Data protection information for customers and other contractual or business partners and interested parties
Status: 28.11.2024
Dear Customers, Interested Parties and Contractual Partners,
In accordance with the provisions of Articles 13, 14 and 21 of the General Data Protection Regulation (GDPR), this document informs you about the processing of your personal data and your rights under data protection law in this regard. The type of data that is processed in detail and how it is used depends largely on the requested or agreed services. To ensure you are fully informed about the processing of your personal data in the context of the fulfilment of a contract or the implementation of pre-contractual measures, please take note of the following information.
Controller within the meaning of the GDPR
BAUER COMP Holding GmbH
Wolfratshauser Strasse 80
81379 Munich
Germany
+49 (0) 89 / 78049 - 0
info@bauer-kompressoren.deData Protection Officer
Proliance GmbH
www.datenschutzexperte.de
Data Protection Officer
Leopoldstr. 21
80802 Munich
Germany
E-mail: datenschutzbeauftragter@datenschutzexperte.de
When contacting the data protection officer, please state the company to which your enquiry relates. Please refrain from enclosing sensitive information (e.g. a copy of your ID), with your enquiry.Data protection information for customers and other contractual or business partners and interested parties
Data processing for the establishment, execution and fulfilment of contracts and for the implementation of pre-contractual measures
Description of the data processing and the purpose
We process your personal data where and to the extent necessary for the establishment, execution and fulfilment of a contract and for the implementation of pre-contractual measures.
We only process data that is related to the establishment of the contract or the pre-contractual measures. This may be general data about you or persons in your company (name, address, contact details, etc.) as well as any other data that you provide to us in the context of establishing the contract.
Legal basis for data processing
Where personal data is required for the initiation or execution of a contractual relationship or in the context of implementation of pre-contractual measures, processing is lawful pursuant to Art. 6 (1) sentence 1 lit. b GDPR.
Sources
We process personal data that we receive from you or that you provide via our various online portals in the context of establishing contact or a contractual relationship or in the context of pre-contractual measures.
Receiver
We only pass on your personal data within our company to those areas and persons that need this data to fulfil contractual and legal obligations or to pursue our legitimate interests.
We may transfer your personal data to companies affiliated with us where and to the extent permitted within the scope of the purposes and legal bases set out in section 3 of this data protection information sheet.
Your personal data is processed on our behalf on the basis of order processing contracts in accordance with Art. 28 GDPR. In these cases, we ensure that processing of personal data is carried out in accordance with the provisions of the GDPR. The categories of recipients in this case are internet service providers and providers of customer management systems and software.
Otherwise, data will only be passed on to recipients outside the company where permitted or required by law; where such transfer is necessary for processing, and thus for the fulfilment of the contract or, at your request, for the implementation of pre-contractual measures; where we have your consent; or where we are authorised to provide information.
Under these conditions, recipients of personal data may include
– External tax consultants and tax accountants
– Public bodies and institutions (e.g. public prosecutor's office, police, supervisory authorities, tax office) where a legal or official obligation applies,
– Recipients for which the disclosure is directly necessary for the establishment or fulfilment of the contract, e.g. [examples],
– Other data recipients where and to the extent to which you have given us your consent to data transfer.
As part of data processing, your data will be transmitted to the following recipients in particular:
– BAUER GROUP subsidiaries and their dealers
Data processing in third countries
During use of the service, your data may also be processed in third countries outside the European Union (EU) and the European Economic Area (EEA), in particular in the USA.
An adequacy decision by the EU Commission pursuant to Art. 45 (1) GDPR applies to data transfers to the USA with regard to companies holding certification in accordance with the EU-U.S. Data Privacy Framework.
If your data is transferred to other third countries not covered by an adequacy decision, your data may be at risk of being accessed by the authorities there for security and monitoring purposes without your being informed or having the right to appeal.
To ensure an adequate level of data protection when your data is transferred to the third country, standard data protection clauses of the European Commission are concluded in accordance with Art. 46 (2) lit. c GDPR. They oblige the recipient of the data to process it in accordance with the European level of protection.
If the standard data protection clauses are not sufficient to guarantee the level of protection, additional technical, contractual or organisational measures are taken to secure the transfer of data. We also regularly review and assess whether these additional measures continue to ensure an adequate level of data protection or whether further supplementary measures may need to be taken.
Storage duration
Where necessary, we process and store your personal data for the duration of our business relationship or for the fulfilment of contractual purposes. This also includes initiation and fulfilment of a contract.
In addition, we are subject to various retention and documentation obligations, including those arising from the German Commercial Code (HGB) and the German Fiscal Code (AO). The retention and documentation periods stipulated there are two to ten years.
