Data protection declaration
Thank you for your interest in our company. Data protection is of particular importance to the management of GIM mbH. The Internet pages of GIM mbH can in principle be used without the indication of any personal data. However, if a data subject wishes to make use of special services of our company via our website, it may be necessary to process personal data. 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 the name, address, e-mail address or telephone number of a data subject, is always carried out in accordance with the Basic Data Protection Regulation and in accordance with the country-specific data protection regulations applicable to GIM mbH. By means of this data protection declaration, our company would like to inform the public about the type, scope and purpose of the personal data collected, used and processed by us. Furthermore, data subjects will be informed of their rights by means of this data protection declaration.
GIM mbH, being responsible for the processing of data (data controller) , has implemented numerous technical and organisational measures to ensure the most complete possible protection of personal data processed via this website. Nevertheless, Internet-based data transmissions can have security gaps, so that absolute protection cannot be guaranteed. For this reason, every person concerned is free to transmit personal data to us by alternative means, for example by telephone.
1. Definitions
The data protection declaration of GIM mbH is based on the terms used by the European guideline and regulation provider when the general data protection regulation (GDPR) was issued. Our data protection declaration should be easy to read and comprehensible both for the public and for our customers and business partners. To ensure this, we would like to explain the terms used in advance.
We use the following terms, among others, in this data protection declaration:
a) Personal data
Personal data are all information relating to an identified or identifiable natural person (hereinafter "data subject"). Identifiable is a natural person who can be identified directly or indirectly, in particular by assignment to an identifier such as a name, an identification number, location data, an online identifier or one or more special characteristics that express the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.
b) Data subject
Data subject is any identified or identifiable natural person whose personal data are processed by those in charge of the processing of data (data controller).
c) Processing
Processing means any operation or series of operations carried out with or without the aid of automated procedures in relation to personal data, such as the collection, gathering, organisation, sorting, storage, adaptation or alteration, reading, retrieval, use, disclosure by transmission, dissemination or any other form of provision, comparison or linking, restriction, erasure or destruction.
d) Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of restricting their future processing.
e) Profiling
Profiling is any form of automated processing of personal data consisting in the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to the performance of work, economic situation, health, personal preferences, interests, reliability, behaviour, location or relocation of that natural person.
f) Pseudonymization
Pseudonymisation is the processing of personal data in such a way that the personal data can no longer be assigned to a specific data subject without the use of additional information, provided that this additional information is kept separately and is subject to technical and organisational measures which ensure that the personal data are not assigned to an identified or identifiable natural person.
g) Person responsible or Person responsible for the processing of data (data controller)
The person responsible or the person responsible for the processing of data (data controller)is the natural or legal person, public authority, institution or other body which alone or jointly with others decides on the purposes and means of processing personal data. Where the purposes and means of such processing are laid down by Union law or by the law of the Member States, the data controller or the specific criteria for his appointment may be laid down in accordance with Union law or the law of the Member States.
h) Contract processors
A Contract Processor is a natural or legal person, authority, institution or other body that processes personal data on behalf of the data controller.
i) Recipient
Recipient is a natural or legal person, public authority, institution or other body to which personal data is disclosed, regardless of whether it is a third party or not. However, public authorities which may receive personal data under Union law or the law of the Member States within the framework of a particular investigation mandate shall not be regarded as recipients.
j) Third parties
A third party is a natural or legal person, authority, institution or other body other than the data subject, the person responsible, the contract processor, and the persons authorised to process the personal data under the direct responsibility of the person responsible or the or the contract processor.
k) Consent
Consent shall mean any informed and unequivocal expression of will voluntarily given by the data subject in the particular case in the form of a declaration or other clear affirmative act by which the data subject indicates his or her consent to the processing of personal data concerning him or her.
