Privacy Policy

 

 

1. An overview of data protection

 

General information

The following information will provide you with an easy to navigate overview of what will happen with your

personal data when you visit this website. The term “personal data” comprises all data that can be used to

personally identify you. For detailed information about the subject matter of data protection, please consult

our Data Protection Declaration, which we have included beneath this copy.

 

Data recording on this website

 

Who is the responsible party for the recording of data on this website (i.e., the “controller”)?

The data on this website is processed by the operator of the website, whose contact information is available

under section “Information about the responsible party (referred to as the “controller” in the GDPR)” in this

Privacy Policy.

 

How do we record your data?

We collect your data as a result of your sharing of your data with us. This may, for instance be information

you enter into our contact form.

Other data shall be recorded by our IT systems automatically or after you consent to its recording during

your website visit. This data comprises primarily technical information (e.g., web browser, operating system,

or time the site was accessed). This information is recorded automatically when you access this website.

 

What are the purposes we use your data for?

A portion of the information is generated to guarantee the error free provision of the website. Other data

may be used to analyze your user patterns.

 

What rights do you have as far as your information is concerned?

You have the right to receive information about the source, recipients, and purposes of your archived

personal data at any time without having to pay a fee for such disclosures. You also have the right to demand

that your data are rectified or eradicated. If you have consented to data processing, you have the option to

revoke this consent at any time, which shall affect all future data processing. Moreover, you have the right to

demand that the processing of your data be restricted under certain circumstances. Furthermore, you have

the right to log a complaint with the competent supervising agency.

Please do not hesitate to contact us at any time if you have questions about this or any other data protection

related issues.

 

Analysis tools and tools provided by third parties

There is a possibility that your browsing patterns will be statistically analyzed when your visit this website.

Such analyses are performed primarily with what we refer to as analysis programs.

For detailed information about these analysis programs please consult our Data Protection Declaration

below.

 

2. Hosting

 

External Hosting

This website is hosted by an external service provider (host). Personal data collected on this website are

stored on the servers of the host. These may include, but are not limited to, IP addresses, contact requests,

metadata and communications, contract information, contact information, names, web page access, and

other data generated through a web site.

The host is used for the purpose of fulfilling the contract with our potential and existing customers (Art.

6(1)(b) GDPR) and in the interest of secure, fast, and efficient provision of our online services by a

professional provider (Art. 6(1)(f) GDPR).

Our host will only process your data to the extent necessary to fulfil its performance obligations and to

follow our instructions with respect to such data.

 

3. General information and mandatory information

 

Data protection

The operators of this website and its pages take the protection of your personal data very seriously. Hence,

we handle your personal data as confidential information and in compliance with the statutory data

protection regulations and this Data Protection Declaration.

Whenever you use this website, a variety of personal information will be collected. Personal data comprises

data that can be used to personally identify you. This Data Protection Declaration explains which data we

collect as well as the purposes we use this data for. It also explains how, and for which purpose the

information is collected.

We herewith advise you that the transmission of data via the Internet (i.e., through e-mail communications)

may be prone to security gaps. It is not possible to completely protect data against third-party access.

 

 

Information about the responsible party (referred to as the “controller” in the GDPR)

The data processing controller on this website is:

 

OC&F Management & Consulting GmbH

Gerhart-Hauptmann-Str. 24

90763 Fürth

Phone: +49 152 - 54 22 39 77

E-mail: Harald.Hofmann[at]oc-f.de

 

The controller is the natural person or legal entity that single-handedly or jointly with others makes

decisions as to the purposes of and resources for the processing of personal data (e.g., names, e-mail

addresses, etc.).

 

Storage duration

Unless a more specific storage period has been specified in this privacy policy, your personal data will remain

with us until the purpose for which it was collected no longer applies. If you assert a justified request for

deletion or revoke your consent to data processing, your data will be deleted, unless we have other legally

permissible reasons for storing your personal data (e.g., tax or commercial law retention periods); in the

latter case, the deletion will take place after these reasons cease to apply.

 

 

Revocation of your consent to the processing of data

A wide range of data processing transactions are possible only subject to your express consent. You can also

revoke at any time any consent you have already given us. This shall be without prejudice to the lawfulness

of any data collection that occurred prior to your revocation.