Finally, the storage period is also based on the statutory limitation periods, which, for example, under Sections 195 et seq. of the German Civil Code (BGB), are generally three years, but can be up to thirty years in certain cases.
Necessity of the provision of personal data
Provision of personal data for the decision concerning the conclusion or fulfilment of a contract or for the implementation of pre-contractual measures is voluntary. However, we can only make a decision within the framework of contractual measures if you provide personal data that is necessary for the conclusion or fulfilment of the contract or for the pre-contractual measures.Data processing for advertising purposes
We process your personal data in order to contact you by post, telephone and e-mail for the purpose of direct advertising and to analyse prospective customer data, conduct market research and carry out customer satisfaction surveys.Postal or telephone advertising measures directed at business customers
Description of the data processing and purpose
We process your personal data (title, first name, surname, business address and telephone number) for the purpose of, and pursuing our legitimate interests of, making personalised contact with you or your company by post or telephone to inform you about our products, goods, services and offers.
Legal basis for data processing
The legal basis for this processing is Art. 6 (1) sentence 1 lit. f GDPR. As we only process your personal business-related data for this purpose, there are no overriding interests on your part that conflict with our interests in data processing.
You can object to data processing at any time with effect for the future. To exercise your right to object, use the contact details above.
Receiver
As part of data processing, your data will be transmitted to the following recipients:
– BAUER GROUP subsidiaries and their dealers
Data processing in third countries
During use of the service, your data may also be processed in third countries outside the European Union (EU) and the European Economic Area (EEA), in particular in the USA.
An adequacy decision by the EU Commission pursuant to Art. 45 (1) GDPR applies to data transfers to the USA with regard to companies holding certification in accordance with the EU-U.S. Data Privacy Framework.
If your data is transferred to other third countries not covered by an adequacy decision, your data may be at risk of being accessed by the authorities there m for security and monitoring purposes without your being informed or having the right to appeal.
To ensure an adequate level of data protection when your data is transferred to the third country, standard data protection clauses of the European Commission are concluded in accordance with Art. 46 (2) lit. c GDPR. They oblige the recipient of the data to process it in accordance with the European level of protection.
If the standard data protection clauses are not sufficient to guarantee the level of protection, additional technical, contractual or organisational measures are taken to secure the transfer of data. We also regularly review and assess whether these additional measures continue to ensure an adequate level of data protection or whether further supplementary measures may need to be taken.
Storage duration
We store your data for as long as is necessary to achieve the aforementioned purpose or as long as you have not objected to the data processing. We will then delete your data unless data processing is still permitted on the basis of another legal basis or is mandatory for us (e.g. in the event of statutory retention obligations).Email advertising to business customers
Existing customer acquisition
Description of the data processing and the purpose
We process your personal data (title, first name, surname, business e-mail address) that we receive in connection with the conclusion of a contract for the purpose of, and in pursuing our legitimate interests of, sending you or your company, as an existing customer, personalised direct advertising as an existing customer for similar products, goods and services that are related to the previous conclusion of the contract.
Legal basis for data processing
The legal basis for this processing is Art. 6 (1) sentence 1 lit. f GDPR. As we comply with the provisions of the exemption regulation of Section 7 (3) UWG and only process personal data that is related to your official activities in order to achieve the purpose, there are no apparent overriding interests on your part that conflict with our interests in data processing, provided you have not yet objected to the processing.
You can object to data processing at any time with effect for the future without incurring any costs other than the transmission costs at basic rates. To exercise your right to object, use the "unsubscribe" link in our advertising emails or contact us using the contact details above.
Receiver
As part of data processing, your data will be transmitted to the following recipients:
– BAUER GROUP subsidiaries and their dealers
During use of the service, your data may also be processed in third countries outside the European Union (EU) and the European Economic Area (EEA) , in particular in the USA.
An adequacy decision by the EU Commission pursuant to Art. 45 (1) GDPR applies to data transfers to the USA with regard to companies holding certification in accordance with the EU-U.S. Data Privacy Framework.
If your data is transferred to other third countries not covered by an adequacy decision, your data may be at risk of being accessed by the authorities there for security and monitoring purposes without your being informed or having the right to appeal.
To ensure an adequate level of data protection when your data is transferred to the third country, standard data protection clauses of the European Commission are concluded in accordance with Art. 46 (2) lit. c GDPR. They oblige the recipient of the data to process it in accordance with the European level of protection.
If the standard data protection clauses are not sufficient to guarantee the level of protection, additional technical, contractual or organisational measures are taken to secure the transfer of data. We also regularly review and assess whether these additional measures continue to guarantee an adequate level of data protection or whether further supplementary measures may need to be taken.
