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Privacy Statement

Information obligation according to Art. 12, 13 et seq. GDPR
for applicants

Dear Madam,
Dear Sir,
Dear Colleague (f/m/d),

Due to the legal regulations of the European General Data Protection Regulation (“GDPR”), we are obliged to provide you with comprehensive information about the processing of your personal data in the context of your application process, which we are very happy to provide.

Data protection and the handling of your personal data is very important to us, so that we always pay attention to a proper processing of your personal data.

In the event that you have questions about your application data and their processing, our data protec-tion officer is at your disposal at any time. This officer is not subject to any instructions, is independent in his position and legally obliged to maintain secrecy and confidentiality, so that you can turn to him with confidence.

Regarding the processing of your personal data in the context of your application process we inform you:

1. Name and address of the controller

Your contact person acting as controller within the means of the European General Data Protec-tion Regulation (“GDPR”) and other national data protection laws of the member states as well as other data protection regulations is:

Feintechnik GmbH Eisfeld
Seeweg 4
98673 Eisfeld/Thüringen

(in the following described as „we“, „us“ or „our“)

2. Name and address of the data protection officer

You can contact our data protection officer directly:

Feintechnik GmbH Eisfeld
Seeweg 4
98673 Eisfeld/Thüringen
De.datenschutz@harrys.com

3. General information on data processing

Generally, we process your personal data only insofar as this is necessary for the establishment, implementation and termination of the employment relationship. The further processing of your personal data takes place regularly only if we have obtained your prior consent. An exception ap-plies to cases in which prior consent cannot be obtained due to practical reasons or the pro-cessing of your personal data is permitted by law.

4. Data processing in the application process

a. Legal basis for data processing

1) Personal data

Insofar as we obtain your consent for the processing of personal data, Art. 6 (1) lit. a GDPR, Art. 88 (1) GDPR in connection with § 26 (2) BDSG provides as a legal basis.

In the processing of personal data, which is necessary for the establishment, exe-cution or termination of the employment contract, Art. 6 (1) lit. b GDPR, Art. 88 (1) GDPR in connection with § 26 (1) BDSG, § 611a BGB provides as a legal basis.

Insofar as processing of personal data is required to fulfill a legal obligation to which we are subject, Art. 6 (1) lit. c GDPR provides as a legal basis.

In the event that vital interests of you or another natural person require the pro-cessing of personal data, Art. 6 (1) lit. d GDPR provides as a legal basis.

If the processing is necessary for the protection of a legitimate interest of us or of a third party and if your interests, fundamental rights and fundamental freedoms do not outweigh the former interest, then Art. 6 (1) lit. f GDPR provides as a legal basis for processing.

2) Special categories of personal data

Insofar as we obtain your consent to the processing of special categories of per-sonal data (Art. 9 (1) GDPR), such as religious belief, ethnic origin and data concern-ing health, Art. 9 (2) lit. a GDPR provides as a legal basis.

If the processing of special categories of personal data is necessary in order for us to exercise our rights under labor law and social security and social protection legis-lation and to fulfill our obligations in this regard, the legal basis results from Art. 9 (2) lit. b GDPR, Art. 88 (1) GDPR in connection with § 26 (3) BDSG.

If the processing of special categories of personal data is necessary for the protec-tion of vital interests, the legal basis for processing originates from Art. 9 (2) lit. c GDPR.
If the processing relates to particular categories of personal data which you have manifestly made public, the legal basis originates from Art. 9 (2) lit. e GDPR.

If the processing of special categories of personal data is required for the purpose of health care, occupational medicine or for the assessment of the working capacity of the employee, the legal basis originates from Art. 9 (2) lit. h GDPR.

b. Purpose of data processing

The processing of your personal data takes place for the purpose of entering, performing and terminating the employment relationship, in particular for the fulfillment of employ-ment contractual, statutory, if applicable collective agreements, as well as social security obligations.

c. Duration of storage

Your personal data will be erased or restricted as soon as the purpose of the storage has lapsed. Provided that it is foreseen by the European or national legislator in EU regula-tions, laws or other regulations to which we are subject the data may moreover be stored. Restriction or erasure of the data also takes place when a storage period pre-scribed by the standards mentioned expires, unless there is a need for further storage of the data for conclusion of a contract or fulfillment of the contract.

Afterwards we store your data among other things for the following time periods:

– Application documentation are being stored for 6 months after the decision to not to fill the vacancy, Burden of proof of discrimination, deadline para 21 (5), para 22 AGG (General Equal Treatment Act)
– Application documents otherwise: In case of termination of employment contract

d. Right to object and removal possibility

The processing of your personal data in the context of the application process is absolutely necessary for entering, performing and terminating the application process. Consequent-ly, there is no possibility of objecting for you. If the processing of your personal data takes place on the basis of your consent, you have the option of revoking your consent at any time.

5. Defending and enforcing legal claims

a. Legal basis for data processing

The legal basis for the processing of your personal data in the context of legal defense and enforcement is Art. 6 (1) lit. f GDPR or Art. 9 (2) lit. f GDPR.

b. Purpose of data processing

The purpose of the processing of your personal data in the context of defending and en-forcing legal claims is the defense of unjustified suits and the legal enforcement of claims and rights. This purpose also forms the basis of our legitimate interest in the data pro-cessing pursuant to Art. 6 (1) lit. f GDPR.

c. Duration of storage

Your personal information will be erased as soon as it is no longer necessary to achieve the purpose of the survey.

d. Objection and rectification option

The purpose of the processing of your personal data in the context of defending and en-forcing legal claims is the defense of unjustified suits and the legal enforcement of claims and rights. Consequently, you cannot object to this.

