Privacy

Privacy Policy According to the General Data Protection Regulation (GDPR)

1. Name and address of the data 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 of a data-protection nature is:

Martin Zimmermann Kommunikation
Martin Zimmermann
Dinkelweg 24
41199 Mönchengladbach
E-Mail: mz@martin-zimmermann.eu
Website: www.martin-zimmermann.eu

 

2. Use of Cookies

This website only uses technically necessary cookies so that you can use the website at all. Cookies are data that are stored by the internet browser on the user’s computer system. Other cookies that require consent (e.g. tracking cookies) are not used.

 

3. Visiting the Website

When calling up the website, data and information are collected by an automated system. This information is temporarily stored in a so-called log file. The following information is collected without your intervention and stored until automated deletion:

  • Information about the browser type and version used.
  • The operating system of the user
  • The user’s internet service provider
  • The IP address of the user
  • Date and time of access
  • Websites from which the user’s system accesses our website (referrer)
  • Websites which are accessed by the user’s system via our website

The aforementioned data is processed by us for the following purposes:

  • Ensuring a smooth connection set-up of the website,
  • Ensuring comfortable use of our website,
  • Evaluating system security and stability, and
  • for other administrative purposes.

The legal basis for the data processing is article 6, para. 1, page 1, letter f of the GDPR. Our legitimate interest results from the purposes for data collection listed above. In no case do we use the collected data for the purpose of drawing conclusions about your person.

In addition, we use cookies and analysis services when you visit our website. You can find more detailed explanations of this under points 3 and 12 of this privacy policy. The data of the log files is always stored separately from other personal data of the users.

 

4. Newsletter and Postal advertising

If you have expressly consented in accordance with article 6, para. 1, page 1, letter a of the GDPR, we will use your e-mail address to send you our newsletter on a regular basis. If you subscribe to our company’s newsletter, the data in the respective input mask will be transmitted to the controller.

When subscribing to the newsletter, the IP address of the user as well as the date and time of registration are stored. This serves to prevent misuse of the services or the e-mail address of the data subject. The data will not be passed on to third parties. An exception exists if there is a legal obligation to pass on the data to third parties.

The data is used exclusively for sending the newsletter. Subscription to the newsletter can be cancelled by the data subject at any time. Unsubscribing is possible at any time, for example via a link at the end of each newsletter. Alternatively, you are welcome to send your unsubscribe request by e-mail to mz@martin-zimmermann.de at any time.

Likewise, consent to the storage of personal data can be revoked at any time.

Postal advertising

We use your address in compliance with all legal provisions for sending postal advertising (postal advertising).

The legal basis for this is our legitimate interest in direct advertising pursuant to Art. 6 (1) (f) in conjunction with Recital 47 DSGVO. Insofar as a corresponding consent has been requested, the processing is carried out exclusively on the basis of Art. 6 (1) lit. a DSGVO; the consent can be revoked at any time. More specific regulations may be communicated to them, if necessary, in the course of data collection and take precedence over the present regulation.

Your address will remain with us until the purpose for data processing ceases to apply. If you assert a legitimate request for deletion or revoke your consent to postal advertising, your data will be deleted unless we have other legally permissible reasons for storing your personal data (e.g. retention periods under tax or commercial law); in the latter case, deletion will take place after these reasons cease to apply.

 

5. Possibilities to Contact Us

It is possible to contact us via the e-mail address provided. If the data subject contacts the controller via one of these channels, the personal data transmitted by the data subject will be stored automatically. Data processing for the purpose of contacting us is carried out in accordance with article 6, para. 1, page 1, letter a of the GDPR on the basis of your voluntarily given consent.

Storage is solely for the purpose of processing or contacting the data subject. The data will not be passed on to third parties.

 

6. Routine Deletion and Blocking of Personal Data

The controller processes and stores personal data of the data subject only as long as this is necessary to achieve the purpose of storage. Storage may take place beyond this if this has been provided for by the European or national legislator in Union regulations, laws or other provisions to which the controller is subject.

As soon as the storage purpose ceases to apply or a storage period prescribed by the aforementioned regulations expires, the personal data will be routinely blocked or deleted.

