DATA PROTECION DECLARATION
We are very pleased about your interest in our company. Data protection is a very high priority for the management of the MÖLLER GmbH & Co. KG. The usage of the websites of MÖLLER GmbH & Co. KG is basically possible without indicating any personal data. If a person concerned would like to make use of special services of our company via our website, the processing of personal data could become necessary. If the processing of personal data is required and if no statutory basis exists for such a processing, we generally ask for a consent of the person in question. The processing of personal data, e. g. name, address, email address or telephone number of the person concerned is always done in compliance with the General Data Protection Regulation (GDPR) and in accordance with the country-specific data protection regulations (DSGVO for Germany) valid for MÖLLER GmbH & Co. KG.
By this data protection declaration our company would like to inform the public about the kind, scope and purpose of the personal data collected, utilised and processed by us. Further the persons concerned are informed about the rights they are eligible for by this data protection declaration.
MÖLLER GmbH & Co. KG as the body responsible for the processing of the data has implemented numerous technical and organisational measures to ensure the best possible gapless protection of all personal data processed via this website.
Nevertheless, web-based data transfers can basically present security flaws which means that a complete and perfect protection cannot be guaranteed. For this reason every person concerned is also allowed to forward personal data by alternative means of communications, e. g. by phone.
The data protection declaration of MÖLLER GmbH & Co. KG is based on the terminology used by the European guideline and regulation provider on encactment of the “General Data Protection Regulation” (GDPR). Our data protection declaration should be easy to read and unterstandable for the public as well as for our customers. To ensure this, we would like to explain the used terminology beforehand.
In this data protection declaration we use the following terms among others:
a) Personal data
“Personal data” means any information related to an identified or identificable natural person (henceforth 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”
A “person concerned or data subject” is every identified or identificable natural person whose personal data are processed by the body – “controller” – responsible for the processing. “Processing” means 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, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
d) Restriction of processing
“Restriction of processing” means the marking of stored personal data with the aim of limiting their processing in the future.
“Profiling” means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
“Pseudonymisation” means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
g) Person in charge for the processing/Controller
“Controller” means 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) Data processor
j) Third parties
“Processor” means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
“Recipient” means 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. The processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
“Third party” means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
“Consent” of the data subject means 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
Controller in the sense of the General Data Protection Regulation (GDPR/DSGVO in Germany), any other data protection law valid in the Member States and other provisions having a data protection character is:
MÖLLER GmbH & Co. KG
Am Kindergarten 1
Phone: +49 (0) 291 – 2993 – 0
3. CONTACT DETAILS OF THE DATA PROTECTION OFFICER
The data protection officer responsible for the processing can be reached as follows:
Phone: +49 (0) 291 – 299 357
Every data subject can directly turn to our data protection officer in case of questions or suggestions.
Another example is the cookie of a shopping cart in the online store. The online store remembers the articles a customer put into the virtual shopping cart with the help of a cookie.
5. COLLECTION OF GENERAL DATA AND INFORMATION
The website of MÖLLER GmbH & Co. KG collects a number of general data and information with every visit to the website by a data subject or an automated system. This general data and information is stored in the logfiles of the server. The following data can be stored: (1) the used browser types and versions, (2) the operating system used by the accessing system, (3) the website from which an accessing system gets onto our website (so-called referrers), (4) the sub-websites which are selected on our website by an accessing system, (5) date and time of the visit to our website, (6) an internet protocol address (IP-address), (7) the internet service provider of the accessing system and (8) any other similar data and information which serves averting dangers in case of attacts on our information technological systems.
When using this general data and information MÖLLER GmbH & Co. KG does not draw any conclusions about the data subject. This information is rather needed to (1) deliver the contents of our website in a correct way, (2) to optimise the contents of our website and the advertising for it, (3) to ensure the permanent functionality of our information technological systems and the technology of our website as well as (4) to provide all necessary information in needed by the prosecuting authorities for the prosecution in case of a cyber attack.
This anonymously collected data and information are therefore on the one hand statistically analysed and furthermore evaluated with the aim to increase the data protection and the data security in our company to finally ensure an optimal protection level for the personal data processed by us. The anonymous data of the server logfiles are separately stored from all personal data given by the data subject.