6. Categories of recipients

Within our company, those bodies and departments receive personal data that they need to ful-fill the purposes mentioned above. In addition, we sometimes use different service providers and transmit your personal data to other trusted recipients. These may e.g. be:

– Human Resources
– Supervisor of the employee concerned
– Departments
– Financial Accounting
– Work Council
– Data Protection Officer
– Disabled Persons’ Representative
– Equality Officer
– Controlling / Revision
– Employment Agency
– Integration Office in case of severe disability
– Banking institutions
– Insurance company
– External service providers
– Paper shredder
– IT services
– Lawyers, courts, tax consultants

7. Data subject rights

If your personal data are processed by us, you are the data subject acc. to the GDPR and you have the following rights against us:

a. Right of access

You may request confirmation from us as to whether personal data concerning you is be-ing processed by us.

Where that is the case, you can request information from us regarding the following in-formation:

(1) the purposes for which the personal data are processed;
(2) the categories of personal data being processed;
(3) the recipients or categories of recipients to whom the personal data relating to you have been disclosed or are still being disclosed;
(4) the planned duration of the storage of your personal data or, if specific information is not available, criteria for determining the duration of storage;
(5) the existence of a right to rectification or erasure of personal data concerning you, a right to restriction of our processing or a right to object to such processing;
(6) the existence of a right of appeal to a supervisory authority;
(7) all available information about the origin of the data, if the personal data is not col-lected from you;
(8) the existence of automated decision-making including profiling in accordance with Art. 22 (1) and (4) GDPR and – at least in these cases – meaningful information about the logic involved, and the scope and intended impact of such processing on you.

You have the right to request information about whether your personal data was trans-ferred to a third country or an international organization. Where personal data is trans-ferred to a third country or to an international organization, you have the right to be in-formed of the appropriate safeguards pursuant to Art. 46 GDPR relating to the transfer.

b. Right to rectification

You have the right to obtain from us without undue delay the rectification of inaccurate personal data concerning you and / or the right to have incomplete personal data com-pleted.

c. Right to restriction of processing

You may request the restriction of the processing of your personal data under the follow-ing conditions:

(1) if you contest the accuracy of your personal data for a period of time that enables us to verify the accuracy of your personal data;
(2) the processing is unlawful and you oppose the erasure of the personal data and in-stead request the restriction of the use of the personal data;
(3) we no longer need the personal data for the purposes of processing, but you need it to establish, exercise or defend your rights, or
(4) if you have objected to the processing pursuant to Art. 21 (1) GDPR and it is not yet certain whether our legitimate grounds override yours.

If the processing of personal data concerning you has been restricted, this data may only be used with your consent or for the purpose of the establishment, exercise or defense of legal claims or protecting the rights of another natural or legal person or for reasons of important public interest of the Union or a Member State.

If you have obtained a restriction of processing after the o.g. conditions you will be
informed by the controller before the restriction of processing is lifted.

d. Right to erasure

i. Erasure obligation

You may require us to immediately erase your personal data and we shall promptly erase such personal data if one of the following grounds applies:

(1) Personal data concerning you are no longer necessary in relation to the pur-poses for which they were collected or otherwise processed.
(2) You withdraw your consent on which the processing acc. Art. 6 (1) lit. a or Art. 9 (2) lit. a GDPR was based and there is no other legal basis for pro-cessing.
(3) You object to the processing acc. to Art. 21 (1) GDPR and there are no over-riding legitimate grounds for the processing, or you submit an objection to the processing pursuant to acc. to Art. 21 (2) GDPR.
(4) Your personal data have been unlawfully processed.
(5) Your personal data have to be erased for compliance with a legal obligation under Union or national law to which we are subject.
(6) Your personal data were collected in relation to information society services offered pursuant to Art. 8 (1) GDPR.

ii. Information to third parties

Where we have made the personal data concerning you public and we are obliged to erase these data acc. to Art. 17 (1) GDPR, we, taking into account available technology and costs of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that you, have requested the erasure by such controllers of any links to, or copy or replications of those personal data.

iii. Exceptions

The right to erasure does not apply to the extent that processing is necessary:

(1) for exercising the right to freedom of expression and information;
(2) for compliance with a legal obligation which requires processing by Union or Member State law to which we are subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in us;
(3) for reasons of public interest in the area of public health pursuant to Art. 9 (2) lit. h and i as well as Art. 9 (3) GDPR;
(4) for archiving purposes of public interest, scientific or historical research pur-poses or for statistical purposes acc. to Art. 89 (1) GDPR, in so far as the right referred to in section 1 is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
(5) to assert, exercise or defend legal claims.

e. Notification obligation

We have to communicate any rectification or erasure of your personal data or restriction of processing carried out to each recipient to whom your personal data have been dis-closed, unless this proves impossible or involves disproportionate effort.

We inform you about those recipients in case of your request.

f. Right to data portability

You have the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format. You also have the right to transmit those data to another controller without hindrance from us, where

(1) the processing is based on a consent acc. to Art. 6 (1) lit. a GDPR or Art. 9 (2) lit. a GDPR or on a contract acc. to Art. 6 (1) lit. b GDPR and
(2) the processing is carried out by automated means.

