Information obligations according to Article 13 and Article 14 GDPR
We take the
protection of your personal data very seriously. We treat your personal data
confidentially and in accordance with the statutory data protection regulations
and this privacy policy.
The
following information gives you a simple overview of what happens to your
personal data when you visit this website and use our services.
Detailed
information on data recording on our website can be found in our UTSCH | Privacy Policy | UTSCH
Your
personal data will not be passed on to third parties. In particular, the data
will not be transferred to a third country or an international organization.
However, as your data is provided via a web application on the Internet, the
confidentiality, integrity (inviolability), authenticity (genuineness) and
availability of personal data cannot be fully guaranteed.
General notes and
information requirements
Contact
details of the controller responsible for processing
Erich Utsch
AG
Marienhütte
49 | 57080 Siegen
Further information can be found in the UTSCH | About Us |
UTSCH
Contact
details of the data protection officer
Datenschutz@utsch.com
Further information can be found in the UTSCH
| Privacy Policy | UTSCH
Rights of the data
subjects
Art. 15
GDPR - Right to information
The data subject has the right to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed, and, where that is the case, access to the personal data.
Art. 16
GDPR - Right to rectification
The data subject has the right 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 have the right to have incomplete personal data completed, including by means of providing a supplementary statement
Art. 17
GDPR - Right to deletion
The data
subject has the right to obtain from the controller the deletion of personal
data concerning him or her without undue delay. However, this is only possible
if the personal data is no longer necessary, there are no statutory retention
periods, the data is being processed unlawfully or consent has been withdrawn.
Art. 18
GDPR - Right to restriction of processing
The data
subject has the right to obtain from the controller restriction of processing.
The right to restriction of processing includes the possibility for the data
subject to prevent further processing of the personal data concerning them for
the time being. A restriction occurs above all in the review phase of the legal
situation of processing by the data subject.
Art. 19
GDPR - Right to notification
The
controller shall communicate any rectification or erasure of personal data or
restriction of processing carried out in accordance with Article 16, Article 17(1)
and Article 18 GDPR to each recipient to whom the personal data have been
disclosed, unless this proves impossible or involves disproportionate effort.
The controller shall inform the data subject of these recipients if the data
subject so requests.
Art. 20
GDPR - Right to data portability
The right
to data portability includes the possibility for the data subject to receive
the personal data concerning him/her from the controller in a commonly used,
machine-readable format in order to have it forwarded to another controller if
necessary.
Art. 21
GDPR - Right to object
The right
to object includes the possibility for data subjects to object to the further
processing of their personal data in a particular situation, insofar as this is
justified by the performance of public tasks or public and private interests.
Art. 22
GDPR - Right to automated individual decision-making, including profiling
The data
subject has the right not to be subject to a decision based solely on automated
processing, including profiling.
Art. 77
GDPR - Right to lodge a complaint with a supervisory authority
In the
event of breaches of data protection law, the data subject has the right to
lodge a complaint with the competent supervisory authority.
The
supervisory authority responsible for the controller is:
In the
event of breaches of data protection law, you have the right to appeal (Art. 77
GDPR) to the competent supervisory authority. The competent supervisory
authority for data protection issues is the state data protection officer of
the federal state in which our company is based.
Contact
details can be found at the following https://www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html
All other data protection authorities in the respective EU member states
can be found under the following link:
http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm
Data processing
– Customer/supplier relationship
If you contact us by e-mail, telephone or fax, we will store and process
your enquiry, including all resulting personal data, for the purpose of
processing your request. We will not pass on this data without your consent.
Categories of personal data:
We collect the personal data transmitted by you; these include, but are
not limited to:
- First name - Surname - Company
- Street - house number - postcode
- Telephone number - E-mail - Correspondence
Origin of the personal data:
We process personal data that we receive from you in the context of
contacting you or establishing a contractual relationship or in the context of
pre-contractual measures.
Recipient of the data:
We only pass on your personal data within our company to those areas and
persons who require this data to fulfil contractual and legal obligations or to
implement our legitimate interest.
Legal basis for data processing
This data is processed on the basis of Art. 6 para. 1 lit. b GDPR if your
enquiry is related to the fulfilment of a contract or is necessary for the
implementation of pre-contractual measures. In all other cases, the processing
is based on our legitimate interest in the effective processing of the e-mail
or similar sent to us (Art. 6 para. 1 lit. f GDPR), to fulfil a legal
obligation to which we are subject (Art. 6 para. 1 lit. c GDPR), or on your
consent (Art. 6 para. 1 lit. a GDPR) if this has been requested and given by
you.