6. CONTACT POSSIBILITIES VIA THE WEBSITE
The website of MÖLLER GmbH & Co. KG contains information due to legal requirements which enables a quick electronic contact to our company as well as an instant communication with us which also includes a general address of the so-called electronic post (email address).
When a data subject gets in touch with the controller by email or via a contact form the personal data transferred by the data subject are automatically stored. Such personal data transferred to the controller by the data subject on a voluntary basis are stored for the purpose of processing or for the purpose of getting in touch with the data subject. No personal data are transferred to third parties.
7. ROUTINE ERASURE AND LOCKING OF PERSONAL DATA
The controller processes and stores personal data of the data subject only for the period of time which is necessary to reach the storage purpose or if this was intended by the European guideline and regulation provider or any other legislator in laws or regulation the controller is subject to.
If the storage purpose lapses or if a storage period stipulated by the European guideline and regulation provider or any other responsible legislator expires, the personal data are routinely and according to the legal requirements locked or erased.
8. RIGHTS OF THE DATA SUBJECT
a) Right to confirmation
Every data subject has the right granted by the European guideline and regulation provider to demand a confirmation from the controller if the concerned personal data are processed. If a data subject wants to use this right to confirmation they can turn to our data protection officer or any processor at any time.
b) Right to information
Every data subject affected by the processing of personal data has got the right granted by the European guideline and regulation provider to receive information free of charge from the controller regarding their stored personal data and to receive a copy of this information. Furthermore the European guideline and regulation provider has given the right to the data subject to receive information regarding the following data:
- the purposes of the processing
- the categories of personal data which are processed
- the recipients or catagories of recipients to whom personal data have been disclosed or will be disclosed, in particular recipients in third countries or international organisations
- if possible the period for which the personal data will be stored, or if that is not possible, the criteria used to determine that period
- the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing
- the right to lodge a complaint with a supervisory authority if the personal data are not collected from the data subject: any available information as to their source
- the existence of an automated decision-making, including profiling, referred to in Article 22 (1) and (4) and – at least in those cases – meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
Furthermore, the data subject shall have the right to be informed whether personal data have been transferred to a third country or to an international organisation. If personal data have been transferred to a third country or to an international organisation, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.
If a data subject would like to make use of this right to information, they can contact our data protection officer or any other processor at any time.
c) Right to rectification
Every data subject affected by the processing of personal data has the right granted by the European guideline and regulation provider to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall also have the right to have incomplete personal data completed, including by means of providing a supplementary statement. If a data subject would like to make use of the right to rectification, they can contact our data protection officer or any other processor 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 guideline and regulation provider to obtain from the controller the erasure of personal data concerning him or her without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies:
- The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
- The data subject withdraws consent on which the processing is based according to Article 6(1), point (a) or Article 9(2), point a and where there is no other legal ground for the processing.
- The data subject objects to the processing pursuant to Article 21(1) and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2).
- The personal data have been unlawfully processed.
- The personal data have to be erased for compliance with a legal obligation in the Union or Member State law the controller is subject to.
- The personal data have been collected in relation to the offer of information society services referred to in Article 8(1).
If any of the above-mentioned reasons applies and if a data subject would like to prompt the erasure of personal data stored at MÖLLER GmbH & Co. KG, the person can get in touch with our data protection officer or any other processor at any time. The data protection officer or any other processor will ensure that the erasure of the data is executed immediately.
Where the controller MÖLLER GmbH & Co. KG has made the personal data public and is obliged pursuant to Article 17 (1) to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data, provided the processing is not required.
The data protection officer of MÖLLER GmbH & Co. KG or another processor will arrange the necessary in a given case.
e) Right to restriction of processing
Every data subject affected by the processing of personal data has the right granted by the European guideline and regulation provider to obtain from the controller restriction of processing where one of the following requirements 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 the restriction of their use instead.
- The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
- The data subject has objected to processing pursuant to Article 21(1) pending the verification whether the legitimate grounds of the controller override those of the data subject.