In exercising this right, you also have the right to have the personal data concerning you transmitted directly from us to another controller, where technically feasible. This right shall not adversely affect freedoms and rights of other persons.

The right to data portability shall not apply to processing of personal data which is neces-sary for the performance of a task carried out in the public interest or in the exercise of of-ficial authority vested in us.

g. Right to object

You have the right to object, on grounds relating to your particular situation, at any time to the processing of the personal data concerning you which is based on Art. 6 (1) lit. e or f GDPR; this also applies to profiling based on these provisions.

We shall no longer process the personal data concerning you unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defense of legal claims.

Where the personal data concerning you is processed for direct marketing purposes you have the right to object at any time to the processing of the personal data concerning you for such marketing; this also applies to profiling to the extent that it is related to such di-rect marketing.

Where you object to processing for direct marketing purposes the personal data concern-ing you shall no longer be processed for such purposes.

In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you have the right to object by automated means using technical specifica-tions.

h. Right to withdraw the consent

You have the right to withdraw your consent at any time. The withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.

i. Automated individual 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 or similarly significantly affects you. This does not apply if the decision

(1) is necessary for entering into or performance of a contract between you and us;
(2) is authorized by Union or member state law to which we are subject and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interest; or
(3) based on your explicit consent.

However, these decisions may not be based on special categories of personal data under Art. 9 (1) GDPR, unless Art. 9 (2) lit. a or g GDPR and appropriate measures have been taken to protect the rights and freedoms and your legitimate interests.

With regard to the cases referred to in (1) and (3), we take suitable measures to protect your rights and freedoms and legitimate interests, including at least the right to obtain human intervention on our part, to express your point of view and to contest the decision.

j. 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 of your residence, place of work or place of alleged infringement if you believe that the processing of the personal data concerning you infringes the GDPR

The responsible supervisory authority for us is:

Thüringer Landesbeauftragter für den Datenschutz und die Informationsfreiheit
Postfach 900455
99107 Erfurt

Häßlerstraße 8
99096 Erfurt

The supervisory authority to which you have lodged a complaint informs you of the status and results of the complaint, including the possibility of a judicial remedy pursuant to Art. 78 GDPR.

For further questions our data protection officer is always at your disposal.

Last Update: January 2019

Information obligation according to Art. 12, 13 et seq. GDPR
for clients

Dear Madam,
Dear Sir,
Dear Client (f/m/d),

Due to the legal regulations of the European General Data Protection Regulation (“GDPR”), we are obliged to provide you with comprehensive information about the processing of your personal data in the context of your application process, which we are very happy to provide.

Data protection and the handling of your personal data is very important to us, so that we always pay attention to a proper processing of your personal data.

In the event that you have questions about your personal data and their processing, our data protection officer is at your disposal at any time. This officer is not subject to any instructions, is independent in his position and legally obliged to maintain secrecy and confidentiality, so that you can turn to him with confidence.

Regarding the processing of your personal data in the context of your application process we inform you:

1. Name and address of the controller

Your contact person acting as controller within the means of the European General Data Protec-tion Regulation (“GDPR”) and other national data protection laws of the member states as well as other data protection regulations is:

Feintechnik GmbH Eisfeld
Seeweg 4
98673 Eisfeld/Thüringen

(in the following described as „we“, „us“ or „our“)

2. Name and address of the data protection officer

You can contact our data protection officer directly:

Feintechnik GmbH Eisfeld
Seeweg 4
98673 Eisfeld/Thüringen
De.datenschutz@harrys.com

3. General information on data processing

a. Scope of processing of personal data

Generally, we process your personal data only insofar as this is necessary for the fulfill-ment of our services. The further processing of your personal data takes place regularly for the performance of a contract or to take steps prior to entering into a contract.

b. Legal basis for data processing

Insofar as we obtain your consent for the processing of personal data, Art. 6 (1) lit. a GDPR provides as a legal basis.

In the processing of personal data, which is necessary for the performance of the con-tract, Art. 6 (1) lit. b GDPR provides as a legal basis. This also applies to steps prior to en-tering into a contract.

Insofar as processing of personal data is required to fulfill a legal obligation to which we are subject, Art. 6 (1) lit. c GDPR provides as a legal basis.

In the event that vital interests of you or another natural person require the processing of personal data, Art. 6 (1) lit. d GDPR provides as a legal basis.

If the processing is necessary for the protection of a legitimate interest of us or of a third party and if your interests, fundamental rights and fundamental freedoms do not out-weigh the former interest, then Art. 6 (1) lit. f GDPR provides as a legal basis for pro-cessing.

c. Duration of storage

Your personal data will be erased or restricted as soon as the purpose of the storage has lapsed. Provided that it is foreseen by the European or national legislator in EU regula-tions, laws or other regulations to which we are subject the data may moreover be stored. Restriction or erasure of the data also takes place when a storage period pre-scribed by the standards mentioned expires, unless there is a need for further storage of the data for conclusion of a contract or fulfillment of the contract.