2. The name and address of the person responsible for the processing of data (data controller)
The person responsible for the processing of data within the meaning of the Basic Data Protection Regulation, other data protection laws in force in the Member States of the European Union and other provisions of a data protection nature is:
GIM mbH
Goldschmidtstraße4-6
69115 Heidelberg, Germany
Germany
Phone: +49 6221 83280
E-mail: info@g-i-m.com
Website: www.g-i-m.com
Datenschutzbeauftragter:
Lutz Goldschmidt
E-Mail: datenschutz@g-i-m.com
3. Cookies
The internet pages of GIM mbH use cookies. Cookies are text files that are filed and stored on a computer system via an internet browser.
Numerous Internet pages 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 by which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This enables the visited Internet pages and servers to distinguish the individual browser of the data subject from other Internet browsers that contain other cookies. A specific internet browser can be recognised and identified via the unique cookie ID.
Through the use of cookies, the GIM mbH can provide the 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 the GIM website can be optimised for the user. As already mentioned, cookies enable us to recognise the users of our website. The purpose of this recognition is to make it easier for users to use our website. For example, the user of a website that uses cookies does not have to re-enter his or her access data each time he or she visits the website, because this is done by the website and the cookie stored on the user's computer system.
In order to further improve GIM's services and website, GIM uses cookies for anonymous statistical and analytical purposes. With the help of these cookies, GIM can, for example, determine the number of visitors and the effect of certain pages of the GIM website and optimise our content. When calling up the GIM website, you can decide for yourself whether you wish to allow this.
The data subject can also prevent the setting of cookies by the GIM website at any time by means of an appropriate setting of the Internet browser used and thus permanently object to the setting of statistics cookies. Furthermore, already set statistics cookies can be deleted at any time via an internet browser or other software programmes. By clicking on "Accept necessary cookies" in the cookie policy banner, you also prevent the collection of statistics cookies. The cookie setting can be subsequently changed at any time - to do so, please click on "Cookie policy" in the footer. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of the GIM website may be fully usable.
4. Collection of general data and information
The GIM mbH website collects a series of general data and information each time a person or an automated system accesses the website. This general data and information is stored in the log files of the server. We may record (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-websites 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 providers of the accessing system, and (8) other similar data and information used for security purposes in the event of attacks on our information technology systems.
When using this general data and information, GIM mbH does not draw any conclusions about the person concerned. Rather, this information is required to (1) correctly deliver the contents of our website, (2) optimize the contents 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) provide law enforcement authorities with the information necessary for criminal prosecution in the event of a cyber attack. The anonymous data of the server log files are stored separately from all personal data provided by a person concerned.
5. Analysis tools and advertising
This website uses functions of the web analysis service Google Analytics. The provider is Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.
Google Analytics uses so-called "cookies". These are text files that are stored on your computer and enable an analysis of your use of the website. The information generated by the cookie about your use of this website is usually transferred to a Google server in the USA and stored there.
Google Analytics cookies are stored on the basis of Art. 6 Par. 1 lit. f GDPR. The website operator has a legitimate interest in analysing user behaviour in order to optimise both his website and his advertising.
IP anonymization
We have activated the IP anonymisation function on this website. This will cause your IP address to be cut by Google within Member States of the European Union or in other countries party to the Agreement on the European Economic Area before being transmitted to the USA. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide the website operator with other services relating to website and Internet use. The IP address transmitted by your browser in the context of Google Analytics is not merged with other Google data.
Browser plugin
You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. You can also prevent Google from collecting the data generated by the cookie and relating to your use of the website (including your IP address) and from processing this data by Google by downloading and installing the browser plug-in available under the following link: https://tools.google.com/dlpage/gaoptout?hl=en.
Objection to data collection
Even if you have previously agreed to the use of cookies, you can still prevent Google Analytics from collecting your data by clicking on the cookie policy bar (bottom left) and on "Dismiss".
This will set an opt-out cookie to prevent the collection of your information on future visits to this site.
For more information on how Google Analytics handles user data, please see the Google Privacy Policy: https://support.google.com/analytics/answer/6004245?hl=de.