Duration of storage
Your personal data will remain with us until you ask us to erase it,
revoke your consent to its
revoke your consent to storage or the purpose for data storage no longer
applies (e.g. after your request has been
your request has been processed).
Mandatory statutory provisions - in particular retention periods -
remain unaffected.
Data
processing – Contact form
We offer a contact form on our website that you can use to request
information about our products or services or to contact us in general. We have
marked the data that you must provide in order to respond to an enquiry as
mandatory fields. Information on other data fields is voluntary.
We need this information in order to process your enquiry, address you
correctly and send you an answer. Data processing is carried out for specific
enquiries to fulfil a contract or to initiate a contract. In the case of
general enquiries, processing takes place on the basis of a weighing of
interests.
Categories of personal data:
Mandatory fields:
- First name - Surname - Email
- Information provided to us via the free text field.
Origin of the personal data:
Your personal data is collected directly from you.
Legal basis for data processing
This data is processed on the basis of Art. 6 para. 1 lit. b GDPR if
your enquiry is related to the fulfilment of a contract or is necessary for the
implementation of pre-contractual measures. In all other cases, the processing
is based on our legitimate interest in the effective processing of the
enquiries addressed to us (Art. 6 para. 1 lit. f GDPR) or on your consent (Art.
6 para. 1 lit. a GDPR) if this has been requested and granted by you.
Duration of storage
The data you enter in the contact form will be stored until you ask us
to delete it, revoke your consent to storage or the purpose for data storage no
longer applies (e.g. after your enquiry has been processed).
Mandatory statutory provisions - in particular retention periods -
remain unaffected.
Data
processing – Online-Shop
We use your personal information to take and process orders, deliver
products and services, process payments and communicate with you about orders,
products, services and promotional offers.
Categories of personal data:
- Master data (such as first name, surname, name affixes)
- Contact details (such as private address, e-mail, telephone number)
- payment information
- bank details
Origin of the personal data:
Your personal data is collected directly from you.
Legal basis for data processing
The order and the entry of the e-mail address represent the legal basis
on which we process the personal data (consent pursuant to Art. 6 para. 1
letter a GDPR and fulfilment of contract pursuant to Art. 6 para. 1 letter b).
Duration of storage
We store your information for as long as necessary to fulfil the
purposes described in this privacy policy or as required by law, e.g. for tax
and accounting purposes.
Data
processing – Video monitoring during maintenance work
For the purpose of monitoring external service providers during maintenance
work on in-house systems via remote maintenance, a recording function that
records all user activities is installed on the controller's secure access
point. The data is processed on the basis of legitimate interest. The legal
basis for processing the data is therefore Article 6(1)(f) of the General Data
Protection Regulation. The legitimate interest lies in the exercise of
domiciliary rights, the prevention of criminal offences (in particular (data)
theft, burglary, fraud, damage to property and vandalism), the protection of
property and assets, the protection of employees, customers and visitors of the
controller.
Categories of personal data:
Recording of persons who enter the recording area of the system via
remote maintenance. If necessary, the identity (name) of the person of
employees and, if applicable, external persons by implication through indirect
identifiability.
Origin of the personal data:
The data is generated exclusively by the monitoring system when a data
subject enters the recording area.
Recipient of the data:
Internal departments involved in the execution of the respective
business processes: IT department,
management, data protection officer, data protection coordinator, service
providers who are contractually bound to the controller in accordance with Art
28 GDPR. All employees of our company who maintain the system have access to
this data.
External bodies: Data is only transferred to third parties if
we are legally obliged to do so (e.g. to investigate criminal offences). Some
of our data processing systems and our electronic communication systems are
managed by our external co-operation partners for support and maintenance
purposes. Contracts have been concluded with these partners in accordance with
Article 28 GDPR.
Legal basis for data processing
We process personal data on the basis of consent in accordance with
Article 6(1a) GDPR. In all other cases, the processing is based on our
legitimate interest (Art. 6 para. 1 lit. f GDPR).
Duration of storage
The recorded image material is automatically deleted after 64 days.
Data
processing – Video monitoring on the premises of the person responsible
The use of video/camera monitoring is exclusively for operational
security, access control and monitoring of the building exteriors, especially
to prevent theft and criminal offences on the company premises and company car
parks.