If one of the above-mentioned requirements is given and a data subject would like to claim the restriction of the personal data stored at MÖLLER GmbH & Co. KG, they can contact the data protection officer or any other processor at any time. The data protection officer of MÖLLER GmbH & Co. KG or any other processor will arange the restriction of the processing.
f) Right to data portability
Every data subject affected by the processing of personal data has the right granted by the European guideline and regulation provider 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. The data subject also has the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided that the processing is based on consent pursuant to point (a) of Article 6(1) or point (a) of Article 9(2) or on a contract pursuant to point (b) of Article 6(1) 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.
In exercising his or her right to data portability pursuant to Article 20(1), the data subject shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible and where the rights and freedoms of others shall not be affected.
To claim the right to data portability the data subject can contact the data protection officer appointed by MÖLLER GmbH & Co. KG or any other processor at any time.
g) Right to object
Every data subject affected by the processing of personal data has the right granted by the European guideline and regulation provider to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on point (e) or (f) of Article 6(1), including profiling based on those provisions. The controller MÖLLER GmbH & Co. KG shall no longer process the personal data unless we demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims.
Where personal data are processed for direct marketing purposes by MÖLLER GmbH & Co. KG, the data subject shall have the right to object at any time to the processing of personal data concerning him or her for such marketing. This includes profiling to the extent that it is related to such direct marketing. Where the data subject objects towards MÖLLER GmbH & Co. KG to the processing for direct marketing purposes, the personal data shall no longer be processed for such purposes by MÖLLER GmbH & Co. KG.
Where personal data are processed for scientific or historical research purposes or statistical purposes pursuant to Article 89(1) at MÖLLER GmbH & Co. KG, the data subject, on grounds relating to his or her particular situation, shall have the right to object to the processing of personal data concerning him or her, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
To exercise the right to object the data subject can directly contact the data protection officer of MÖLLER GmbH & Co. KG or any other staff member (processor). In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, the data subject may exercise his or her right to object by automated means using technical specifications.
h) Automated decisions in the individual case including profiling
Every person affected by the processing of personal data has the right granted by the European guideline and regulation provider not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her provided that the decision (1) is not necessary for entering into, or performance of, a contract between the data subject and a data controller or (2) is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests or (3) is based on the data subject’s explicit consent.
If (1) the decision is required for the conclusion or the fulfillment of a contract between the data subject and the controller or (2) if it is made with the express consent of the data subject, MÖLLER GmbH & Co. KG as the data controller shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, 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 would like to assert their rights with regard to automated decisions, they can contact our data protection officer or any other processor at any time.
i) Right of withdrawal of a data protection law consent
Every data subject affected by the processing of personal data has the right granted by the European guideline and regulation provider to withdraw his or her consent regarding the processing of personal data at any time. If the data subject would like to make use of their right to withdraw from the consent, they can contact our data protection officer or any other processor at any time.
9. DATA PROTECTION REGARDING APPLICATIONS AND DURING APPLICATION PROCESSES
The controller collects and processes the personal data of applicants for the purpose of the exercise of the application process. The processing can also be done electronically. This is especially the case if an applicant transfers respective application documents electronically to the controller, e.g. by email or via a web form placed on the website.
If the controller concludes an employment contract with an applicant, the transferred data are stored for the purpose of the processing of the employment relationship in compliance with the legal requirements. If the controller does not conclude an employment contract with the applicant, the application documents are automatically erased two months after the refusal decision provided that no other legitimate interests of the controller exist. Any other legitimate interest in this sense could, e. g., be a proof required in legal proceedings according to the General Equality Law.
10. LEGAL BASIS OF THE PROCESSING
Art. 6(I), point (a) serves our company as the legal basis for processing procedures for which we obtain an approval for a specific processing purpose. If the processing of personal data is required for the fulfillment of a contract the data subject is contract party of, how this is, e. g., the case with processing procedures which are required for the delivery of goods or the rendering of any other service or consideration, the processing is based on Article 6(I), point (b).