 

Right to object to the collection of data in special cases; right to object to direct

advertising (Art. 21 GDPR)

IN THE EVENT THAT DATA ARE PROCESSED ON THE BASIS OF ART. 6(1)(E) OR (F) GDPR, YOU HAVE

THE RIGHT TO AT ANY TIME OBJECT TO THE PROCESSING OF YOUR PERSONAL DATA BASED ON

GROUNDS ARISING FROM YOUR UNIQUE SITUATION. THIS ALSO APPLIES TO ANY PROFILING BASED

ON THESE PROVISIONS. TO DETERMINE THE LEGAL BASIS, ON WHICH ANY PROCESSING OF DATA IS

BASED, PLEASE CONSULT THIS DATA PROTECTION DECLARATION. IF YOU LOG AN OBJECTION, WE

WILL NO LONGER PROCESS YOUR AFFECTED PERSONAL DATA, UNLESS WE ARE IN A POSITION TO

PRESENT COMPELLING PROTECTION WORTHY GROUNDS FOR THE PROCESSING OF YOUR DATA,

THAT OUTWEIGH YOUR INTERESTS, RIGHTS AND FREEDOMS OR IF THE PURPOSE OF THE

PROCESSING IS THE CLAIMING, EXERCISING OR DEFENCE OF LEGAL ENTITLEMENTS (OBJECTION

PURSUANT TO ART. 21(1) GDPR).

IF YOUR PERSONAL DATA IS BEING PROCESSED IN ORDER TO ENGAGE IN DIRECT ADVERTISING,

YOU HAVE THE RIGHT TO OBJECT TO THE PROCESSING OF YOUR AFFECTED PERSONAL DATA FOR

THE PURPOSES OF SUCH ADVERTISING AT ANY TIME. THIS ALSO APPLIES TO PROFILING TO THE

EXTENT THAT IT IS AFFILIATED WITH SUCH DIRECT ADVERTISING. IF YOU OBJECT, YOUR PERSONAL

DATA WILL SUBSEQUENTLY NO LONGER BE USED FOR DIRECT ADVERTISING PURPOSES

(OBJECTION PURSUANT TO ART. 21(2) GDPR).

 

 

 

Right to log a complaint with the competent supervisory agency

In the event of violations of the GDPR, data subjects are entitled to log a complaint with a supervisory

agency, in particular in the member state where they usually maintain their domicile, place of work or at the

place where the alleged violation occurred. The right to log a complaint is in effect regardless of any other

administrative or court proceedings available as legal recourses.

 

Right to data portability

You have the right to demand that we hand over any data we automatically process on the basis of your

consent or in order to fulfil a contract be handed over to you or a third party in a commonly used, machine

readable format. If you should demand the direct transfer of the data to another controller, this will be done

only if it is technically feasible.

 

SSL and/or TLS encryption

For security reasons and to protect the transmission of confidential content, such as purchase orders or

inquiries you submit to us as the website operator, this website uses either an SSL or a TLS encryption

program. You can recognize an encrypted connection by checking whether the address line of the browser

switches from “http://” to “https://” and also by the appearance of the lock icon in the browser line.

If the SSL or TLS encryption is activated, data you transmit to us cannot be read by third parties.

 

 

Information about, rectification and eradication of data

Within the scope of the applicable statutory provisions, you have the right to at any time demand

information about your archived personal data, their source and recipients as well as the purpose of the

processing of your data. You may also have a right to have your data rectified or eradicated. If you have

questions about this subject matter or any other questions about personal data, please do not hesitate to

contact us at any time.

 

Right to demand processing restrictions

You have the right to demand the imposition of restrictions as far as the processing of your personal data is

concerned. To do so, you may contact us at any time. The right to demand restriction of processing applies in

the following cases:

In the event that you should dispute the correctness of your data archived by us, we will usually need

some time to verify this claim. During the time that this investigation is ongoing, you have the right to

demand that we restrict the processing of your personal data.

If the processing of your personal data was/is conducted in an unlawful manner, you have the option to

demand the restriction of the processing of your data in lieu of demanding the eradication of this data.

If we do not need your personal data any longer and you need it to exercise, defend or claim legal

entitlements, you have the right to demand the restriction of the processing of your personal data instead

of its eradication.

If you have raised an objection pursuant to Art. 21(1) GDPR, your rights and our rights will have to be

weighed against each other. As long as it has not been determined whose interests prevail, you have the

right to demand a restriction of the processing of your personal data.

If you have restricted the processing of your personal data, these data – with the exception of their archiving

– may be processed only subject to your consent or to claim, exercise or defend legal entitlements or to

protect the rights of other natural persons or legal entities or for important public interest reasons cited by

the European Union or a member state of the EU.

