the processing would be based on Article 6(1)(d) GDPR.
Finally, processing operations may be based on Article 6(1)(f) GDPR. Processing operations that are not covered by any of the aforementioned legal bases are based on this legal basis where the processing is necessary for the purposes of a legitimate interest pursued by our company or by a third party, provided that the interests, fundamental rights and freedoms of the data subject do not override such interests.
Such processing operations are permitted in particular because they have been specifically mentioned by the European legislator. In this regard, the legislator took the view that a legitimate interest could be assumed where the data subject is a customer of the controller, pursuant to Recital 47, Sentence 2 GDPR.
Legitimate interests in the processing pursued by the controller or by 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.
Period for which the personal data will be stored
The criterion for the duration of the storage of personal data is the respective statutory retention period. After expiry of this period, the corresponding data will be routinely erased, provided that they are no longer required for the performance or initiation of a contract.
Statutory or contractual requirements to provide 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 the data
We inform you that the provision of personal data is partly required by law, for example under tax regulations, or may also arise from contractual provisions, for example information relating to the contractual partner.
In some cases, it may be necessary for the conclusion of a contract that a data subject provides 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 enters into 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 necessary for the conclusion of a contract, whether there is an obligation to provide the personal data, and what consequences failure to provide the personal data would have.
Existence of automated decision-making
As a responsible company, we do not use automated decision-making or profiling.