4. Direct marketing via postal mail

a. Legal basis for data processing

The legal basis for the processing of your personal data in the context of direct marketing by postal service is Art. 6 (1) lit. f GDPR.

b. Purpose of data processing

The purpose of processing your personal data in the context of direct marketing by mail is to promote the sale of goods or services. This purpose also forms the basis of our legiti-mate interest in the data processing pursuant to Art. 6 (1) lit. f GDPR.

c. Duration of storage

Your personal data will be erased as soon as it is no longer necessary to achieve the pur-pose of the processing; this is the case in particular when the objection is received.

d. Objection and rectification option

You have the right to object to the processing of your personal data in the context of di-rect marketing by mail at any time in the future.

5. Contact via e-mail

a. Legal basis for data processing

The legal basis for the processing of your personal data in the context of receiving your e-mail is Art. 6 (1) lit. f GDPR. When the e-mail conversation is conducted in order to con-clude a contract, Art. 6 (1) lit. b GDPR is an additional legal basis for the processing of your personal data.

b. Purpose of data processing

The purpose of processing your personal data in the context of contact via e-mail is solely the processing of your e-mail request.

c. Duration of storage

Your personal data will be erased as soon as it is no longer necessary to achieve the pur-pose of the processing. When receiving personal data through e-mail contact this is the case when the particular conversation has ended. The conversation has ended when it can be inferred from the circumstances that the matter in question has been conclusively clar-ified between you and us.

d. Objection and rectification option

You have the right to object to the processing of your personal data in the context of con-tacting us by e-mail at any time for the future. In such a case the conversation between you and us cannot be continued. All personal data stored in the course of contacting us will be erased in this case.

6. Defending and enforcing legal claims

a. Legal basis for data processing

The legal basis for the processing of your personal data in the context of legal defense and enforcement is Art. 6 (1) lit. f GDPR.

b. Purpose of data processing

The purpose of the processing of your personal data in the context of defending and en-forcing legal claims is the defense of unjustified suits and the legal enforcement of claims and rights. This purpose also forms the basis of our legitimate interest in the data pro-cessing pursuant to Art. 6 (1) lit. f GDPR.

c. Duration of storage

Your personal information will be erased as soon as it is no longer necessary to achieve the purpose of the survey.

d. Objection and rectification option

The purpose of the processing of your personal data in the context of defending and en-forcing legal claims is the defense of unjustified suits and the legal enforcement of claims and rights. Consequently, you cannot object to this.

7. Categories of recipients

Within our company, those bodies and departments receive personal data that they need to ful-fill the purposes mentioned above. In addition, we sometimes use different service providers and transmit your personal data to other trusted recipients. These may e.g. be:

– Banking institutions
– Scan-Services
– Print shops
– Lettershops
– IT services
– Lawyers, courts, tax consultants

8. Data subject rights

If your personal data are processed by us, you are the data subject acc. to the GDPR and you have the following rights against us:

a. Right of access

You may request confirmation from us as to whether personal data concerning you is be-ing processed by us.

Where that is the case, you can request information from us regarding the following in-formation:

(1) the purposes for which the personal data are processed;
(2) the categories of personal data being processed;
(3) the recipients or categories of recipients to whom the personal data relating to you have been disclosed or are still being disclosed;
(4) the planned duration of the storage of your personal data or, if specific information is not available, criteria for determining the duration of storage;
(5) the existence of a right to rectification or erasure of personal data concerning you, a right to restriction of our processing or a right to object to such processing;
(6) the existence of a right of appeal to a supervisory authority;
(7) all available information about the origin of the data, if the personal data is not col-lected from you;
(8) the existence of automated decision-making including profiling in accordance with Art. 22 (1) and (4) GDPR and – at least in these cases – meaningful information about the logic involved, and the scope and intended impact of such processing on you.

You have the right to request information about whether your personal data was trans-ferred to a third country or an international organization. Where personal data is trans-ferred to a third country or to an international organization, you have the right to be in-formed of the appropriate safeguards pursuant to Art. 46 GDPR relating to the transfer.

b. Right to rectification

You have the right to obtain from us without undue delay the rectification of inaccurate personal data concerning you and / or the right to have incomplete personal data com-pleted.

c. Right to restriction of processing

You may request the restriction of the processing of your personal data under the follow-ing conditions:

(1) if you contest the accuracy of your personal data for a period of time that enables us to verify the accuracy of your personal data;
(2) the processing is unlawful and you oppose the erasure of the personal data and in-stead request the restriction of the use of the personal data;
(3) we no longer need the personal data for the purposes of processing, but you need it to establish, exercise or defend your rights, or
(4) if you have objected to the processing pursuant to Art. 21 (1) GDPR and it is not yet certain whether our legitimate grounds override yours.

If the processing of personal data concerning you has been restricted, this data may only be used with your consent or for the purpose of the establishment, exercise or defense of legal claims or protecting the rights of another natural or legal person or for reasons of important public interest of the Union or a Member State.