The same applies to processing procedures which are required for the execution of pre-contractual measures, e. g. in cases of enquiries regarding our products or services. If our company is subject to a legal obligation which requires a processing of personal data, e. g. to fulfill tax obligations, the processing is based on Article 6 (I), point (c).
In rare cases the processing of personal data could become necessary to protect vital interests of the data subject or any other natural person. This would, for instance, be the case if a visitor to our company got hurt and subsequently their name, their age, their health insurance data or other vital information would have to be given to a doctor, a hospital or any other third party. Then the processing would be based on Article 6 (I), point (d).
Finally processing procedures could be based on Article 6 (I), point (f). Processing procedures which are not covered in any of the legal bases mentioned before are based on this legal basis when the processing is necessary to protect a legitimate interest of our company or a third party provided that the interests, fundamental rights and fundamental freedoms of the data subject do not prevail.
Such processing procedures are allowed to us especially because of that as they have explicitely been mentioned by the European guideline and regulation provider. This body represented the view in this respect that a legitimate interest could be assumed if the data subject was a customer of the controller (recital 47 phrase 2).
11. LEGITIMATE INTEREST IN THE PROCESSING WHICH IS PURSUED BY THE CONTROLLER OR A THIRD PARTY
Is the processing of personal data based on Article 6 (I), point (f), our legitimate interest is the execution of our business activity to the benefit of all our staff members and our shareholders.
12. STORAGE PERIOD FOR PERSONAL DATA
The criterium for the duration of the storage time of personal data is the respective statutory storage period. After expiration of the deadline the according data are routinely erased provided they are no longer required for the fulfillment or initiation of a contract.
13. LEGAL OR CONTRACTUAL REGULATION FOR THE DEPLOYMENT OF THE PERSONAL DATA
Necessity for the conclusion of the contract; Obligation of the data subject to provide the personal data; possible consequences of not providing the data
We herewith inform you about the fact that providing personal data is partly required by law (e. g. tax regulations) or can also result from contractual regulations (e. g. information on the contracting party). Occasionally, the conclusion of a contract requires a data subject to provide personal data for us which subsequently will have to be processed by us. The data subject is, for instance, required to provide us personal data if our company concludes a contract with him or her. Not providing the personal data would entail that the contract with the data subject could not be concluded.
Before providing personal data by the data subject the data subject has to contact our data protection officer. Our data protection officer informs the data subject on a case-by-case basis whether the provision of the personal data is legally or contractually mandatory or necessary for the conclusion of the contract, whether an obligation exists to provide the personal data and which consequences the non-provision of the personal data would have.
14. EXISTENCE OF AN AUTOMATED DECISION MAKING
As a responsible company we dispense with an automatic decision-making or a profiling.
15. GOOGLE ANALYTICS
To improve the quality of our offers and of our website we store data via the single access to our website for statistical purposes. This website uses Google Analytics for this purpose, a web analytics service der Google Inc. (“Google”). The utilisation is based on our legitimate interest (i. e. interest in the analytics, optimization and economical operation of our online offer) in the sense of Article 6(1), page 1, point (f). Google Analytics uses so-called “cookies”, text files which are stored on your computer and which enable the use of the website by you. The information produced by the cookie regarding your usage of the website like
- browser type/browser version
- utilised operating system
- referrer-URL (the page visited before)
- host name of the accessing computers (IP-address)
- time of the server request
are usually transferred to a server of Google in the USA and saved there.
On behalf of the operator of this website Google will use this information to evaluate the usage of the website to create reports about the website activities und to provide further services towards the website operator in connection with the usage of the website and the usage of the internet.
You can prevent the storage of cookies by an according setting of your browser software; but please be informed that in this case possibly not all functions of this website might be fully usable. In addition to this, you can prevent the collection of the data created by the cookie and related to your usage of the website (including your IP-address) for Google as well as the processing of these data by Google by downloading and installing the available browser plugin under the following link: http://tools.google.com/dlpage/gaoptout?hl=de.
The personal data of the users are erased after 14 months or anonymised. Google has also been certified according to the Privacy-Shield-Agreement and offers a guarantee to comply with the European Data Protection Law by this.