Contract data processing
We have concluded a contract with Google for commissioned data processing and fully implement the strict requirements of the German data protection authorities for the use of Google Analytics.
Demographic features on Google Analytics
This website uses the "demographic features" function of Google Analytics. This allows reports to be created that contain information on the age, gender and interests of site visitors. This data comes from interest-related advertising by Google and from visitor data from third-party providers. This data cannot be assigned to a specific person. You can disable this feature at any time from your Google Account ad preferences or opt-out of Google Analytics collecting your information as described in the "Opt-out of data collection" section.
Google Analytics Remarketing
Our websites use the functions of Google Analytics Remarketing in connection with the cross-device functions of Google AdWords and Google DoubleClick. The provider is Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.
This function enables the target groups created with Google Analytics Remarketing to be linked with the cross-device functions of Google AdWords and Google DoubleClick. In this way, interest-related, personalized advertising messages that were adapted to you depending on your previous usage and surfing behavior on one device (e.g. mobile phone) can also be displayed on another of your devices (e.g. tablet or PC).
Once you give your permission, Google will link your web and app browsing history to your Google Account for that purpose. This way, the same personalized advertising messages can be delivered to every device you sign in to with your Google Account.
To support this feature, Google Analytics collects Google authenticated user IDs that are temporarily linked to our Google Analytics data to define and create cross-device ad targeting.
You can permanently object to cross-device remarketing/targeting by disabling personalized advertising in your Google Account by following this link: https://www.google.com/settings/ads/onweb/.
The summary of the data collected in your Google Account is based solely on your consent, which you can submit or revoke to Google (Art. 6 par. 1 lit. a GDPR). For data collection operations that are not merged into your Google Account (for example, because you do not have a Google Account or have opposed the merge), the collection of data is based on Article 6(1)(f) of the GDPR. The legitimate interest arises from the fact that the website operator has an interest in anonymous analysis of website visitors for advertising purposes.
Further information and the data protection regulations can be found in Google's data protection declaration at: https://www.google.com/policies/technologies/ads/.
Google AdWords and Google Conversion Tracking
This website uses Google AdWords. AdWords is an online advertising program of Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States ("Google").
In the context of Google AdWords we use the so-called conversion tracking. When you click on an ad served by Google, a cookie is set for conversion tracking. Cookies are small text files that the Internet browser places on the user's computer. These cookies expire after 30 days and are not used to personally identify users. If the user visits certain pages of this website and the cookie has not yet expired, Google and we can recognize that the user has clicked on the ad and has been redirected to this page.
Each Google AdWords customer receives a different cookie. Cookies cannot be tracked through the websites of AdWords customers. The information collected using the conversion cookie is used to generate conversion statistics for AdWords customers who have opted for conversion tracking. Customers see the total number of users who clicked on their ad and were redirected to a page with a conversion tracking tag. However, you will not receive any information that personally identifies users. If you do not wish to participate in tracking, you can object to this use by easily deactivating the Google Conversion Tracking cookie via your Internet browser under User Settings. They are then not included in the conversion tracking statistics.
“Conversion cookies” are stored on the basis of Art. 6 para. 1 lit. f GDPR. The website operator has a legitimate interest in analysing user behaviour in order to optimise both his website and his advertising.
For more information on Google AdWords and Google Conversion Tracking, please see Google's privacy policy: https://www.google.de/policies/privacy/.
You can set your browser so that you are informed about the setting of cookies and only allow cookies in individual cases, exclude the acceptance of cookies for certain cases or generally and activate the automatic deletion of cookies when closing the browser. When cookies are deactivated, the functionality of this website may be limited.
Google reCAPTCHA
On this website we use the reCAPTCHA function of Google Ireland Limited (Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland). This function is primarily used to distinguish whether an input (e.g. the submission of a contact form) is made by a human or by automated machines ("bots"). The data processed may include IP addresses, information on operating systems, devices or browsers used, language settings, location, mouse movements, keyboard strokes, time spent on websites, previously visited websites, interactions with ReCaptcha on other websites. Further information on Google reCAPTCHA and Google's privacy policy can be found at: https://www.google.com/intl/de/policies/privacy/.