If you have obtained a restriction of processing after the o.g. conditions you will be
informed by the controller before the restriction of processing is lifted.

d. Right to erasure

i. Erasure obligation

You may require us to immediately erase your personal data and we shall promptly erase such personal data if one of the following grounds applies:

(1) Personal data concerning you are no longer necessary in relation to the pur-poses for which they were collected or otherwise processed.
(2) You withdraw your consent on which the processing acc. Art. 6 (1) lit. a or Art. 9 (2) lit. a GDPR was based and there is no other legal basis for pro-cessing.
(3) You object to the processing acc. to Art. 21 (1) GDPR and there are no over-riding legitimate grounds for the processing, or you submit an objection to the processing pursuant to acc. to Art. 21 (2) GDPR.
(4) Your personal data have been unlawfully processed.
(5) Your personal data have to be erased for compliance with a legal obligation under Union or national law to which we are subject.
(6) Your personal data were collected in relation to information society services offered pursuant to Art. 8 (1) GDPR.

ii. Information to third parties

Where we have made the personal data concerning you public and we are obliged to erase these data acc. to Art. 17 (1) GDPR, we, taking into account available technology and costs of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that you, have requested the erasure by such controllers of any links to, or copy or replications of those personal data.

iii. Exceptions

The right to erasure does not apply to the extent that processing is necessary:

(1) for exercising the right to freedom of expression and information;
(2) for compliance with a legal obligation which requires processing by Union or Member State law to which we are subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in us;
(3) for reasons of public interest in the area of public health pursuant to Art. 9 (2) lit. h and i as well as Art. 9 (3) GDPR;
(4) for archiving purposes of public interest, scientific or historical research pur-poses or for statistical purposes acc. to Art. 89 (1) GDPR, in so far as the right referred to in section 1 is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
(5) to assert, exercise or defend legal claims.

e. Notification obligation

We have to communicate any rectification or erasure of your personal data or restriction of processing carried out to each recipient to whom your personal data have been dis-closed, unless this proves impossible or involves disproportionate effort.

We inform you about those recipients in case of your request.

f. Right to data portability

You have the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format. You also have the right to transmit those data to another controller without hindrance from us, where

(1) the processing is based on a consent acc. to Art. 6 (1) lit. a GDPR or Art. 9 (2) lit. a GDPR or on a contract acc. to Art. 6 (1) lit. b GDPR and
(2) the processing is carried out by automated means.

In exercising this right, you also have the right to have the personal data concerning you transmitted directly from us to another controller, where technically feasible. This right shall not adversely affect freedoms and rights of other persons.

The right to data portability shall not apply to processing of personal data which is neces-sary for the performance of a task carried out in the public interest or in the exercise of of-ficial authority vested in us.

g. Right to object

You have the right to object, on grounds relating to your particular situation, at any time to the processing of the personal data concerning you which is based on Art. 6 (1) lit. e or f GDPR; this also applies to profiling based on these provisions.

We shall no longer process the personal data concerning you unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defense of legal claims.

Where the personal data concerning you is processed for direct marketing purposes you have the right to object at any time to the processing of the personal data concerning you for such marketing; this also applies to profiling to the extent that it is related to such di-rect marketing.

Where you object to processing for direct marketing purposes the personal data concern-ing you shall no longer be processed for such purposes.

In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you have the right to object by automated means using technical specifica-tions.

h. Right to withdraw the consent

You have the right to withdraw your consent at any time. The withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.

i. Automated individual 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 or similarly significantly affects you. This does not apply if the decision

(1) is necessary for entering into or performance of a contract between you and us;
(2) is authorized by Union or member state law to which we are subject and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interest; or
(3) based on your explicit consent.

However, these decisions may not be based on special categories of personal data under Art. 9 (1) GDPR, unless Art. 9 (2) lit. a or g GDPR and appropriate measures have been taken to protect the rights and freedoms and your legitimate interests.

With regard to the cases referred to in (1) and (3), we take suitable measures to protect your rights and freedoms and legitimate interests, including at least the right to obtain human intervention on our part, to express your point of view and to contest the decision.

j. 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 of your residence, place of work or place of alleged infringement if you believe that the processing of the personal data concerning you infringes the GDPR

The responsible supervisory authority for us is:

Thüringer Landesbeauftragter für den Datenschutz und die Informationsfreiheit
Postfach 900455
99107 Erfurt

Häßlerstraße 8
99096 Erfurt

The supervisory authority to which you have lodged a complaint informs you of the status and results of the complaint, including the possibility of a judicial remedy pursuant to Art. 78 GDPR.

For further questions our data protection officer is always at your disposal.

Last Update: February 2019

Information obligation acc. to Art. 12, 13 et seq. GDPR

1. Name and address of the controller

Your contact partner acting as controller within the means of the European General Data Protection Regulation (“GDPR”) and other national data protection provisions of the member states as well as other data protection provisions is:

Feintechnik GmbH Eisfeld
Seeweg 4
98673 Eisfeld/Thüringen

(hereinafter referred to as “we”, “us” or “our”)

2. Name and address of the data protection officer

Our data protection officer can be contacted:

Feintechnik GmbH Eisfeld
Seeweg 4
98673 Eisfeld/Thüringen
de.datenschutz@harrys.com

3. General information concerning data processing

a. Scope of processing personal data

Generally, we process your personal data only insofar as this is necessary for the performance of our services. Your personal data is generally only processed based on your consent. An exception applies to cases in which prior consent cannot be obtained due to practical reasons or the processing of your personal data is permitted by law.

b. Legal basis for data processing

Insofar as we obtain your consent for the processing of personal data, Art. 6 (1) lit. a GDPR provides as legal basis.

In case the processing of personal data is necessary for the performance of a contract which the data subject is party, Art. 6 (1) lit. b GDPR provides as a legal basis. This also applies to processing in order to take steps prior to entering into a contract.

