We are delighted by your interest in our company. Data protection has a particularly high priority for the management of Option Eins GmbH. The use of our company’s websites is generally possible without any disclosure of personal data. However, if an affected person wishes to use special services of our company through our website, the processing of personal data may become necessary. If the processing of personal data is required and there is no legal basis for such processing, we generally obtain the consent of the person concerned.
The processing of personal data, such as the name, address, e-mail address or telephone number of a data subject, is always carried out in accordance with the General Data Protection Regulation and in compliance with the country-specific data protection regulations applicable to Option Eins GmbH. The purpose of this data protection declaration is to inform the public about the nature, scope and purpose of the personal data collected, used and processed by us. Furthermore, the data subjects are informed about the rights to which they are entitled through this data protection declaration.
As the controller responsible for the processing, Option Eins GmbH has implemented numerous technical and organizational measures to ensure the most complete protection possible of the personal data processed through this website. Nevertheless, internet-based data transmissions can generally have security gaps, so that absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us by alternative means, such as by telephone.
1. Definitions
The data protection declaration of Option Eins GmbH is based on the terminology used by the European legislator and regulator when issuing the General Data Protection Regulation (GDPR). Our data protection declaration should be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to explain the terminology used in advance.
Among other things, we use the following terms in this data protection declaration:
a) Personal data
Personal data is any information relating to an identified or identifiable natural person (hereinafter referred to as “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
Data subject is any identified or identifiable natural person whose personal data is processed by the controller responsible for the processing.
c) Processing
Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, 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 is 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 analyze or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements.
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 to ensure that the personal data are not attributed to an identified or identifiable natural person.
g) Controller or controller responsible for the processing
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 or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
h) Processor
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
i) Recipient
Recipient is a natural or legal person, public authority, agency or another body, to which the 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 in accordance with Union or Member State law shall not be regarded as recipients.
j) Third party
Third party is a natural or legal person, public 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 the personal data.
k) Consent
Consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, 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 with data protection character is:
Option Eins GmbH
Musterstraße 12
12345 Musterstadt
Deutschland
Telefon: +49 (0) 12 34 / 56 78 90
E-Mail: info@option-eins.de
Website: www.option-eins.de
3. Cookies
The websites of Option Eins GmbH use cookies. Cookies are text files that are stored and saved on a computer system via an internet browser.
Many 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 string of characters through which websites and servers can be assigned to the specific internet browser in which the cookie was stored. This allows the visited websites and servers to distinguish the individual browser of the data subject from other internet browsers that contain different cookies. A specific internet browser can be recognized and identified via the unique cookie ID.
By using cookies, Option Eins GmbH can provide users of this website with more user-friendly services that would not be possible without the cookie setting.
By means of a cookie, the information and offers on our website can be optimized for the user’s benefit. Cookies, as already mentioned, allow us 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 data again every time they visit the website, as 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 the virtual shopping cart via a cookie.
The data subject can prevent the setting of cookies by our website at any time by means of a corresponding setting of the internet browser used and 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.
4. Collection of general data and information
The website of Option Eins GmbH collects a series of general data and information with each call of the website by a data subject or an automated system. This general data and information is stored in the server’s log files. The following can 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 referrer), (4) the sub-pages which 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 avert danger in the event of attacks on our information technology systems
Option Eins GmbH does not draw any conclusions about the data subject when using this general data and information. This information is rather necessary to (1) deliver the contents of our website correctly, (2) optimize the content of our website and the advertising for it, (3) ensure the permanent functionality of our information technology systems and the technology of our website, and (4) to provide law enforcement authorities with the information necessary for criminal prosecution in the event of a cyber attack. This anonymously collected data and information is therefore analyzed by Option Eins GmbH both statistically and with the aim of increasing data protection and data security in our company, in order to ultimately ensure an optimal level of protection for the personal data we process. The anonymous data from the server log files is stored separately from all personal data provided by a data subject.
5. Contact possibility via the website
The website of Option Eins GmbH contains information required by law that enables quick electronic contact with our company and direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the controller responsible for the processing by e-mail or via a contact form, the personal data transmitted by the data subject is automatically stored. Such personal data voluntarily provided by a data subject to the controller responsible for the processing is stored for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third parties.
6. Routine deletion and blocking of personal data
The controller responsible for the processing only processes and stores the personal data of the data subject for the period necessary to achieve the purpose of storage or if this is provided for by the European directives and regulations or another legislator in laws or regulations to which the controller responsible for the processing is subject.