LinkedIn Analytics and LinkedIn Ads
We use the conversion tracking technology and the retargeting function of LinkedIn Ireland Unlimited Company, 70 Sir John Rogerson's Quay, Dublin 2, Dublin, D02r296, Ireland on our website.
With the help of this technology, visitors to this website can be served personalized advertisements on LinkedIn. Furthermore, the possibility arises to create anonymous reports on the performance of the advertisements as well as information on website interaction. For this purpose, the LinkedIn Insight tag is embedded on this website, which establishes a connection to the LinkedIn server if you visit this website and are logged into your LinkedIn account at the same time.
In the privacy policy of LinkedIn at https://www.linkedin.com/legal/privacy-policy you will find more information on data collection and data use, as well as the options and rights to protect your privacy. If you are logged in to LinkedIn, you can deactivate the data collection at any time at the following link: https://www.linkedin.com/psettings/enhanced-advertising
We use the LinkedIn Insight Tags to design our website according to demand and to advertise it (legitimate interest according to Art. 6 (1) lit f. DSGVO).
6. Registration on our website
The data subject may register on the website of the person responsible for the processing of data (data controller), providing personal data. The personal data transferred to the data controller is determined by the respective input mask used for registration. The personal data entered by the data subject are collected and stored exclusively for internal use by the data controller and for the data subject's own purposes. The data controller may arrange for the data to be transferred to one or more processors, such as a parcel service, who also uses the personal data exclusively for internal use attributable to the data controller.
Furthermore, the IP address assigned by the Internet Service Provider (ISP) to the data subject, the date and time of registration are stored when the data subject registers on the data controller's website. This data is stored against the background that this is the only way to prevent misuse of our services and, if necessary, to enable us to investigate criminal offences committed. In this respect, the storage of this data is necessary to protect the data controller. This data will not be passed on to third parties unless required to do so by law or for the purpose of criminal prosecution.
Registration of the data subject with the voluntary provision of personal data serves the data controller to offer the data subject content or services which, by their nature, can only be offered to registered users. Registered persons are free to modify the personal data provided during registration at any time or to have them completely deleted from the database of the data controller.
The data controller shall at all times, upon request, inform each data subject of the personal data relating to that data subject. Furthermore, the data controller shall correct or delete personal data at the request or notice of the data subject, provided that there is no legal obligation to keep such data in safekeeping. All the employees of the data controller are available to the data subject as contact persons in this context.
7. subscription to our newsletter and download of whitepapers/studies
On the GIM mbH website, users are given the opportunity to subscribe to our company newsletter or to download a white paper/study. The input mask used for this purpose determines what personal data are transmitted to the controller when the newsletter or a white paper/study is ordered.
GIM mbH informs its customers and business partners about company offers at regular intervals by means of newsletters and follow-up e-mails after downloading a white paper/study. The newsletter and the download of a white paper/study with the associated follow-up e-mails from our company can only be received by the data subject if (1) the data subject has a valid e-mail address and (2) the data subject registers for the newsletter mailing and/or downloads a white paper/study. For legal reasons, a confirmation email is sent to the email address entered by a data subject for the first time using the double opt-in procedure. This confirmation email is used to check whether the owner of the email address as the data subject has authorised the receipt of the newsletter.
When registering for the newsletter or downloading a white paper/study, we also store the IP address assigned by the Internet service provider (ISP) of the computer system used by the data subject at the time of registration, as well as the date and time of registration. The collection of this data is necessary in order to be able to trace the (possible) misuse of a data subject's e-mail address at a later date and therefore serves as legal protection for the controller.