Insofar as processing of personal data is necessary for compliance with a legal obligation to which we are subject, Art. 6 (1) lit. c GDPR provides as a legal basis.

In the event that vital interests of you or another natural person require the processing of personal data, Art. 6 (1) lit. d GDPR provides as legal basis.

If the processing is necessary for the protection of a legitimate interest of us or a third party and if your interests, fundamental rights and freedoms do not override the aforementioned interest, then Art. 6 (1) lit. f GDPR provides as a legal basis for the processing.

c. Data erasure and storage duration

Your personal data will be erased or restricted as soon as the purpose of the storage has lapsed. Provided that it is foreseen by the European or national legislator in EU regulations, laws or other regulations to which we are subject the data may moreover be stored. Restriction or erasure of the data also takes place when a storage period prescribed by the standards mentioned expires, unless there is a need for further storage of the data for conclusion of a contract or fulfillment of the contract.

4. Provision of the website and creation of log files

a. Legal basis for data processing

The legal basis for the processing of your personal data in the context of the provision of the website and the creation of log files is Art. 6 (1) lit. f GDPR.

b. Purpose of data processing

The temporary storage by us of your personal data is necessary to enable the website to be delivered to your computer. For this, your personal data must be stored for the duration of the session.

The storage of your personal data in log files is done to ensure the functionality of the website. In addition, your personal data serves to optimize the website and to ensure the security of our information technology systems. An evaluation of your personal data for marketing purposes does not take place in this context.

These purposes also form the basis of our legitimate interest in the data processing acc. to Art. 6 (1) lit. f GDPR.

c. Duration of storage

Your personal data will be erased as soon as it is no longer necessary to achieve the purpose for which it was collected. Where your personal data is recorded for the purpose of providing the website, this will happen as soon as the relevant session has ended.

In the case of storing your personal data in log files, these will be erased after thirty-one days at the latest. An additional storage is possible. In this case, your personal data is erased or alienated, so that an assignment of the calling client is no longer possible.

d. Objection and rectification option

The collection of your personal data for the provision of the website and the storage of your personal data in log files is necessary for the operation of the website. Consequently, you have no right to object.

5. Use of cookies

a. Legal basis for data processing

The legal basis for the processing of your personal data in the context of the use of technically necessary cookies is Art. 6 (1) lit. f GDPR.

b. Purpose of data processing

The use of technically necessary cookies serves to simplify the use of our website. Some features of our website cannot be offered without the use of cookies. For these, it is necessary that your web browser be recognized even after a page break. The user data collected through technically necessary cookies will not be used to create user profiles.

Our legitimate interest in the processing of your personal data pursuant to Art. 6 (1) lit. f GDPR.

c. Duration of storage

Your personal data will be erased as soon as it is no longer necessary to achieve the purpose of the processing; this is especially the case when cookies are deactivated.

d. Objection and rectification option

Cookies are stored on your computer and transmitted from the computer to our website. Therefore, you also have full control over the use of cookies. By adjusting the settings in your web browser, you can disable or restrict the transmission of cookies. Already stored cookies can be erased by you at any time. This can also be done automatically. If cookies are disabled for our website it may not be possible to fully use all the functions of the website. Flash-cookies are not being used.

6. Registration

a. Legal basis for data processing

The legal basis for the processing of your personal data in the context of your registration is Art. 6 (1) lit. b GDPR.

b. Purpose of data processing

Your registration allows enables the simplified conclusion of contracts between you and us. The processing of your personal data during registration is therefore necessary to fulfill a contractual obligation between you and us or to carry out pre-contractual measures.

c. Duration of storage

Your personal data will be erased as soon as it is no longer necessary to achieve the purpose of their processing. This is the case during the registration process for the performance of a contract or for the performance of pre-contractual measures if your personal data are no longer necessary for the performance of the contract. Even after the conclusion of the contract, there may be a need to store personal data of the contracting party in order to comply with contractual or legal obligations.

d. Objection and rectification option

You have the option to cancel the registration at any time. You can let the personal data stored about you be changed at any time. If your personal data is necessary for the fulfillment of a contract or for the execution of pre-contractual measures, a premature erasure of your personal data is only possible where erasure is not contrary to contractual or statutory obligations.

7. Contact form and contact by e-mail

a. Legal basis for data processing

The legal basis for the processing of your personal data, which is transmitted in the event of contact by you via the contact form or by e-mail, is Art. 6 (1) lit. f GDPR. If the establishment of contact via the contact form or by e-mail aims to conclude a contract Art. 6 (1) lit. b GDPR is an additional legal basis for the processing.

b. Purpose of data processing

The processing of your personal data in the case of contact via the contact form or by e-mail is necessary to process the contact request.

c. Duration of storage

Your personal data will be erased as soon as it is no longer necessary to achieve the purpose of the contact request. For the personal data sent via the contact form or by e-mail this is the case when the conversation with you has ended. The conversation ends when it can be inferred from the circumstances that the matter in question has finally been clarified between you and us.

d. Objection and rectification option

You have the opportunity to object at any time to the processing of your personal data in the context of contacting us via the contact form or by e-mail at any time in the future. In such a case, the conversation between you and us cannot continue. All personal data stored in the course of contacting will be erased in this case.