Categories of personal data:
Recording of persons moving around the company's outdoor areas (company
premises/company car parks).
Origin of the personal data:
The data is generated exclusively by the surveillance system when a data
subject moves into the recording area.
Recipients of the data:
Internal departments involved in the execution of the respective
business processes: IT department,
management, data protection officer, data protection coordinator, service
providers who are contractually bound to the controller in accordance with Art
28 GDPR. All employees of our company who maintain the system have access to
this data.
External bodies: Data is only transferred to third parties if
we are legally obliged to do so (e.g. to investigate criminal offences). Some
of our data processing systems and our electronic communication systems are
managed by our external co-operation partners for support and maintenance
purposes. Contracts have been concluded with these partners in accordance with
Article 28 GDPR.
Legal basis for data processing
Data processing is based on legitimate interest. The legal basis for the
processing of data is therefore Article 6(1)(f) of the General Data Protection
Regulation. The legitimate interest lies in the exercise of domiciliary rights,
the prevention of criminal offences (in particular theft, burglary, robbery,
fraud, damage to property and vandalism), the protection of property and
assets, the protection of employees, customers and visitors of the controller.
Duration of storage
The recorded image material is automatically deleted after 6 working
days.
Data
processing – Personnel
We only process data that is related to your application or your
employment relationship and that is required to fulfil contractual, accounting
and tax obligations.
·
The
following personal data may be involved in the application process:
·
Master
data (such as first name, surname, name affixes, nationality)
·
Contact
details (such as private address, e-mail, telephone number)
·
Application
documents (such as certificates, CV, cover letter, university degree,
vocational training, submitted documents, etc.)
·
Copies
of identity cards (if necessary for the fulfilment of the contract).
·
Correspondence
(e.g. correspondence with you)
·
This
may also include special categories of personal data such as health data.
In addition to the above-mentioned categories of personal data, the
following data may be collected in the employment relationship:
·
Log
data generated when using the IT systems
·
Copies
of driving licences (if necessary for the fulfilment of the contract).
·
Other
data from the employment relationship (e.g. time recording data, holiday times,
bank details, training, educational leave, unpaid leave, employee appraisals),
·
Contractual
provisions (such as employment contract and any amendments, documents, social
data, national insurance number, pension insurance number, salary data and tax
identification number, secondary activities (first aider, fire protection,
safety officer, etc.), fringe benefits and allowances)
·
Salary
statements, income tax certificates, company pension scheme, fringe benefits.
·
Health-related
data (e.g. periods of incapacity for work, risk assessment, pregnancy, company
reintegration management)
As part of our collaboration with companies within and outside our
corporate structure, we use the name, contact details and face as a means of
identification (subject to consent). In addition, we would like to address our
customers and suppliers personally and, if necessary, publish images of
employees on digital channels or in print media.
The digital images will only be used for one or more of the following
purposes if you have given your specific consent in accordance with Art. 7 GDPR
·
Publication
as part of the use of Microsoft Office and the associated services (Contacts,
Microsoft Teams, Microsoft Skype, Microsoft Outlook, etc.) within the Group.
·
Publication
on the intranet of our company
·
Publication
on our company's intranet, to which employees of other companies in the group
of companies also have access.
·
Publication
on our company's website
·
In
the social media channels of our company (Facebook, YouTube, Twitter, etc.)
·
As
a presentation for trade fairs and similar events organised by our company
·
As
part of a report in the local press
·
In
publications (both online and in print) that were created as part of the
project, e.g. information brochures, project reports
·
After
leaving the company, the images are initially blocked by blocking the account
and then permanently deleted at the end of the statutory retention periods.
Origin of personal data:
As a rule, your personal data is collected directly from you as part of
the application/hiring process or during the employment relationship. In
certain constellations, your personal data is also collected from other sources
due to legal regulations. This includes, in particular, event-related queries
of tax-relevant information from the responsible tax office and information on
periods of incapacity for work from the respective health insurance company. We
may also have received data from third parties (e.g. recruitment agencies).
Recipients of the data:
We only pass on your personal data within our company to those areas and
persons who need this data to fulfil contractual and legal obligations or to
implement our legitimate interest.
We may transfer your personal data to companies affiliated with us in
accordance with Recital 48 GDPR, insofar as this is permitted within the scope
of the purposes and legal bases set out in Section 3 of this data protection
information sheet.
