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I. Identity and contact details of the data controller
Data controller in terms of the General Data Protection Regulation (GDPR), national data protection legislation of the Member States and any other data protection legislation is:
Atelios Communication Systems GmbH
Lister Damm 1
Phone: +49 511 655558-0
II. NAME AND CONTACT DETAILS OF THE DATA PROTECTION OFFICER
The data protection officer of the aforementioned data controller is:
III. General information on data processing
1. Scope of processing of personal data
As a matter of principle, we collect and use personal data of our users only to the extent necessary to provide a functional website, contents and services. The collection and use of personal data of our users is regularly only carried out with the consent of the user. An exception is made in cases where prior consent cannot be obtained for factual reasons and the processing of the data is permitted by legal provisions.
2. Legal basis for the processing of personal data
If consent of the data subject is obtained for the processing of personal data, Art. 6 para. 1 lit. a) GDPR serves as the legal basis.
When processing personal data which is necessary for the performance of a contract to which the data subject is a party, Art. 6 para. 1 lit. b) GDPR serves as the legal basis. This also applies to processing operations necessary for the performance of pre-contractual measures.
If the processing of personal data is necessary to fulfil a legal obligation to which our company is subject, Art. 6 Para. 1 lit. c) GDPR applies.
In the event that vital interests of the data subject or another natural person make it necessary to process personal data, the provisions of Art. 6 para. 1 lit. d) GDPR shall apply.
If the processing is necessary to safeguard a legitimate interest of our company or of a third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh the former interest, Art. 6 para. 1 lit. f) GDPR serves as the legal basis for the processing.
3. Deletion of personal data and data retention
The personal data of data subjects will be deleted or blocked as soon as the purpose of the storage is no longer applicable. Furthermore, data may be stored if this has been provided for by the European or national legislator in European regulations, laws or other regulations to which the data controller is subject. The data is also blocked or deleted when a storage period prescribed by the aforementioned regulations expires, unless the further storage of the data is necessary for the performance of a contract.
IV. DELIVERY OF THE WEBSITE AND CREATION OF LOGFILES
1. Description and scope of the personal data processing
Whenever you visit our website, our system automatically collects data and information from the accessing device.
The following data is collected:
- Information about the browser type and the version used
- The user's operating system
- The Internet service provider of the user
- The IP address of the user
- Date and time of access
- Websites from which the user's system accesses our website
- Websites that are called up by the user's system via our website
This data is stored in the logfiles of our system. The data is not stored together with other personal data of the user.
2. Legal basis for data processing
Legal basis for the temporary storage of logfiles is Art. 6 Abs. 1 lit. f) GDPR.
3. Purpose of the data processing
The temporary storage of the IP address by the system is necessary to enable the website to be delivered to the user's computer. For this purpose, the user's IP address must remain stored for the duration of the session.
The storage in log files is done to ensure the proper functioning of the website. In addition, the data is used to optimise the website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context.
These purposes also constitute our legitimate interest in data processing in accordance with Art. 6 para. 1 lit. f) GDPR.
4. Storage period
The personal data will be deleted as soon as it is no longer necessary for the purpose of collection. For the collection of data for the provision of the website, this is the case when the respective session is ended.
For storing data in log files, this is the case after seven days at the latest. Storage beyond this period is possible. In this case, the IP addresses of the users are deleted or anonymised, so that an identification of the data subject is no longer possible.
5. Right to object
The collection of data for delivering the website and the storage of the data in log files is mandatory for the operation of the website due to technical reasons. Therefore, there is no possibility of objection on the part of the user.
a) Description and scope of data processing
b) Legal basis for the data processing
The legal basis for using cookies in our website is Art. 6 Abs. 1 lit. f) GDPR.
c) Purpose of the data processing
d) Storage period, right to object
VI. CONTACT FORM AND E-MAIL CONTACT
1. Description and scope of data processing
There are contact forms on our website which can be used for electronic contact. If a user takes advantage of this possibility, the data entered in the input mask is transmitted to us and stored. These data are:
- Name of the user
- E-Mail address
- Phone number
- Company name (optional)
- Merchant-No. (optional)
At the time the message is sent, the following data is also stored:
- The IP address of the user
- Date and time of registration
Alternatively, you can contact us via e-mail (email@example.com). In this case, data of the user which has been trasmitted with the e-mail will be stored.