8. Web tracking and web analysis by Google Analytics

a. Handling of processing

This website uses Google Analytics, the web analysis service of Google Inc. (hereafter “Google”). Google Analytics uses so-called “cookies”, text suggestion files, which are stored on your computer and which allow an analysis of the use of the website by you. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there. However, if IP anonymization is activated on this website, your IP address will be shortened by Google beforehand within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be sent to a Google server in the US 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 other services related to website activity and internet usage to the website operator. The IP address provided by Google Analytics as part of Google Analytics will not be merged with other Google data.

b. Legal basis for data processing

The legal basis for the processing of your personal data is Art. 6 (1) lit. f GDPR.

c. Purpose of data processing

The processing of your personal data enables us to analyze your browsing habits. By analyzing the obtained data we are able to compile information about the use of the individual components of our website. This helps us to constantly improve our website and its user-friendliness. These purposes also form the basis of our legitimate interest in the processing of your personal data pursuant to Art. 6 (1) lit. f GDPR. Anonymizing your IP address takes adequate regard of your interest in the protection of personal data.

d. Duration of storage

Your personal data will be erased as soon as it is no longer needed for our aforementioned purposes. In our case, this is the case after 4 weeks.

e. Objection and rectification option

Users of this website who do not wish their data to be captured by Google Analytics may install the browser add-on to deactivate Google Analytics. This add-on tells the Google Analytics JavaScript (ga.js, analytics.js and dc.js) which is running on websites not to allow information to be sent to Google Analytics.

If you wish to deactivate Google Analytics visit this site and install the add-on to deactivate Google Analytics for your browser. More detailed information about how to install and uninstall the add-on can be found in the relevant help resources for your browser.

Browser and operating system updates may result in the deactivation add-on no longer working as envisaged. Further information about managing add-ons for Chrome can be found here. If you do not use Chrome, ask your browser’s manufacturer directly whether add-ons work properly in the browser version that you use.

The latest versions of Internet Explorer occasionally load the add-on to deactivate Google Analytics after data has been sent to Google Analytics. If you use Internet Explorer, therefore, cookies are installed on your computer by the add-on. These cookies ensure that any kind of data that is captured is immediately erased by the server collecting it. Make sure that third party cookies are not deactivated for Internet Explorer. If you delete your cookies, these cookies will be put back again within a short time by the add-on to ensure that your Google Analytics browser add-on continues to work fully.

The browser add-on to deactivate Google Analytics does not prevent data from being sent to the website or to other web analytics services.

For more detailed information concerning the terms and conditions of use and data protection, see

http://www.google.com/analytics/terms/de.html or https://support.google.com/analytics/answer/6004245?hl=de.

9. Direct marketing

a. Legal basis for data processing

The legal basis for the processing of your personal data in the context of direct marketing by mail is Art. 6 (1) lit. f GDPR.

b. Purpose of data processing

The purpose of processing your personal data in the context of direct marketing by mail is to promote the sale of goods or services. This purpose also forms the basis of our legitimate interest in the data processing pursuant to Art. 6 (1) lit. f GDPR.

c. Duration of storage

Your personal data will be erased as soon as it is no longer necessary to achieve the purpose of the processing; this is the case in particular when the objection is received.

d. Objection and rectification option

You have the right to object to the processing of your personal data in the context of direct marketing by mail at any time in the future.

10. Defending and enforcing legal claims

a. Legal basis for data processing

The legal basis for the processing of your personal data in the context of defending and enforcing legal claims is Art. 6 (1) lit. f GDPR.

b. Purpose of data processing

The purpose of the processing of your personal data in the context of defending and enforcing legal claims is the defense of unjustified suits and the legal enforcement of claims and rights. This purpose also forms the basis of our legitimate interest in the data processing pursuant to Art. 6 (1) lit. f GDPR.

c. Duration of storage

Your personal data will be erased as soon as it is no longer necessary to achieve the purpose of the processing.

d. Objection and rectification option

The processing of your personal data in the context of defending and enforcing legal claims is absolutely necessary for the defense and enforcement thereof. Consequently, you cannot object to this.

11. Categories of recipients

Within our company, those bodies and departments receive personal data that they need to fulfill the purposes mentioned above. In addition, we sometimes use different service providers and transmit your personal data to other trusted recipients. These may e.g. be:

– Banks
– Credit rating agencies
– Scanning Service
– Printing service providers
– Lettershops
– IT services
– Lawyers and courts

12. Data subject rights

If your personal data are processed by us, you are the data subject acc. to the GDPR and you have the following rights against us:

a. Right of access

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

Where that is the case, you can request information from us regarding the following information:

(1) the purposes for which the personal data are processed;
(2) the categories of personal data being processed;
(3) the recipients or categories of recipients to whom the personal data relating to you have been disclosed or are still being disclosed;
(4) the planned duration of the storage of your personal data or, if specific information is not available, criteria for determining the duration of storage;
(5) the existence of a right to rectification or erasure of personal data concerning you, a right to restriction of our processing or a right to object to such processing;
(6) the existence of a right of appeal to a supervisory authority;
(7) all available information about the origin of the data, if the personal data is not collected from you;
(8) the existence of automated decision-making including profiling in accordance with Art. 22 (1) and (4) GDPR and – at least in these cases – meaningful information about the logic involved, and the scope and intended impact of such processing on you.