To fulfil our contractual and legal obligations, we also use various
external service providers for the processing, support and maintenance of our
data processing systems and electronic communication systems. Contracts have
been concluded with these service providers in accordance with Article 28 GDPR.
In addition, we may transfer your personal data to other recipients
outside the company if this is necessary to fulfil our contractual and legal
obligations as an employer. These may be, for example
·
Public
authorities (e.g. pension insurance providers, professional pension schemes,
social insurance providers, tax authorities, courts)
·
Employee's
bank (SEPA payment institution)
·
Health
insurance funds
·
Authorities
to guarantee claims from the company pension scheme
·
Authorities
in order to be able to pay out the benefits affecting assets
·
Third-party
debtors in the event of wage and salary garnishment
·
Insolvency
administrator in the event of personal insolvency
Legal basis for data processing
We process your personal data in compliance with the provisions of the
GDPR, the BDSG and all other relevant laws (e.g. BetrVG, ArbZG, etc.). The
primary purpose of data processing is to establish, implement and terminate the
employment relationship. The primary legal basis for this is Art. 6 para. 1 b)
GDPR in conjunction with Section 26 para. 1 BDSG. In addition, collective
agreements (group, overall and works agreements as well as collective
bargaining agreements) pursuant to Art. 6 para. 1 b) in conjunction with Art.
88 para. 1 GDPR in conjunction with Section 26 para. 4 BDSG and, if applicable,
your separate consent pursuant to Art. 6 para. 1 a), Art. 7 GDPR in conjunction
with Section 26 para. 2 BDSG (e.g. in the case of video recordings) may be used
as a data protection authorisation provision. We also process your data in
order to fulfil our legal obligations as an employer, particularly in the area
of tax and social security law. This is done on the basis of Art. 6 para. 1 c) GDPR
in conjunction with. § SECTION 26 BDSG. If necessary, we also process your data
on the basis of Art. 6 para. 1 f GDPR in order to protect our legitimate
interests or those of third parties. This applies in particular to the
investigation of criminal offences (legal basis § 26 para. 1 sentence 2 BDSG)
or employee appreciation measures.
Insofar as special categories of personal data are processed in
accordance with Art. 9 para. 1 GDPR, this serves the exercise of rights or the
fulfilment of legal obligations arising from labour law, social security law
and social protection (e.g. disclosure of health data to the health insurance
company, recording of severe disability due to additional leave and
determination of the severely disabled levy) within the scope of the employment
relationship. This is done on the basis of Art. 9 Para. 2 b) GDPR in
conjunction with Section 26 Para. 3 BDSG. In addition, the processing of health
data for the assessment of your ability to work in accordance with Art. 9 para.
2 h) in conjunction with § 22 para. 1 b) BDSG may be necessary. In addition,
the processing of special categories of personal data may be based on consent
in accordance with Art. 9 para. 2 a GDPR in conjunction with Section 26 para. 2
BDSG (e.g. company health management).
Duration of storage
We delete your personal data as soon as it is no longer required for the
above-mentioned purposes. In the event that you have consented to your personal
data being stored for a longer period, we will store it in accordance with your
declaration of consent.
If no employment, training or internship relationship is established,
your application documents will be deleted no later than six months
after the end of the application process (e.g. notification of the rejection decision),
unless longer storage is legally required or permitted. We only store your
personal data beyond this if this is required by law or in a specific case for
the assertion, exercise or defence of legal claims for the duration of a legal
dispute.
If an employment, training or internship relationship does not
materialise, you may receive an invitation to join our talent pool following
the application process. This allows us to consider you for suitable vacancies
in our applicant selection process in the future. If we have your consent to do
so, we will store your application data in our talent pool in accordance with
your consent or any future consents.
If an employment, training or internship relationship is
established, we will process your personal data for as long as this is
necessary for the establishment, implementation or handling of the employment
relationship or for the exercise or fulfilment of the rights and obligations
arising from the employment contract or for the exercise or fulfilment of the
rights and obligations of the employee representative body arising from a law
or a collective agreement, a works or service agreement (collective agreement).
In addition, we are subject to various retention and documentation
obligations, including those arising from the German Commercial Code (HGB) and
the German Fiscal Code (AO). The retention and documentation periods stipulated
there are two to ten years.
Finally, the storage period also depends on the statutory limitation
periods, which, for example, according to §§ 195 ff. of the German Civil Code
(BGB), are generally three years, but in certain cases can be up to thirty
years.