 

7. Rights of the Data Subject

If personal data is processed by you, you are a data subject within the meaning of the GDPR and you are entitled to the following rights vis-à-vis the controller:

7.1 Right to Information

You may request confirmation from the controller as to whether personal data concerning you is being processed by us.

If there is such processing, you may request information from the controller about the following:

  1. the purposes for which the personal data is being processed;
  2. the category of personal data which is being processed;
  3. the recipients or categories of recipients to whom the personal data concerning you has been or will be disclosed;
  4. the planned duration of the storage of the personal data relating to you or, if specific information on this is not possible, criteria for determining the storage period;
  5. the existence of a right to correction or deletion of the personal data concerning you, a right to restriction of processing by the controller or a right to object to such processing;
  6. the existence of a right of appeal to a supervisory authority;
  7. any available information on the origin of the data, if the personal data is not collected from the data subject;
  8. the existence of automated decision-making, including profiling, pursuant to article 22, para. 1 and 4 of the GDPR and, at least in these cases, meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.

You have the right to request information about whether personal data concerning you is transferred to a third country or to an international organisation. In this context, you may request to be informed about the appropriate safeguards pursuant to article 46 of the GDPR in connection with the transfer.

7.2 Right to Correction

You have a right to correction and/or completion vis-à-vis the controller, if the processed personal data concerning you is inaccurate or incomplete. The controller shall make the correction without undue delay.

7.3 Right to Restriction of Processing

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

  1. if you contest the accuracy of the personal data concerning you for a period which enables the controller to verify the accuracy of the personal data;
  2. the processing is unlawful and you object to the deletion of the personal data and request instead the restriction of the use of the personal data;
  3. the controller no longer needs the personal data for the purposes of processing, but you need it for the assertion, exercise or defence of legal claims; or
  4. if you have objected to the processing, pursuant to article 2, para. 1 of the GDPR and it is not yet clear whether the legitimate grounds of the controller outweigh your grounds.

If the processing of personal data concerning you has been restricted, such data may, apart from being stored, only be processed with your consent or for the assertion, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or a Member State.

If the restriction of processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.

7.4 Right to Deletion

7.4.1 You may request the controller to delete the personal data concerning you without undue delay and the controller is obliged to delete this data without undue delay, if one of the following reasons applies:

  1. The personal data concerning you is no longer necessary for the purposes for which it was collected or otherwise processed.
  2. You revoke your consent on which the processing was based, pursuant to article, 6, para. 1, letter a or article 9, para. 2, letter a of the GDPRj and there is no other legal basis for the processing.
  3. You object to the processing, pursuant to article 21, para. 1 of the GDPR and there are no overriding legitimate grounds for the processing, or the object to the processing pursuant to article 21, para. 2 of the GDPR.
  4. The personal data concerning you has been processed unlawfully.
  5. The deletion of the personal data concerning you is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.
  6. The personal data concerning you has been collected in relation to information society services offered, pursuant to article 8, para. 1of the GDPR.

7.4.2. If the controller has made the personal data concerning you public and is obliged to delete it, pursuant to article 17, para. 1 of the GDPR, it shall take reasonable measures, including technical measures, having regard to the available technology and the cost of implementation, to inform data controllers which process the personal data that you, as the data subject, have requested that they delete all links to or copies or replications of such personal data.

7.4.3 The right to deletion does not exist to the extent that processing is necessary

  1. for exercising the right to freedom of expression and information;
  2. for complying with a legal obligation which requires processing under Union or Member State law to which the controller is subject, or for performing a task carried out in the public interest or in exercising official authority vested in the controller;
  3. for reasons of public interest in the area of public health, pursuant to article 9, para. 2, letter h h and i and article 9, para. 3 of the GDPR;
  4. for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, pursuant to article 89, para. 1 of the GDPR, insofar as the right referred to in paragraph 1 is likely to render impossible or seriously prejudice the achievement of the purposes of such processing; or
  5. for asserting, exercising or defending legal claims.