If the purpose of storage no longer applies or a storage period prescribed by the European directives and regulations or another competent legislator expires, the personal data is routinely blocked or deleted in accordance with the legal regulations.
7. Rights of the data subject
a) Right to confirmation
Every data subject has the right granted by the European directives and regulations to require the controller to confirm whether personal data concerning him or her is being processed. If a data subject wishes to exercise this right of confirmation, he or she may at any time contact our data protection officer or another employee of the controller.
b) Right to information
Every person affected by the processing of personal data has the right granted by the European directives and regulations to obtain from the controller at any time, free of charge, information about the personal data stored about his or her person and a copy of this information. Furthermore, the European directives and regulations have granted the data subject information about the following information:
• the processing purposes
• 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 duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration
• the existence of a right to rectification or erasure of the personal data concerning him or her or to restriction of processing by the controller or a right to object to such processing
• the existence of a right of appeal to a supervisory authority
• if the personal data are not collected from the data subject: All available information about the origin of the data
• the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and, at least in these cases, meaningful information about the logic involved as well as the scope and intended consequences of such processing for the data subject
Furthermore, the data subject has the right to be informed whether personal data has been transmitted to a third country or an international organization. If this is the case, the data subject also has the right to obtain information about the appropriate safeguards in connection with the transfer.
If a data subject wishes to exercise this right of access, he or she may contact our data protection officer or another employee of the controller responsible for the processing at any time.
c) Right to rectification
Every person affected by the processing of personal data has the right granted by the European directives and regulations to demand the immediate rectification of inaccurate personal data concerning him or her. Furthermore, the data subject has the right to request the completion of incomplete personal data – also by means of a supplementary declaration – taking into account the purposes of the processing.
If a data subject wishes to exercise this right of rectification, he or she may contact our data protection officer or another employee of the controller responsible for the processing at any time.
d) Right to erasure (right to be forgotten)
Every person affected by the processing of personal data has the right granted by the European directives and regulations to require the controller to delete the personal data concerning him or her immediately, provided that 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 Article 6(1)(a) of the GDPR or Article 9(2)(a) of the GDPR, and there is no other legal basis for the processing.
• The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
• The personal data have been unlawfully processed.
• The deletion of the personal data is necessary 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 information society services offered pursuant to Article 8(1) of the GDPR.
If one of the above-mentioned reasons applies and a data subject wishes to have personal data stored at Option Eins GmbH deleted, he or she can contact our data protection officer or another employee of the controller responsible for the processing at any time. The data protection officer of Option Eins GmbH or another employee will ensure that the request for deletion is complied with immediately.
If the personal data has been made public by Option Eins GmbH and our company is obliged to delete the personal data as the controller pursuant to Article 17(1) of the GDPR, Option Eins GmbH will take reasonable measures, including of a technical nature, to inform other controllers responsible for data processing who are processing the published personal data that the data subject has requested the deletion of all links to this personal data or of copies or replications of this personal data, insofar as the processing is not necessary. The data protection officer of Option Eins GmbH or another employee will take the necessary measures in the individual case.
e) Right to restriction of processing
Every person affected by the processing of personal data has the right granted by the European directives and regulations to demand from the controller a restriction of processing if one of the following conditions is met:
• The accuracy of the personal data is disputed 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 refuses to delete 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 the processing, but the data subject requires them for the establishment, exercise or defense of legal claims.
• The data subject has objected to the processing pursuant to Article 21(1) of the GDPR and it has not yet been determined whether the controller’s legitimate reasons outweigh 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 at Option Eins GmbH, he or she may contact our data protection officer or another employee of the controller responsible for the processing at any time. The data protection officer of Option Eins GmbH or another employee will arrange for the processing to be restricted.
f) Right to data portability
Every person affected by the processing of personal data has the right granted by the European directives and regulations to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format. He or she also has the right to transmit this data to another controller without hindrance from the controller to whom the personal data has been provided, provided the processing is based on consent pursuant to Article 6(1)(a) of the GDPR or Article 9(2)(a) of the GDPR or on a contract pursuant to Article 6(1)(b) of the 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, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject has the right to obtain that the personal data be transmitted directly from one controller to another, where technically feasible and where this does not adversely affect the rights and freedoms of others.
To assert the right to data portability, the data subject may contact the data protection officer appointed by Option Eins GmbH or another employee at any time.
g) Right to object
Every person affected by the processing of personal data has the right granted by the European directives and regulations to object at any time, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her which is based on Article 6(1)(e) or (f) of the GDPR. This also applies to profiling based on these provisions.