The personal data collected when subscribing to the newsletter or downloading a white paper/study is used exclusively for sending our newsletter or sending the white paper/study and the associated follow-up emails. Furthermore, subscribers may be informed by e-mail if this is necessary for the operation of the newsletter service or download process or a registration in this regard, as could be the case in the event of changes to these offers or changes to the technical circumstances.
The personal data collected as part of these services will not be passed on to third parties, with the exception of the transfer of your personal data to our technical service providers (CleverReach, Ahorn GmbH). These services can be cancelled by the data subject at any time. The consent to the storage of personal data that the data subject has given us for these services can be revoked at any time. There is a corresponding link in every newsletter/email for the purpose of revoking consent. It is also possible to unsubscribe from the newsletter at any time directly by email (newsletter@g-i-m.com) or to inform the controller of this in another way.
8 Newsletter tracking and download of whitepapers/studies
The newsletters (by which we mean e-mails as part of the newsletter subscription as well as follow-up e-mails with marketing reference after a whitepaper download) of GIM mbH contain so-called tracking pixels. A tracking pixel is a miniature graphic that is embedded in emails that are sent in HTML format to enable log file recording and log file analysis. This allows the success or failure of online marketing campaigns to be statistically analysed. Based on the embedded tracking pixel, GIM mbH can recognise whether and when an email was opened by a data subject and which links in the email were accessed by the data subject.
Such personal data collected via the tracking pixels contained in the newsletters are stored and evaluated by the controller in order to optimise the newsletter dispatch/follow-up emails after whitepaper download and to adapt the content of future newsletters/whitepapers even better to the interests of the respective target groups. This personal data is not passed on to third parties. Data subjects are entitled at any time to revoke the separate declaration of consent given in this regard via the double opt-in procedure. After cancellation, this personal data will be deleted by the controller. GIM mbH automatically regards a withdrawal from the receipt of the newsletter/follow-up email after downloading the whitepaper as a cancellation.
9. Contact opportunities via the website
Due to legal regulations, GIM mbH's website contains information that enables rapid electronic contact with our company and direct communication with us, which also includes a general address for so-called electronic mail (e-mail address). If a data subject contacts the data controller via e-mail or a contact form, the personal data transmitted by the data subject will be stored automatically. Such personal data voluntarily provided by a data subject to the data controller will be stored for the purpose of processing or contacting the data subject. This personal data is not passed on to third parties.
10. Comment function in the blog
GIM mbH offers users the opportunity to leave individual comments on individual blog posts on a blog linked to the website of the data controller. A blog is a portal on a website, usually open to the public, in which one or more people who are called bloggers or web bloggers can post articles or write down thoughts in so-called blog posts. The blog posts can usually be commented by third parties.
If a person leaves a comment in the blog published on this website, not only the comments left by the person concerned but also details of the time of entering the comment and the user name (pseudonym) chosen by the person concerned are stored and published. Furthermore, the IP address assigned to the person concerned by the Internet service provider (ISP) is logged. This IP address is stored for security reasons and in the event that the person concerned violates the rights of third parties or posts illegal content by submitting a comment. The storage of this personal data is therefore in the personal interest of the data controller, so that he or she can exculpate himself or herself in the event of a violation of the law. The personal data collected will not be passedto third parties, unless such disclosure is required by law or serves the legal defence of the data controller.
11. Subscription of comments in the blog
Comments posted on the GIM mbH blog can be subscribed to by third parties. In particular, it is possible for a commentator to subscribe to the comments that follow his comment on a particular blog post.
If a data subject chooses to subscribe to comments, the data controller sends an automatic confirmation email to double opt-in to verify that the owner of the specified email address has actually chosen this option. The option to subscribe to comments can be cancelled at any time.
12. Routine deletion and blocking of personal data
The data controller shall process and store the personal data of the data subject only for the time necessary to achieve the data retention purpose or to the extent provided for by the European regulator or other legislator in laws or regulations to which the data controller is subject.
