of the ERSTE KAVIAR COMPANY EKC GmbH
Address: Hauptstraße 49, 36166 Haunetal
Phone #: +49 6673 208 3601
Contact details of the data protection officer
Contact details (business)
Data protection officer: Mr. Arthur Wischnakow
Address: Hauptstraße 49, 36166 Haunetal
Phone #: +49 6673 208 3606
From where do we obtain your personal data?
In principle, the collection of your data takes place with you. The processing of your personal data provided by you is to fulfil the contractual obligations which arise from the contracts concluded with us . Due to your obligation to cooperate within the framework of the contractual relationship, it is absolutely essential to provide us with the personal data requested by us, since otherwise we would not be able to meet our contractual obligations. Otherwise, legal or tax disadvantages could not be excluded for you.
Even in the pre-contractual sphere it is necessary that you provide us with your personal data, because without these data, a contract cannot be concluded.
In order to fulfil our contractual obligations, it may be necessary to process personal data which we have received from other companies or other third parties in a legitimate manner and for their intended purpose.
In addition, we may process any personal data from publicly accessible sources, such as websites, which we permissibly use and only for the purpose of the contract.
Purposes and legal bases of data processing
The personal data provided by you will be processed in our company in accordance with the European General Data Protection Regulation (GDPR) and the Federal Data Protection Act (FDPA):
On the basis of a consent in accordance with Art. 6, Para. 1 (a), GDPR
The purposes of the processing of personal data arise from the granting of consent. Any given consent can be revoked by you at any time with effect for the future. Consents which have been granted prior to the application of the GDPR on 25th May 2018 can also be revoked. Processing operations that took place before the revocation remain unaffected by the revocation.
For the fulfilment of contractual obligations in accordance with Art. 6, Para. 1 (b), GDPR
The purposes of the data processing arise on the one hand from the initiation of pre-contractual measures, which precede a contractually regulated business relationship and, on the other hand, to fulfil the obligations arising from the contract concluded with you.
Due to legal requirements pursuant to Art. 6 (1) (c), GDPR or in the public interest pursuant to Art. 6 (1) (e), GDPR
The data processing purposes result from legal requirements or are in the public interest, for example, in order to comply with retention requirements, as proof of compliance with reference requirements and information obligations of the tax consultant.
In the context of the weighing of interests pursuant to Art. 6, Para 1 (f), GDPR
The data processing purpose results from safeguarding our legitimate interests. It may be required to process the data you have been provided beyond the actual performance of the contract. This legitimate interest may be used to justify any further processing of the data you have provided, if your interests or fundamental rights and freedoms do not prevail. In individual cases, a legitimate interest may be in the assertion of any legal claims, to defend against any liability claims, to prevent any crimes, to use the data for any of our activities and promotional purposes (such as sending a newsletter, invitation to events or similar promotional purposes).
Who receives the personal data which are provided by you?
Within our company, those employees have access to personal data provided by you, who need to fulfil their contractual or legal obligations and who are authorised to process those data.
In addition, in fulfilment of the contract concluded with you, certain entities which need your data for legal reasons, such as administrative offices, official authorities or courts, will also receive the data which is provided by you.
As part of our service provision, we may instruct contract processors who contribute to the fulfilment of the contractual obligations, such as IT partners, shredding companies, etc.. Contractors are contractually obligated by us to comply with the requirements of the GDPR and the FDPA.
Are the data provided by you transmitted to any third countries or international organisations?
A transmission of the data provided by you to a third country or an international organisation will only take place if this is absolutely necessary in order to fulfil the contract.
Does an automated decision making, including profiling take place?
No fully automated decision making including profiling in accordance with Art. 22 GDPR is used in order to process the data provided by you.
Duration of processing including criteria for deletion
The processing of the data provided by you takes place as long as it is necessary in order to achieve the contractually agreed purpose, in principle, for the duration of the contract. After termination of the contract, the data provided by you will be processed in order to comply with statutory retention requirements or based on our legitimate interests. After the expiry of the statutory retention periods and/or the discontinuation of our legitimate interests, the data provided by you will be deleted.
Expected deadlines of our storage obligations and our legitimate interests:
- Fulfilment of commercial, tax and professional retention periods. The specified deadlines for storage or documentation therein are between two and ten years.
- Preservation of evidence under the statute of limitations. In accordance with §§195 et seq. of the Civil Code (BGB), these limitation periods can be up to 30 years, whereby the regular limitation period is three years.
Which rights do you have?
1. Right to information according to Art. 15 GDPR:
You have the right to be informed whether personal data are processed and, if so, for what purpose the data was collected, which category of personal data is concerned, the name of the recipient or the name of the planned storage period, etc.
2. Right of rectification in accordance with Art. 16 GDPR:
You have the right to demand immediate correction by the person who is responsible for your incorrect personal data. In consideration of the purposes of processing, you have the right to request the completion of incomplete personal data, even by means of a supplementary statement.
3. Right of cancellation (right to be “forgotten”) in accordance with Art. 17 GDPR:
You have the right to ask the person who is responsible for your data to delete those data immediately. The data controller is obligated to delete personal data immediately, provided that one of the following reasons applies:
- You have objected the data processing, provided that there is no other legal basis for the processing.
- The personal data have been obtained in relation to the services offered by the information society in accordance with Art. 8 (1).
- Your personal data were processed unlawfully.
- A deletion of personal data may be required in order to fulfil a legal obligation in accordance with the legislation of the European Union or the laws of the Member States to which the data controller is subject to within the framework of his duties.
- The purposes for which the personal data were collected are eliminated.
- You revoke your consent to the data processing, unless there is any other legal basis for the processing.