7.5 Right to Information

If you have asserted the right to correction, deletion or restriction of processing against the controller, the controller is obliged to notify all recipients to whom the personal data concerning you has been disclosed of this correction or deletion of the data or restriction of processing, unless this proves impossible or involves a disproportionate amount of effort.

You have the right vis-à-vis the controller to be informed about these recipients.

7.6 Right to Data Portability

You have the right to receive the personal data concerning you that you have provided to the controller in a structured, common and machine-readable format. In addition, you have the right to transfer this data to another controller without hindrance from the controller to whom the personal data was provided, provided that

  1. the processing is based on consent pursuant to article 6, para. 1, letter a of the GDPR or article 9, para. 2, letter a of the GDPR or on a contract pursuant to article 6, para. 1, letter b of the GDPR and
  2. the processing is carried out with the help of automated procedures.

In exercising this right, you also have the right to obtain that the personal data concerning you be transferred directly from one controller to another controller, insofar as this is technically feasible. Freedoms and rights of other persons must not be affected by this.

The right to data portability does not apply to processing of personal data necessary for the performance of a task carried out in public interest or in exercising official authority vested in the controller.

7.7 Right to Object

You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out on the basis of article 6, para. 1, letter e or f of the GDPR DSGVO; this also applies to profiling based on these provisions.

The controller shall no longer process the personal data concerning you unless it can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves the purpose of asserting, exercising or defending legal claims.

If the personal data concerning you is processed for the purposes of direct marketing, you have the right to object at any time to the processing of the personal data concerning you for the purposes of such marketing; this also applies to profiling, insofar as it is related to such direct marketing.

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

You have the possibility, in connection with the use of information society services, notwithstanding Directive 2002/58/EC,to exercise your right to object by means of automated procedures using technical specifications.

7.8 Right to Revoke the Declaration of Consent under Data Protection Law

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

7.9 Automated Decision in Individual Cases including Profiling

You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects vis-à-vis it or similarly significantly affects it. This does not apply if the decision

  1. is necessary for the conclusion or performance of a contract between you and the controller, b. is permitted by legal provisions of the Union or the Member States to which the controller is subject and these legal provisions contain appropriate measures to protect your rights and freedoms as well as your legitimate interests; or
  2. is made with your explicit consent.

However, these decisions may not be based on special categories of personal data pursuant to article 9, para. 1 of the GDPR, unless article 9, para. 2, letter a or g applies and appropriate measures have been taken to protect the rights and freedoms as well as your legitimate interests.

With regard to the cases referred to in a. and c., the controller shall take reasonable measures to safeguard the rights and freedoms as well as your legitimate interests, including at least the right to obtain the intervention of a person on the part of the controller, to express his own point of view and to contest the decision.

7.10 Right to Complain to a Supervisory Authority.

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your residence, workplace or the place of the alleged infringement, if you consider that the processing of personal data concerning you infringes the GDPR.

The supervisory authority to which the complaint has been lodged shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under article 78 of the GDPR.

 

8. Disclosure of the Data to Third Parties

Data will not be passed on to third parties.

We will only share your personal data with third parties if:

  • you have given your express consent to do so in accordance with article6, para. 1,page 1, letter a of the GDPR,
  • the disclosure is necessary for asserting, exercising or defending legal claims, pursuant to article 6, para. 1, page 1, letter f of the GDPR and there is no reason to assume that you have an overriding interest worthy of protection in the non-disclosure of your data,
  • in the event that there is a legal obligation for disclosure pursuant to article 6, para. 1 1, page 1, letter c of the GDPR, as well as
  • this is legally permissible and necessary according to article 6, para. 1, page 1, letter B of the GDPR for the processing of contractual relationships with you.

Note on data transfer to the USA and other third countries

Among other things, we use tools from companies based in the USA or other third countries that are not secure under data protection law. If these tools are active, your personal data may be transferred to these third countries and processed there. We would like to point out that no level of data protection comparable to that in the EU can be guaranteed in these countries. For example, US companies are obliged to hand over personal data to security authorities without you as a data subject being able to take legal action against this. It can therefore not be ruled out that US authorities (e.g. intelligence services) process, evaluate and permanently store your data located on US servers for monitoring purposes. We have no influence on these processing activities.