If the storage purpose ceases to apply or if a storage period prescribed by the European Directive and Regulation Giver or another competent legislator expires, the personal data is routinely blocked or deleted in accordance with the statutory provisions.
13. Transfer of personal data to third parties; social plug-ins
a) Our websites may also contain offers of third parties. If you click on such an offer, we transfer data to the respective provider to the required extent (e.g. information that you have found this offer with us and, if applicable, further information that you have already provided on our websites for this purpose).
b) If we use so-called "social plug-ins" of social networks such as Facebook, Twitter and Google+ on our websites, we integrate them as follows:
When you visit our websites, the social plug-ins are deactivated, i.e. no data is transmitted to the operators of these networks. If you want to use one of the networks, click on the respective social plug-in to establish a direct connection to the server of the respective network.
If you have a user account on the network and are logged in when you activate the social plug-in, the network can assign your visit to our websites to your user account. If you want to avoid this, please log out of the network before activating the social plug-in. A social network cannot assign a visit to other websites until you have activated an existing social plug-in.
When you activate a social plug-in, the network transfers the content that becomes available directly to your browser, which integrates it into our websites. In this situation, data transfers can also take place that are initiated and controlled by the respective social network. Your connection to a social network, the data transfers taking place between the network and your system, and your interactions on this platform are governed solely by the privacy policies of that network.
The social plug-in remains active until you deactivate it or delete your cookies.
c) If you click on the link to an offer or activate a social plug-in, personal data may be transferred to providers in countries outside the European Economic Area who, from the perspective of the European Union ("EU"), do not guarantee an "adequate level of protection" for the processing of personal data in accordance with EU standards. Please remember this fact before clicking on a link or activating a social plug-in and thus triggering a transfer of your data.
14. Rights of the data subject
a) Right to confirmation
Every data subject shall have the right granted by the European legislator of directives and regulations to require the data controller to confirm whether personal data concerning him/her are being processed. If a data subject wishes to exercise this right of confirmation, he may contact an employee of the data controller at any time.
b) Right to information
Any person concerned by the processing of personal data shall have the right granted by the European legislator of directives and regulations to obtain, at any time and free of charge, information from the data controller concerning the personal data relating to him/her stored and a copy of that information. Furthermore, the European regulator has granted the data subject the following information:
- the processing purposes
- the categories of personal data to be processed
- the recipients or categories of recipients to whom the personal data have been or are still beingpassed on, in particular recipients in third countries or international organisations
- 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 of rectification or deletion of personal data concerning him or of a restriction on processing by the data controller or of a right of opposition to such processing
- the existence of a right of appeal to a supervisory authority
- if the personal data is not collected from the data subject: All available information about the origin of the data
- the existence of automated decision-making, including profiling in accordance with Article 22(1) and (4) GDPR and, at least in these cases, meaningful information on the logic involved and the scope and intended effects of such processing for the data subject
Furthermore, the data subject has a right of access to information as to whether personal data have been transferred to a third country or to an international organisation. If this is the case, the data subject also has the right to obtain information on the appropriate guarantees in connection with the transfer.
If a data subject wishes to exercise this right of access, he may contact an employee of the data controller at any time.
c) Right to correction
Any person data subject to the processing of personal data shall have the right granted by the European legislator of directives and regulations to request the immediate correction of inaccurate personal data concerning him/her. 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 declaration.
If a data subject wishes to exercise this right of rectification, he or she may contact an employee of the data controller at any time.
d) Right to cancellation (right to be forgotten)
Any person concerned by the processing of personal data shall have the right granted by the European legislator of directives and regulations to require the data controller to request that the personal data concerning him/her be deleted immediately, provided that one of the following reasons applies and insofar as the processing is not necessary:
- The personal data have been collected or otherwise processed for such purposes for which they are no longer necessary.
- The data subject withdraws his/her consent on which the processing was 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 opposes processing under Article 21(1) GDPR and there are no overriding legitimate grounds for processing or the data subject opposes processing under Article 21(2) GDPR.