4. Right to the restriction of data processing in accordance with Art. 18 GDPR, § 35 FDPA:
You have the right to request a data processing restriction if one of the following conditions are met:
- You have filed an objection against the processing of data in accordance with Art. 21, Para 1 GDPR. However, as long as it is not clear whether the legitimate reasons of the person responsible prevail over you, the processing of data is restricted.
- The data processing is illegal, however, you do not want to have the data deleted.
- Personal data are no longer needed for the purposes of data processing. However, you need the data to assert, exercise or defend your own claims.
- You doubt the accuracy of the personal data.
5. Right to data portability in accordance with Art. 20 GDPR:
You have the right to receive the data provided by you from the person responsible in a structured, conventional and machine-readable format. We may not hinder the Forwarding of the data to another responsible person.
6. Right of objection in accordance with Art. 21 GDPR:
In this context, please contact the person responsible for the data processing.
7. Right of appeal to the supervisory authority in accordance with Art. 13, Para 2 (d), 77 GDPR in connection with § 19 FDPA:
If you think that the processing of your data violates with the GDPR, you have the right to file a complaint with the supervisory authority. For further information, please contact the competent supervisory authority.
8. Withdrawal of consentin accordance with Art. 7 (3) GDPR :
Is the processing of your data is based on your consent in accordance with Art. 6 (1) (a) or Art. 9, Para 2 (a) (Processing of special categories of personal data), you are at entitled at any time to withdraw the appropriately bound consent without affecting the lawfulness of the processing on the basis of the consent until the revocation has been communicated.
Privacy notice for applicants
Compulsory information in accordance with Art. 12 et seq. GDPR for applicants
by means of this data information declaration we herewith inform you in accordance with the General Data Protection Regulation (GDPR) valid as of 25th May 2018 on the collection and processing of your personal data within the context of the application procedure.
1. Who is responsible for the data processing?
Responsible for the data processing is ERSTE KAVIAR COMPANY EKC GmbH, Hauptstraße 49, 36166 Haunetal.
Our contact person is Mr. Denis Wischnakow, Managing Director, Hauptstraße 49, 36166 Haunetal, Phone #: +49 6673 208 3601, Email: firstname.lastname@example.org.
Our data protection officer:
Mr. Arthur Wischnakow, Hauptstraße 49, 36166 Haunetal, Phone #: +49 6673 208 3606, Email: email@example.com.
2. To what extent do we process your data?
As part of the application process, only those data are processed which you have been provided to us, such as application, CV and photograph.
3. What purpose does the data processing fulfil?
The collection of personal data from you is the basis for the participation in an application process, whereby the data provided should enable an assessment of the applicant’s suitability for the job to be filled.
Unfortunately, we are not able to consider your application in the application process without your personal data.
The legal basis for data processing when carrying out pre-contractual measures is based on Art. 6 I b GDPR.
4. Who receives your personal data as part of the processing?
Within our company, only the employees involved in the implementation of the application process receive your personal data.
In addition, a transmission of the relevant data in each individual case based on statutory provisions or contractual agreement with third parties may be possible. These can be contractors, such as IT service providers, shredding companies, tax consultants, etc.
5. How long will your data be stored?
The retention period of your data is at least as long as the period of your application process. In addition, we delete your data in case of a rejection no later than six months after your application has been rejected.
Upon a successful application, we will save the data in your personal file for further processing.
6. Are you committed to provide the data or is it necessary to provide them for other reasons?
As part of the application process, you only need to provide the data that is necessary for the application process and thus assessing the suitability for the vacant position. Without the provision of the data you are not able to participate in the application process. The transmission of this information is therefore absolutely necessary.
7. Is your data transmitted to a third country or to any international organisation?
Your data will be neither transmitted to any third countries nor international organisations.
8. Is there an automated decision-making, including profiling?
No, an automated decision making, including profiling, is not used.
9. Which rights do you have?
You have the following rights:
1) Right to information in accordance with Art. 15 GDPR
You have the right to be informed whether personal data are processed and, if so, for which purpose the data was collected, which category of personal data is concerned, the name of the recipient or the name of the planned storage period, etc.
2) Right of rectification in accordance with Art. 16 GDPR
You have the right to demand immediate correction of your incorrect personal data.
3) Right of cancellation in accordance with Art. 17 GDPR
You have the right to demand an immediate deletion of personal data if, for example, the purpose for which the data were collected has ceased, you have revoked your consent or objected the processing. This right is subject to the review of statutory exceptions or compliance with statutory retention requirements.
4) Right to restriction in accordance with Art. 18 GDPR
You have the right that personal data will not be processed during the period of review if the data subject denies the accuracy of the data or has filed an objection.
5) Right to data portability in accordance with Art. 20 GDPR
You have the right to receive the personal data in a structured, conventional and machine-readable format and, if necessary, to transmit this data to another data controller.
6) Right of objection in accordance with Art. 21 GDPR
You have the right to object to the processing of your personal data. In certain cases, you are entitled to object to lawful data processing, Art. 21 GDPR, § 36 FDPA. The legal consequence of a legitimate objection is that initially, a weighing of interests must take place. We may refuse the prohibition to process personal data, if we are able to demonstrate compelling legitimate grounds for the processing which prevail your rights, freedoms and/or interests or if the processing is for the purposes of assertion, exercising or defending legal claims.
The legal consequence of a successful contradiction is that we will no longer process your data. Please file your objection to our data protection officer at first.
For any other information requests, please also contact our data protection officer.
10. Where can you file a complaint?
If you think that the processing of your data violates the data protection law or your data protection claims have otherwise been violated in a way, you can also file a complaint with the Data Protection Authority.
You can reach our data protection officer at the address provided under item 1.