You have the right to request information about whether your personal data relates to a third country or an international organization. In this connection, you can request the appropriate guarantees in accordance with Art. 46 GDPR in connection with the transfer.

b. Right to rectification

You have a right to rectification and / or completion to us if the personal data you process is incorrect or incomplete. We have to correct this immediately.

c. Right to restriction of processing

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

(1) if you deny the accuracy of your personal data for a period of time that enables us to verify the accuracy of your personal data;
(2) the processing is unlawful and you refuse the erasure of the personal data and instead demand the restriction of the use of the personal data;
(3) we no longer need the personal data for the purposes of processing, but you need it to assert, exercise or defend your rights, or
(4) if you have objected to the processing pursuant to Art. 21 (1) GDPR and it is not yet certain whether our legitimate reasons prevail over your reasons.

If the processing of personal data concerning you has been restricted, this data may only be used with your consent or for the purpose of asserting, exercising or defending legal claims or protecting the rights of another natural or legal person or for reasons of important public interest of the Union or a Member State.

If the limitation of the processing after the o.g. conditions are restricted, you will be informed by us before the restriction is lifted.

d. Right to erasure

i. Erasure obligation

You may require us to immediately erase your personal data and we shall promptly erase such personal data if one of the following applies:

(1) Personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
(2) You revoke your consent upon which the processing acc. Art. 6 (1) lit. a or Art. 9 (2) lit. a GDPR was based and there is no other legal basis for processing.
(3) You submit an objection to the processing acc. to Art. 21 (1) and there are no overriding legitimate grounds for the processing, or you submit an objection to the processing pursuant to acc. to Art. 21 (2) GDPR.
(4) Your personal data have been processed unlawfully.
(5) The erasure of your personal data is necessary for compliance with a legal obligation under Union or national law to which we are subject.
(6) The personal data concerning you were collected in relation to information society services offered pursuant to Art. 8 (1) GDPR.

ii. Information to third parties

Have we made the personal data concerning you public and we are obliged to erase these data acc. to Art. 17 (1) GDPR, we shall take appropriate measures, including technical means, to inform data controllers who process the personal data that you, taking into account available technology and implementation costs, have requested the erasure of any links to such personal data or copies or replications of such personal data.

iii. Exceptions

The right to erasure does not exist if the processing is necessary

(1) to exercise the right to freedom of expression and information;
(2) to fulfill any legal obligation necessary by the law of the Union or of the Member States to which we are subject, or to perform a task of public interest or in the exercise of official authority which has been delegated to us;
(3) for reasons of public interest in the field of public health pursuant to Art. 9 (2) lit. h and i and Art. 9 (3) GDPR;
(4) for archival purposes of public interest, scientific or historical research purposes or for statistical purposes acc. to Art. 89 (1) GDPR, to the extent that the law referred to in section (1) is likely to render impossible or seriously affect the achievement of the objectives of that processing, or
(5) to assert, exercise or defend legal claims.

e. Right to information

If you have the right to rectify, erase or limit the processing to us, we are obliged to notify all recipients to whom your personal data have been disclosed of this correction or erasure of the data or restriction of processing, unless this proves to be impossible or involves a disproportionate effort.

You have the right to be notified by us about these recipients.

f. Right to data portability

You have the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format. You also have the right to transmit said personal data which has been provided to us to another controller without hindrance from us where

(1) the processing is based on a consent acc. to Art. 6 (1) lit. a GDPR or Art. 9 (2) lit. a GDPR or on a contract acc. to Art. 6 (1) lit. b GDPR and
(2) the processing is done by automated means.

In exercising this right, you also have the right to have the personal data concerning you transmitted directly from us to another controller, where technically feasible. This right shall not adversely affect freedoms and rights of other persons.

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 us.

g. Right to object

You have the right, on grounds relating to your particular situation, to object at any time to the processing of the personal data concerning you which is based on Art. 6 (1) lit. e or f EU GDPR; this also applies to profiling based on these provisions.

We shall no longer process the personal data concerning you unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defense of legal claims.

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

Where you object to processing for direct marketing purposes the personal data concerning you shall no longer be processed for such purposes.

In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you have the option of objecting by automated means using technical specifications.

h. Right to withdraw the data privacy based consent

You have the right to withdraw your consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.

i. Automated decision-making, including profiling

You have the right not to be subject to a decision based solely on automated processing – including profiling – that will have legal effects concerning you or similarly affect you. This does not apply if the decision

(1) is necessary for the conclusion or performance of a contract between you and us,
(2) is authorized by Union or member state law to which we are subject and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interest; or
(3) with your explicit consent.

However, these decisions may not be based on special categories of personal data under Art. 9 (1) GDPR, unless Art. 9 (2) lit. a or g GDPR and appropriate measures have been taken to protect the rights and freedoms and your legitimate interests.

With regard to the cases referred to in (1) and (3), we take suitable measures to protect your rights and freedoms and legitimate interests, including at least the right to obtain human intervention on our part, to express your point of view and to contest the decision.

j. Right to lodge a complaint with a supervisory authority

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

The responsible supervisory authority for us is:

Thüringer Landesbeauftragter für den Datenschutz und die Informationsfreiheit
Postfach 900455
99107 Erfurt

Häßlerstraße 8
99096 Erfurt

The supervisory authority to which you have lodged a complaint informs you of the status and results of the complaint, including the possibility of a judicial remedy pursuant to Art. 78 GDPR.

For further questions our data protection officer is always at your disposal.

Last Update: January 2019