- The personal data have been processed unlawfully.
- The deletion of personal data is necessary to fulfil a legal obligation under Union law or the law of the Member States to which the data controller is subject.
- The personal data was collected in relation to information society services offered in accordance with Art. 8 para. 1 GDPR.
If one of the above-mentioned reasons applies and a data subject wishes to have personal data stored at GIM mbH deleted, he or she can contact an employee of the data controller at any time. The employee of GIM mbH shall arrange for the request for deletion to be complied with without delay.
If the personal data have been made public by GIM mbH and our company is obliged to delete the personal data in accordance with Art. 17 para. 1 GDPR, GIM mbH will take appropriate measures, including technical measures, taking into account the available technology and implementation costs, to inform other persons responsible for data processing who process the published personal data, that the person concerned has requested the deletion of all links to this personal data or of copies or replications of this personal data from these other persons responsible for data processing, insofar as processing is not necessary. The employee of GIM mbH will take the necessary steps in individual cases.
e) Right to limitation of processing
Any person data subject to the processing of personal data shall have the right granted by the European legislator of directives and regulations to require the data controller to restrict the 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 data 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 that the use of the personal data be restricted.
- The data controller no longer needs the personal data for the purposes of the processing, but the data subject needs them to assert, exercise or defend legal claims.
- The data subject has lodged an objection to the processing pursuant to Art. 21 para. 1 GDPR and it has not yet been determined whether the legitimate reasons of the data subject outweigh those of the data subject.
If one of the above conditions is fulfilled and a data subject wishes to request the restriction of personal data stored by GIM mbH, he/she may contact an employee of the data controller at any time. The employee of GIM mbH will arrange for the processing to be restricted.
f) Right to data transferability
Any data subject shall have the right granted by the European legislator to receive personal data relating to him/her provided by the data subject to a data controller in a structured, current and machine-readable format. It shall also have the right to transmit such data to another data controller without obstruction by the data controller to whom the personal data have been made available, provided that the processing is based on the consent provided for in Article 6(1)(a) GDPR or Article 9(2)(a) GDPR or on a contract in accordance with Article 6(1)(b) GDPR and that the processing is carried out using automated procedures, unless the processing is necessary for the performance of a task in the public interest or in the exercise of public authority conferred on the data controller.
Furthermore, in exercising his right to data transferability pursuant to Article 20(1) GDPR, the data subject has the right to obtain that the personal data be transferred directly by a data controller to another data controller, provided this is technically feasible and provided that the rights and freedoms of other persons are not affected thereby.
The person concerned may contact an employee of GIM mbH at any time to assert the right to data transferability.
g) Right of objection
Any person concerned by the processing of personal data shall have the right granted by the European legislator for reasons arising from their particular situation to object at any time to the processing of personal data concerning them under Article 6(1)(e) or (f) of the GDPR. This also applies to profiling based on these provisions.
In the event of an objection, GIM mbH will no longer process the personal data unless we can prove compelling reasons worthy of protection for the processing which outweigh the interests, rights and freedoms of the data subject or the processing serves to assert, exercise or defend legal claims.
If GIM mbH processes personal data in order to conduct direct advertising, the person concerned has the right to object at any time to the processing of the personal data for the purpose of such advertising. This also applies to profiling insofar as it is connected with such direct advertising. If the data subject objects to GIM mbH processing for direct advertising purposes, GIM mbH will no longer process the personal data for these purposes.
Furthermore, the data subject has the right to object to the processing of personal data concerning him/her which is carried out at GIM mbH for scientific or historical research purposes or for statistical purposes pursuant to Art. 89 para. 1 GDPR for reasons arising from his or her particular situation, unless such processing is necessary to fulfil a task in the public interest.