Storage duration
We store your data for as long as is necessary to achieve the aforementioned purpose or as long as you have not objected to the data processing. We will then delete your data unless data processing is still permitted on the basis of another legal basis or is mandatory for us (e.g. in the event of statutory retention obligations).
Consent to receiving promotional emails and the newsletter, newsletter tracking
Description of the data processing and the purpose
In addition, we will only process your personal data (title, first name, surname, business e-mail address) for the purpose of personalised contact with you or your company by e-mail or via our e-mail newsletter in order to inform you about our products, goods, services and offers where you have given us your express consent to doing so.
By giving your consent, you also authorise us to process data on whether you have received and opened our marketing emails, the extent to which you have interacted with the content, in particular which links you have clicked on and the extent to which you have read or skimmed our emails (newsletter tracking).
Legal basis for data processing
The legal basis for this processing is your consent in accordance with Art. 6 (1) sentence 1 lit. a GDPR. Your consent is voluntary and can be withdrawn at any time with effect for the future. Withdrawing your consent does not invalidate the legality of the data processing carried out up to that point. To exercise your right of cancellation, use the "unsubscribe" link in our promotional emails or in the newsletter or contact us using the contact details above.
Receiver
As part of data processing, your data will be transmitted to the following recipients:
– BAUER GROUP subsidiaries and their dealers
Data processing in third countries
During use of the service, your data may also be processed in third countries outside the European Union (EU) and the European Economic Area (EEA) , in particular in the USA.
An adequacy decision by the EU Commission pursuant to Art. 45 (1) GDPR applies to data transfers to the USA with regard to companies holding certification in accordance with the EU-U.S. Data Privacy Framework.
If your data is transferred to other third countries not covered by an adequacy decision, your data may be at risk of being accessed by the authorities there for security and monitoring purposes without your being informed or having the right to appeal.
To ensure an adequate level of data protection when your data is transferred to the third country, standard data protection clauses of the European Commission are concluded in accordance with Art. 46 (2) lit. c GDPR. They oblige the recipient of the data to process it in accordance with the European level of protection.
If the standard data protection clauses are not sufficient to guarantee the level of protection, additional technical, contractual or organisational measures are taken to secure the transfer of data. We also regularly review and assess whether these additional measures continue to guarantee an adequate level of data protection or whether further supplementary measures may need to be taken.
Storage duration
We store your data for as long as is necessary to achieve the aforementioned purpose or as long as you have not objected to the data processing. We will then delete your data unless data processing is still permitted on the basis of another legal basis or is mandatory for us (e.g. in the event of statutory retention obligations).
Storage duration
We store your data for as long as is necessary to achieve the aforementioned purpose or as long as you have not objected to the data processing. We will then delete your data unless data processing is still permitted on the basis of another legal basis or is mandatory for us (e.g. in the event of statutory retention obligations).
Other data processing
Documentation of data protection compliance
Description of the data processing and the purpose
If you provide us with a declaration of consent, we process your personal data about the circumstances and time of submission (signature, e-mail address, telephone or fax number or IP address, if applicable) in order to furnish proof of your consent to the data processing in question within the scope of our accountability obligation under Art. 5 (2) GDPR.
If you exercise your data subject rights under the GDPR against us, we will also process your personal data in order to furnish proof of our compliance with the GDPR when processing your request as part of the accountability obligation pursuant to Art. 5 (2) GDPR.
Legal basis for data processing
Processing is carried out in each case on the basis of Art. 6 (1) sentence 1 lit. c GDPR or Art. 6 (1) sentence 1 lit. f GDPR. Our legitimate interest comprises the ability to document compliance with the requirements of the GDPR as part of our accountability.
Receiver
In addition, we may forward your personal data in connection with your enquiry to our external company data protection officer, who supports us in our compliance with the requirements of the GDPR.
Storage duration
We store your data for as long as is necessary to fulfil the aforementioned purpose. We regularly store data relating to a given consent for a period of 3 years from the end of the year in which we last made use of this consent. Data that we process in connection with the implementation of data subject rights is regularly stored for a period of 3 years from the end of the year in which you exercised your data subject right.
We will then delete your data unless data processing, possibly also in other systems, is still permitted on the basis of another legal basis or is mandatory for us (e.g. where statutory retention obligations apply).Fulfilment of other legal obligations
Description of the data processing and the purpose
We process personal data where and to the extent necessary for the fulfilment of a legal obligation. The scope of the data to be processed results from the legal obligation, compliance with which is mandatory.
Legal basis for data processing
The legal basis for the processing of your data in these cases is Art. 6 (1) sentence 1 lit. c GDPR in conjunction with the respective legal standard that imposes such an obligation on us.