 

 

 

4. Recording of data on this website

 

Server log files

The provider of this website and its pages automatically collects and stores information in so-called server

log files, which your browser communicates to us automatically. The information comprises:

  • The type and version of browser used
  • The used operating system
  • Referrer URL
  • The hostname of the accessing computer
  • The time of the server inquiry
  • The IP address

 

This data is not merged with other data sources.

This data is recorded on the basis of Art. 6(1)(f) GDPR. The operator of the website has a legitimate interest

in the technically error free depiction and the optimization of the operator’s website. In order to achieve this,

server log files must be recorded.

 

Request by e-mail, telephone, or fax

If you contact us by e-mail, telephone or fax, your request, including all resulting personal data (name,

request) will be stored and processed by us for the purpose of processing your request. We do not pass these

data on without your consent.

These data are processed on the basis of Art. 6(1)(b) GDPR if your inquiry is related to the fulfillment of a

contract or is required for the performance of pre-contractual measures. In all other cases, the data are

processed on the basis of our legitimate interest in the effective handling of inquiries submitted to us (Art.

6(1)(f) GDPR) or on the basis of your consent (Art. 6(1)(a) GDPR) if it has been obtained.

The data sent by you to us via contact requests remain with us until you request us to delete, revoke your

consent to the storage or the purpose for the data storage lapses (e.g. after completion of your request).

Mandatory statutory provisions - in particular statutory retention periods - remain unaffected.

 

 

 

5. Custom Services

 

Job Applications

We offer website visitors the opportunity to submit job applications to us (e.g., via e-mail, via postal services

on by submitting the online job application form). Below, we will brief you on the scope, purpose and use of

the personal data collected from you in conjunction with the application process. We assure you that the

collection, processing and use of your data will occur in compliance with the applicable data privacy rights

and all other statutory provisions and that your data will always be treated as strictly confidential.

 

Scope and purpose of the collection of data

If you submit a job application to us, we will process any affiliated personal data (e.g., contact and

communications data, application documents, notes taken during job interviews, etc.), if they are required to

make a decision concerning the establishment or an employment relationship. The legal grounds for the

aforementioned are § 26 GDPR according to German Law (Negotiation of an Employment Relationship), Art.

6(1)(b) GDPR (General Contract Negotiations) and – provided you have given us your consent – Art. 6(1)(a)

GDPR. You may revoke any consent given at any time. Within our company, your personal data will only be

shared with individuals who are involved in the processing of your job application.

If your job application should result in your recruitment, the data you have submitted will be archived on the

grounds of § 26 GDPR and Art. 6(1)(b) GDPR for the purpose of implementing the employment relationship

in our data processing system.

 

 

Data Archiving Period

If we are unable to make you a job offer or you reject a job offer or withdraw your application, we reserve the

right to retain the data you have submitted on the basis of our legitimate interests (Art. 6(1)(f) GDPR) for up

to 6 months from the end of the application procedure (rejection or withdrawal of the application).

Afterwards the data will be deleted, and the physical application documents will be destroyed. The storage

serves in particular as evidence in the event of a legal dispute. If it is evident that the data will be required

after the expiry of the 6-month period (e.g., due to an impending or pending legal dispute), deletion will only

take place when the purpose for further storage no longer applies.

Longer storage may also take place if you have given your agreement (Article 6(1)(a) GDPR) or if statutory

data retention requirements preclude the deletion.

 

 

 

Handling data from business partners

 

Processing purposes and legal basis

Your personal data will be processed in accordance with the provisions of the General Data Protection Regulation (GDPR), the Federal Data Protection Act (BDSG) and other relevant data protection regulations. The processing and use of individual data depend on the agreed or requested service. Our contractual documents, forms, consent forms and other information provided to you (e.g. on the website or in the terms and conditions) can provide further details and supplements on the processing purposes.

 

 

Consent (Art. 6 (1) (a) GDPR)

If you have given us consent to process personal data, the respective consent is the legal basis for the processing mentioned there. You can revoke consent at any time with effect for the future.

 

Fulfillment of contractual obligations (Art. 6 (1) (b) GDPR)

We process your personal data for the execution of our contracts with you. Furthermore, your personal data is processed for the implementation of measures and activities in the context of pre-contractual relations.

 

 

Fulfillment of legal obligations (Art. 6 (1) (c) GDPR)

We process your personal data if this is necessary to fulfill legal obligations (e.g. commercial, tax laws).