To exercise the right of objection, the person concerned may directly contact any GIM mbH employee or another employee. The data subject shall also be free to exercise his right of opposition in relation to the use of information society services by means of automated procedures using technical specifications, notwithstanding Directive 2002/58/EC.
h) Automated decisions in individual cases including profiling
Any person data subject to the processing of personal data shall have the right granted by the European legislator of directives and regulations not to be subject to a decision based exclusively on automated processing, including profiling, which has legal effect against him or significantly affects him in a similar manner, provided that the decision (1) is not necessary for the conclusion or performance of a contract between the data subject and the data controller, or (2) is admissible under Union or Member State law to which the data controller is subject and that such law contains appropriate measures to safeguard the rights, freedoms and legitimate interests of the data subject, or (3) with the express consent of the data subject.
If the decision (1) is necessary for the conclusion or fulfilment of a contract between the data subject and the data controller or (2) is taken with the express consent of the data subject, GIM mbH will take appropriate measures to protect the rights and freedoms as well as the legitimate interests of the data subject, including at least the right to obtain the intervention of a data controller, to state his own position and to challenge the decision.
If the data subject wishes to assert rights relating to automated decisions, he or she may contact an employee of the data controller at any time.
i) Right to revoke consent under data protection law
Any person concerned by the processing of personal data has the right granted by the European legislator of directives and regulations to revoke consent to the processing of personal data at any time.
If the data subject wishes to exercise his/her right to withdraw his/her consent, he/she may contact an employee of the data controller at any time.
15. Legal basis of the processing
Art. 6 I lit. a GDPR serves our company as a legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is a party, as is the case for example with processing operations necessary for the delivery of goods or the provision of other services or consideration, the processing is based on Art. 6 I lit. b GDPR. The same applies to such processing processes that are necessary to carry out pre-contractual measures, for example in cases of enquiries about our products or services. If our company is subject to a legal obligation which requires the processing of personal data, for example to fulfil tax obligations, the processing is based on Art. 6 I lit. c GDPR. In rare cases, the processing of personal data may become necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information had to be passed on to a doctor, a hospital or other third parties. The processing would then be based on Art. 6 I lit. d GDPR. Ultimately, processing operations could be based on Art. 6 I lit. f GDPR. Processing operations which are not covered by any of the aforementioned legal bases are based on this legal basis if processing is necessary to safeguard a legitimate interest of our company or a third party, provided that the interests, fundamental rights and freedoms of the data subject do not prevail. Such processing procedures are permitted to us in particular because they have been specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the person concerned is a customer of the person responsible (recital 47, second sentence, GDPR).
16. Legitimate interests in the processing pursued by the data controller or a third party
If the processing of personal data is based on Article 6 I lit. f GDPR, it is in our legitimate interest to conduct our business for the well-being of all our employees and our shareholders.
17. Duration for which the personal data is stored
The criterion for the duration of the storage of personal data is the respective legal retention period. After the expiry of this period, the corresponding data will be routinely deleted, provided that it is no longer necessary for the fulfilment or initiation of the contract.
18. Legal or contractual provisions for the provision of personal data; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of failure to provide them
We inform you that the provision of personal data is partly required by law (e.g. tax regulations) or may also result from contractual regulations (e.g. information on the contractual partner). In some cases, it may be necessary for a contract to be concluded if a data subject provides us with personal data which must subsequently be processed by us. For example, the person concerned is obliged to provide us with personal data if our company enters into a contract with him/her. Failure to provide personal data would mean that the contract with the data subject could not be concluded. Prior to the provision of personal data by the data subject, the data subject must contact one of our employees. Our employee will inform the data subject on a case-by-case basis whether the provision of personal data is required by law or contract or required for the conclusion of the contract, whether there is an obligation to provide the personal data and what consequences the failure to provide the personal data would have.
19. Existence of an automated decision-making
As a responsible company, we dispense with automatic decision-making or profiling.
If you have any questions regarding data protection, please do not hesitate to contact our data protection officer:
Lutz Goldschmidt
E-mail: datenschutz@g-i-m.com.com