 

9. Legal Basis of Processing

Insofar as we obtain the consent of the data subject for processing operations of personal data, article 6, para. 1, letter a of the EU Data Protection Regulation (GDPR) serves as the legal basis.

When processing personal data that is necessary for the performance of a contract to which the data subject is a party, article 6, para. 1, letter b of the GDPR serves as the legal basis. This also applies to processing operations that are necessary for the performance of pre-contractual measures.

Insofar as processing of personal data is necessary for compliance with a legal obligation to which our company is subject, article 6, para. 1, letter c of the GDPR serves as the legal basis.

In the event that vital interests of the data subject or another natural person make processing of personal data necessary, article 6, para. 1, letter d of the GDPR serves as the legal basis.

If the processing is necessary to protect a legitimate interest of our company or a third party and if the interests, fundamental rights and freedoms of the data subject do not override the first-mentioned interest, article 6, para. 1, letter f of the GDPR serves as the legal basis for the processing. The legitimate interest of our company lies in the performance of our business activities.

 

10. Applications

We process the data you have sent us in connection with your application in order to assess your suitability for the position (or other open positions in our companies, if applicable) and to carry out the application process.

The legal basis for the processing of your personal data in this application procedure is primarily section 26 of the Federal Data Protection Act in the version applicable as of 25.05.2018. Accordingly, the processing of data required in connection with the decision on the establishment of an employment relationship is permissible.

Should the data be required for legal prosecution after the conclusion of the application process, if applicable, data processing may be carried out on the basis of the requirements of article 6 of the GDP, in particular to safeguard legitimate interests pursuant to article 6, para. 1, letter f of the GDPR. Our interest then consists of asserting or defending claims.

Data of applicants will be deleted after six months in the event of rejection.

In the event that you have agreed to further storage of your personal data, we will transfer your data to our applicant pool. There, the data will be deleted after one year.

If you have been awarded a position during the application process, the data will be transferred from the applicant data system to our personnel information system.

 

11. Data Security

Within the website visit, we use the widespread SSL (Secure Socket Layer) procedure in conjunction with the highest encryption level supported by your browser. As a rule, this is a 256-bit encryption. If your browser does not support 256-bit encryption, we use 128-bit v3 technology instead. You can tell whether an individual page of our website is encrypted by the closed key or lock symbol in the lower status bar of your browser.

We also use appropriate technical and organizational security measures to protect your data against accidental or intentional manipulation, partial or complete loss, destruction or against unauthorized access by third parties. Our security measures are continuously improved in line with technological developments.

 

12. Communication via WhatsApp

For communication with our customers and other third parties, we use, among other things, the instant messaging service WhatsApp. The Ancienter is WhatsApp Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.

Communication takes place via end-to-end encryption (peer-to-peer), which prevents WhatsApp or other third parties from gaining access to the communication content. However, WhatsApp obtains access to metadata that is created in the course of the communication process (e.g. sender, recipient and time). We would also like to point out that WhatsApp, according to its own statement, shares personal data of its users with its parent company Facebook, which is based in the USA. Further details on data processing can be found in WhatsApp’s privacy policy at: https://www.whatsapp.com/legal/#privacy-policy.

WhatsApp is used on the basis of our legitimate interest in communicating as quickly and effectively as possible with customers, interested parties and other business and contractual partners (Art. 6 para. 1 lit. f DSGVO). If a corresponding consent has been requested, the data processing is based exclusively on the consent; this can be revoked at any time with effect for the future.

The communication content exchanged between and on WhatsApp remains with us until you request us to delete it, revoke your consent to store it, or the purpose for storing the data no longer applies (e.g., after processing your request has been completed). Mandatory legal provisions – in particular retention periods – remain unaffected.

 

13. Duration of the Storage of Personal Data

Personal data is stored for the duration of the respective statutory retention period. After expiry of this period, the data is routinely deleted, unless it is necessary for the initiation or performance of a contract.

 

14. Topicality and Change of this Privacy Policy

Due to the further development of our website and offers on it or due to changed legal or regulatory requirements, it may become necessary to change this privacy policy.