In this context, personal data will not be transmitted to third parties. Data will be solely processed for communication.
2. Legal basis for data processing
The legal basis for the processing of personal data is Art. 6 para. 1 lit. a) GDPR the user has given his consent.
The legal basis for the processing of data transmitted in the course of sending an e-mail is Art. 6 para. 1 lit. f) GDPR. If the e-mail contact is aimed at the conclusion of a contract, the additional legal basis for processing is Art. 6 para. 1 lit. b) GDPR.
3. Purpose of data processing
The processing of personal data from the contact forms serves us only for the processing of getting in contact with the sender. In the case of contacting us by e-mail, this is also the necessary legitimate interest in the processing of the data.
Other personal data processed during the sending process serve to prevent misuse of the contact form and to ensure the security of our information technology systems.
4. Storage period
The data will be deleted as soon as it is no longer necessary for the purpose of collection. For the personal data from the contact forms and those sent by e-mail, this is the case when the respective conversation with the user has ended. The conversation has ended when it can be concluded from the circumstances that the matter in question has been finally clarified.
Any additional personal data collected during the sending process will be deleted after a period of seven days at the latest.
5. Right to object and to revoke consent
The user has the right to revoke his/her consent to the processing of personal data at any time. If the user contacts us by e-mail, he can object to the storage of his personal data at any time. In such a case the conversation cannot be continued.
All personal data stored in the course of the contact will be deleted in this case.
VII. RIGHTS OF THE DATA SUBJECT
If your personal data is processed, you are a data subject in terms of the GDPR and have the following statutory rights:
1. Right of access
You can request confirmation from the data controller as to whether personal data concerning you is being processed.
If such processing has taken place, you can request information from the data controller on the following:
- the purposes of the processing;
- the categories of personal data concerned;
the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
- where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;
- the right to lodge a complaint with a supervisory authority;
- where the personal data are not collected from the data subject, any available information as to their source;
- the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
You have the right to request information as to whether the personal data relating to you is being transferred to a third country or to an international organisation. In this context, you may request to be informed of the appropriate guarantees pursuant to Art. 46 DPA in connection with the transfer.
2. Right to rectification
You have the right to obtain from the controller without undue delay the rectification of inaccurate personal data. Taking into account the purposes of the processing, you have the right to have incomplete personal data completed.
3. The right to restrict processing
Under the following conditions, you may request that the processing of personal data concerning you be restricted:
- if you contest the accuracy of the personal data, for a period enabling the controller to verify the accuracy of the personal data;
- if the processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead;
- if the controller no longer needs the personal data for the purposes of the processing, but they are required by you for the establishment, exercise or defence of legal claims;
- if you have objected to processing pursuant to Article 21(1) GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
if the processing of personal data concerning you has been restricted, such data - apart from being stored - may be processed only with your consent or for the purpose of establishment, exerce or defence of legal claims or protecting the rights of another natural or legal person or for reasons of major public interest of the Union or a Member State.
If the restriction on processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.
4. Right to erasure
a) Duty to delete
You may request the data controller to delete personal data concerning you without undue delay if one of the following reasons applies:
- the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
- you withdraw the consent on which the processing is based according to point (a) of Article 6(1), or point (a) of Article 9(2), and there is no other legal ground for the processing;
- you object to the processing pursuant to Article 21(1) and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Article 21(2);
- the personal data has been unlawfully processed;
- the personal data has to be erased for compliance with a legal obligation in Union or Member State law to which the data controller is subject;
- the personal data have been collected in relation to the offer of information society services referred to in Article 8(1).
b) Information to third parties
If the controller has made public the personal data concerning you and is obliged to delete them in accordance with Art.17 (1) GDPR, he shall take reasonable measures, including technical measures, taking into account the available technology and the implementation costs, to inform data controllers who process the personal data that you, as a data subject, have requested them to delete all links to these personal data or copies or replications of these personal data.