 

Furthermore, we may process your data for:

  • the prevention of fraud and money laundering
  • the prevention, combating and investigation of terrorist financing and crimes that endanger assets
  • the fulfillment of control and reporting obligations under tax law
  • archiving data for data protection and data security purposes
  • auditing by tax and other authorities

 

In addition, the disclosure of personal data may become necessary in the context of official/court measures for the purpose of gathering evidence, criminal prosecution or enforcement of civil claims.

 

Legitimate interest of us or third parties (Art. 6 (1) (f) GDPR)

We may also use your personal data on the basis of a balance of interests to protect the legitimate interest of us or third parties. This is done for the following purposes:

  • for advertising or market research, if you have not objected to the use of your data
  • for obtaining information and exchanging data with credit agencies, if this exceeds our economic risk
  • for the limited storage of your data, if deletion is not possible or only possible with disproportionate effort due to the special nature of storage
  • for comparison with European and international anti-terrorism lists, if this goes beyond the legal obligations
  • for the further development of services and products as well as existing systems and processes
  • for the disclosure of personal data as part of due diligence, e.g. in the case of company sales
  • for statistical evaluations or for market analyses
  • for the assertion of legal claims and defense in legal disputes that are not directly related to the contractual relationship
  • for internal and external investigations and/or security audits
  • for the possible listening in or recording of telephone conversations for quality control and training purposes
  • for securing and exercising our house rights through appropriate measures (e.g. video surveillance)

 

 

Categories of personal data processed by us

We process the following data:

  • personal data (name, date of birth, place of birth, nationality, marital status, occupation/industry and similar data)
  • contact details (address, email address, telephone number and similar data)
  • payment/Coverage confirmation for Bank and Credit Cards
  • Information about your financial situation (creditworthiness data including scoring, i.e. data for assessing the economic risk)
  • Customer and supplier history

 

In addition, we process personal data from public sources (e.g. Internet, media, press, trade and civil registers).

We also process personal data that we have legally obtained from third parties (e.g. mailing list providers, credit agencies) if necessary for the provision of our services.

 

 

Who receives your data?

We share your personal data within our company with those departments that require your data to comply with contractual and legal obligations or to pursue our legitimate interests.

In addition, the following entities/bodies may receive your data:

  • Contract processors commissioned by us (Art. 28 GDPR) service providers for supporting activities and other responsible bodies within the meaning of the GDPR, especially in the areas of, e.g. IT services, logistics and printing services, external computer centres, support/maintenance of data processing/IT applications, archiving, document processing, data destruction, marketing, auditing services, credit institutions.
  • Public authorities and institutions in the event of a legal or official obligation under which we are obliged to disclose, report or share data or the disclosure of data is in the public interest
  • Bodies and institutions on the basis of our legitimate interest or the legitimate interest of a third party (e.g. shared with public authorities, credit agencies, debt collection, lawyers, courts)
  • other bodies for which you have given us your consent for the transfer of data

 

Transfer of your data to a third country or an international organisation
A transfer of data to countries outside the European Union (EU) or the European Economic Area (EEA), so-called third countries, takes place if it is necessary for the execution of an order/contract from or with you, if it is required by law (e.g. tax reporting obligations), if it is in the legitimate interest of us or a third party or if you have given us your consent.

In this context, the processing of your data in a third country may also take place in connection with the involvement of service providers as part of commissioned processing.

If there is no EU Commission decision on an adequate level of data protection for the country in question, we ensure that your rights and freedoms are adequately protected and guaranteed in accordance with EU data protection requirements by means of appropriate contracts and measures. We will provide you with the relevant detailed information upon request.

 

 

 

How long do we store your data?

We process your personal data during the entire course of our business relationship as necessary; this also includes the initiation and performance of a contract.

In addition, we are subject to various retention and documentation obligations that are set out in the German Commercial Code (HGB) and the German Fiscal Code (AO), among others. The retention and/or documentation periods specified there are up to ten years beyond the end of the business relationship or the pre-contractual legal relationship.

Ultimately, the retention period is also determined in line with statutory limitation periods, which under section 195 et seq. of the German Civil Code (BGB) are generally three years but may be up thirty years in certain cases.

 

 

To what extent is automated decision-making used in individual cases (including profiling)?

We do not use purely automated decision-making procedures as referred to in Article 22 GDPR. Should we use these procedures in individual cases, we will inform you separately provided we are required to do so by law.

 

Date: 29.07.2021

 

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