These can be standards from the German Fiscal Code (AO), e.g. Section 147 AO, the German Commercial Code (HGB), e.g. Section 257 HGB, or the German Code of Criminal Procedure (StPO).
Receiver
If necessary, your data will be transmitted to tax consultants, auditors, financial or investigative authorities, lawyers, experts or courts to the extent required.
Storage duration
We store your data to the extent necessary for as long as is required to fulfil the aforementioned purpose. The storage period is derived from the special legal regulations under which we are obliged to store or process data for a period of up to 10 years, with the specific start of the storage periods derived from the respective special law.
We will then delete your data unless data processing, possibly also in other systems, is still permitted on another legal basis.Exercise or defence of legal claims
Description of the data processing and the purpose
We also process your data in individual cases for the purpose of, and pursuing our interest of, asserting legal claims, e.g. to enforce our claims due to unpaid invoices, if your data is relevant to a legal dispute.
We also process your data in individual cases for the purpose of, and in pursuing our interest of, conducting a defence against legal claims asserted against us, e.g. in the assertion of claims for material defects, if your data is relevant to a legal dispute.
Legal basis for data processing
The legal basis for the processing of your data is Art. 6 (1) sentence 1 lit. f GDPR.
Receiver
Where necessary, your data will be transmitted to tax consultants, auditors, financial or investigative authorities, lawyers, experts or courts to the extent required.
Storage duration
We store your data in individual cases to the extent necessary for as long as is required to fulfil the aforementioned purpose. We will then delete your data unless data processing, possibly also in other systems, is still permitted on the basis of another legal basis or is mandatory for us (e.g. where statutory retention obligations apply).Necessity of the provision of personal data
Provision of personal data for the decision concerning the conclusion or fulfilment of a contract or for the implementation of pre-contractual measures is voluntary. However, we can only make a decision within the framework of contractual measures if you provide personal data that is necessary for the conclusion or fulfilment of the contract or for pre-contractual measures.Automated e decision making
As a matter of principle, we do not use fully automated decision-making in accordance with Art. 22 GDPR to establish, fulfil or implement the business relationship or for pre-contractual measures. If we use these procedures in individual cases, we will inform you of this separately or obtain your consent where required by law.
Your rights
Below you will find information on your data subject rights vis-à-vis the controller under the applicable data protection law with regard to the processing of your personal data:
The right to request information about your personal data processed by us in accordance with Art. 15 GDPR. In particular, you can request information about the processing purposes, the category of personal data, the categories of recipients to which your data has been or will be disclosed, the planned storage period, the existence of a right to rectification, erasure, restriction of processing or objection, the existence of a right to lodge a complaint, the origin of your data if it was not collected by us, and the existence of automated decision-making including profiling and, if applicable, relevant information about its details.
The right to demand immediate rectification of incorrect or incomplete personal data stored by us in accordance with Art. 16 GDPR.
The right to request erasure of your personal data stored by us in accordance with Art. 17 GDPR, unless processing is necessary to exercise the right to freedom of expression and information, to fulfil a legal obligation, for reasons of public interest or for the assertion, exercise or defence of legal claims.
The right to demand restriction of processing of your personal data in accordance with Art. 18 GDPR if the accuracy of the data is disputed by you, the processing is unlawful but you oppose the erasure of the data, and if we no longer need the data, but you require it for the assertion, exercise or defence of legal claims or you have lodged an objection to processing in accordance with Art. 21 GDPR.
The right, pursuant to Art. 20 GDPR, to receive your personal data that you have provided to us in a structured, commonly used and machine-readable format or to request its transmission to another controller.
The right to lodge a complaint with a supervisory authority in accordance with Art. 77 GDPR. As a rule, you can contact the supervisory authority of the federal state of our registered office stated above or, if applicable, that of your usual place of residence or workplace.
The right to withdraw consent granted in accordance with Art. 7 (3) GDPR: You have the right to withdraw your consent to the processing of data at any time with effect for the future. In the event of revocation, we will delete the data concerned immediately, unless further processing can be supported by a legal basis for processing without consent. Withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
Right of objection
If your personal data is processed by us on the basis of legitimate interests in accordance with Art. 6 (1) sentence 1 lit. f GDPR, under Art. 21 GDPR you have the right to object to the processing of your personal data where this is done on grounds relating to your particular situation. Where your objection is directed against the processing of personal data for the purpose of direct marketing, you have a general right to object without the requirement to specify a particular situation.
If you would like to exercise your right of cancellation or objection, simply send an e-mail to: info@bauer-kompressoren.de.