The right to erasure does not exist insofar as the processing is necessary:
- for exercising the right of freedom of expression and information;
- for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
- for reasons of public interest in the area of public health in accordance with points (h) and (i) of Article 9(2) as well as Article 9(3);
- for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) in so far as the right referred to in paragraph 1 is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
- for the establishment, exercise or defence of legal claims.
5. Right to information
If you have exercised the right to rectification, erase or restriction the processing, the controller is obliged to notify all recipients to whom the personal data concerning you have been disclosed of this rectification, erasure or limitation of processing, unless this proves impossible or involves a disproportionate effort.
You have the right to be informed of these recipients by the controller.
6. Right to data portability
You have the right to receive the personal data concerning you that you have provided to the data controller in a structured, commonly used and machine-readable format. You also have the right to transmit those data to another data controller without hindrance from the controller to which the personal data has been provided, provided that
- the processing is based on a consent pursuant to Art. 6 (1) lit. a) GDPR or Art. 9 (2) lit. a) GDPR or on a contract pursuant to Art. 6 (1) lit. b) GDPR and
- the processing is carried out using automated means.
In exercising this right, you also have the right to have the personal data transmitted directly from one controller to another, where technically feasible. The freedoms and rights of other persons must not be affected by this.
The right to data portability shall not apply to processing of personal data which is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
7. Right to object
You have the right to object at any time, for reasons arising from your particular situation, to the processing of personal data concerning you which is carried out on the basis of Art. 6 (1) lit. e) GDPR; this also applies to profiling based on these provisions.
The controller will no longer process the personal data concerning you, unless he can demonstrate compelling legitimate grounds for processing which override your interests, rights and freedoms, or for the establishment, exercise or defence of legal claims.
Where personal data relating to you is processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data relating to you for the purpose of such marketing, including profiling, to the extent that it relates to such direct marketing.
If you object to processing for the purposes of direct marketing, the personal data concerning you will no longer be processed for those purposes.
You have the possibility to exercise your right to object in relation to the use of information society services, without prejudice to Directive 2002/58/EC, by means of automated procedures using technical specifications.
8. Right to withdraw your consent
You have the right to revoke your consent at any time. Revocation of your consent does not affect the lawfulness of the processing that has taken place on the basis of your consent until revocation.
9. Automated decision making including profiling
You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you similarly significantly affects you in a smiliar way. This shall not apply if the decision:
- is necessary for entering into, or performance of, a contract between you and the data controller;
- is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests; or
- is based on your explicit consent.
However, these decisions may not be based on special categories of personal data in accordance with Art. 9 (1) GDPR, unless Art. 9 (2) lit. a) or g) GDPRapplies and suitable measures to safeguards the rights and freedoms and your legitimate interests are in place.
With regard to the cases referred to in 1. and 3., the data controller shall implement suitable measures to safeguard your rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express your point of view and to contest the decision.
10. Right to lodge a complaint with 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 in which you are domiciled, your place of work or the place where the alleged infringement occurred, if you consider that the processing of personal data relating to you is in breach of data protection legislation.
The supervisory authority to which the complaint has been lodged shall inform the complainant of the status and the results of the complaint, including the possibility of a judicial remedy under Art. 78 GDPR.
VIII. Handling applicant data
We offer website visitors the opportunity to submit job applications to us (e.g., via e-mail or via postal services). 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 BDSG 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 BDSG 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.
Admission to the applicant pool
If we do not make you a job offer, you may be able to join our applicant pool. In case of admission, all documents and information from the application will be transferred to the applicant pool in order to contact you in case of suitable vacancies.
Admission to the applicant pool is based exclusively on your express agreement (Art. 6(1)(a) GDPR). The submission agreement is voluntary and has no relation to the ongoing application procedure. The affected person can revoke his agreement at any time. In this case, the data from the applicant pool will be irrevocably deleted, provided there are no legal reasons for storage.
The data from the applicant pool will be irrevocably deleted no later than two years after consent has been granted.