Option Eins GmbH will no longer process the personal data in the event of an objection, 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 to assert, exercise or defend legal claims.
If Option Eins GmbH processes personal data for the purpose of direct marketing, the data subject has the right to object at any time to the processing of personal data concerning him or her for the purposes of such advertising. This also applies to profiling insofar as it is related to such direct marketing. If the data subject objects to Option Eins GmbH regarding the processing for the purposes of direct marketing, Option Eins GmbH will no longer process the personal data for these purposes.
Furthermore, the data subject has the right to object, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her that takes place at Option Eins GmbH for scientific or historical research purposes or statistical purposes pursuant to Article 89(1) of the 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 the data protection officer of Option Eins GmbH or another employee directly. Furthermore, the data subject is free to exercise his or her right to object by automated means using technical specifications in connection with the use of information society services, regardless of Directive 2002/58/EC.
h) Automated individual decision-making, including profiling
Every person affected by the processing of personal data has the right granted by the European directives and regulations not to be subject to a decision based solely on automated processing – including profiling – that produces legal effects concerning him or her or similarly significantly affects him or her, unless the decision (1) is 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 which provides for appropriate measures to safeguard the rights and freedoms and 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 based on the data subject’s explicit consent, Option Eins GmbH shall take appropriate measures to safeguard the rights and freedoms and legitimate interests of the data subject, which include at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision.
If the data subject wishes to assert rights with regard to automated decisions, he or she can contact our data protection officer or another employee of the controller responsible for the processing at any time.
i) Right to withdraw consent under data protection law
Every person affected by the processing of personal data has the right granted by the European directives and regulations to withdraw consent to the processing of personal data at any time.
If the data subject wishes to exercise his or her right to withdraw consent, he or she can contact our data protection officer or another employee of the controller responsible for the processing at any time.
08. Data protection in applications and the application process
The controller collects and processes the personal data of applicants for the purpose of handling the application process. The processing may also be done electronically. This is particularly the case when an applicant submits the corresponding application documents electronically, for example by email or via a web form on the website, to the controller. If the controller concludes an employment contract with an applicant, the transmitted data will be stored for the purpose of handling the employment relationship in compliance with the legal regulations. If the controller does not conclude an employment contract with the applicant, the application documents will be automatically deleted two months after the rejection decision is communicated, unless there are any other legitimate interests of the controller that prevent deletion. An example of another legitimate interest in this sense is an obligation to provide evidence in a procedure under the General Equal Treatment Act (AGG).
09. Legal basis for the processing
Art. 6 I lit. a GDPR serves as the legal basis for our company’s 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 that are necessary for the delivery of goods or the provision of any other service or consideration, the processing is based on Art. 6 I lit. b GDPR. The same applies to such processing operations that are necessary for the implementation of pre-contractual measures, such as in cases of inquiries about our products or services. If our company is subject to a legal obligation which requires the processing of personal data, such as for the fulfillment of tax obligations, the processing is based on Art. 6 I lit. c GDPR. In rare cases, the processing of personal data could 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 to our company were injured and his name, age, health insurance data or other vital information had to be passed on to a doctor, hospital or other third parties. In that case, the processing would be based on Art. 6 I lit. d GDPR. Finally, processing operations could be based on Art. 6 I lit. f GDPR. This legal basis underlies processing operations that are not covered by any of the aforementioned legal bases, if 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 take precedence. In particular, we are permitted to carry out such processing operations because they were expressly mentioned by the European legislator. In this respect, the legislator 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).
10. Legitimate interests in the processing pursued by the controller or a third party
If the processing of personal data is based on Article 6 I lit. 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.
11. Duration for which the personal data will be stored
The criterion for the duration of storage of personal data is the respective statutory retention period. After the expiry of the deadline, the corresponding data will be routinely deleted, provided they are no longer necessary for the performance of the contract or the initiation of a contract.
12. Legal or contractual provisions for the provision of personal data; necessity for the conclusion of a contract; obligation of the data subject to provide the personal data; possible consequences of non-provision
We inform you that the provision of personal data is partly legally prescribed (e.g. tax regulations) or can also result from contractual regulations (e.g. information about the contracting party). It may be necessary for the conclusion of a contract that a data subject provides us with personal data that must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data if our company concludes a contract with him. Non-provision of the personal data would result in the contract with the data subject not being concluded. Before the data subject provides personal data, the data subject must contact our data protection officer. Our data protection officer will inform the data subject on a case-by-case basis whether the provision of the 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.
13. Existence of automated decision-making
As a responsible company, we refrain from automated decision-making or profiling.