Instructions on Data Processing
1. Name and contact data of controller and of the data protection officer of the company
This data protection instruction is applicable to the data processing carried out by Behr – Hella Thermocontrol GmbH, Hansastrasse 40, 59557 Lippstadt (herein below: BHTC) as a controller under Art. 4, para. 7 of the General Data Protection Regulation (GDPR).
Data protection officer of BHTC may be found at the above specified address, to the attention of Mrs. Heike Busch, respectively, at firstname.lastname@example.org.
2. Collection and Storing of Personal Data and Means and Purpose, and Their Use
We eventually process your personal data if you are our client or contractor, you use our products or engage our services, if you are interested in our products or services, have an employment or other working relationship with any of our clients or contractors or if you work for anyone who uses our products or engages our services. In case that you work for someone, with whom we would like to form or advertise our products or services, we have received your data directly form you or from a third party.
Your personal data processed by us may include the following:
- addressing, given name, family name;
- name and contact data of your employer;
- address, e-mail, telephone number (landline and/or mobile number) as well as other (professional and/or private) contact details.
In addition, other types of your personal data are being eventually processed, namely:
- information that you personally have communicated to us during communication (e.g., via telephone or e-mail) or through our website;
- information that you personally have communicated to us in the course of using or delivery of products, which have been provided to us upon providing our services, upon filing of an order, signing up for an information bulletin or lodging an enquiry to us. This information is received as if you do that for you personally, as well as for your employer.
Within our relationship with you and also with your employer we process the following data:
Data from you that are necessary for the establishment of contact, the execution as well as the performance of a contract with you or with your employer.
- Information on events that is necessary to us for their conducting, as well as your data and preferences, as well as the data and preferences of the person accompanying you.
- Data that you provide upon your visit or which we receive eventually from other sources (as, for example, the entry of your name in the visitor list, your videotaping within our video surveillance, or the registration number of your automobile, if you use any of our parking lots).
Collection of such data is executed,
- in order to be able to identify you as our client, contractor or their associate;
- in order to be able to carry out with you and/or with your employer preparation and execution of contracts;
- in order to be able to receive your products/services;
- in order to send you information for our products/services (for example, via e-mail) or in order to be able to recommend you other products/services of our …, which may be of interest for you/ or for your employer upon taking your preferences into consideration.
3. Legal Basis for Processing
Data processing is carried out, on one hand, based on your consent (that may be withdrawn at any time), if such is required for the processing. Furthermore, processing of your personal data is carried out for the performance of a contract to which you are a party, or for the carrying out of pre-contractual arrangements upon your request. Legal basis for processing may also be a legal obligation, applicable to us, or if it is necessary for the pursuit of our legitimate interests or those of a third party, unless they are overridden by the interests or the fundamental rights of the data subject, which require the protection of the personal data.
4. Personal Data Storage Term
The personal data collected by us are stored until the respective purpose is fulfilled and after that they are erased, unless under Art. 6, para. 1, first hypothesis, letter c of GDPR, on the grounds of obligations for storing and documenting under the tax and commercial legal norms (by the Commerce Code, Penal Code or the Tax Code) we are obligated to store them for a longer period or you have provided consent for storing in excess of that on the grounds of Art. 6, para. 1, first hypothesis, letter a of GDPR.
5. Subsequent Transfer of your Data to Third Parties
Transfer of your data with purposes, different form the specified, is not effected. If it is necessary under Art. 6, para. 1, first hypothesis, letter b GDPR for fulfilling of the purposes of data processing your personal data are transferred subsequently to third parties. They include mainly enterprises that are in a relationship with us (concern members, therefore, main, subsidiary and/or sister companies), but also appropriate third parties as other our trading partners, clients, contractors or subcontractors, that undertake tasks in relation to a contract executed with you. Subsequent transfer of your data may also be made to lawyers, tax consultants or auditors. Upon transactions effected between enterprises your data may also be transferred to third parties. The data transferred should be used by the third party only for the specified purposes.
6. Data Subject’s Rights
You are entitled to:
- Pursuant to Art. 7, para. 3 of GDPR to withdraw at any time your consent given to us. As a result of that we shall not be able to process in the future the data processing which was based on that consent. The withdrawal may be sent via e-mail to email@example.com, as well as in writing to the address specified in section 1;
- Pursuant to Art. 15 GDPR to request information about your personal data processed by us. In particular, you may request information about the purposes of use, categories of personal data, categories of recipients to which the data has been disclosed or are disclosed, the envisaged period for which the data shall be stored, the right to request rectification, erasure, restriction of processing or withdrawal, or the right to lodge a complaint, the source of your data if they were not collected by us, as well as the existence of automated decision-making, including profiling, and meaningful information about their details. Your information request may be addressed via e-mail to firstname.lastname@example.org or in writing to the specified under point … address. In these cases we shall reserve the right to take measures to verify you identity;
- Pursuant to Art. 16 of GDPR to request immediate rectification of your incorrect data or the filing of your personal data stored with us;
- Pursuant to Art. 17 GDPR to request the erasure of your personal data stored with us, if the processing is not necessary for the exercise of the right of freedom of expression and information, for the execution of a legal obligation, for reasons of public interest or for the establishment, exercise or defense of legal claims;
- Pursuant to Art. 18 of GDPR to request restriction of the processing of your personal data, if the accuracy of processing is contested by you, the processing is unlawful, but you oppose the erasure of the data and we no longer need the personal data, but they are required by you for the establishment, exercise or defense of legal claim or you have objected to processing pursuant to Art. 21 GDPR;
- Pursuant to Art. 20 GDPR to receive your personal data, which you have provided to us by you, in a structured, commonly used and machine-readable format or to request the transmission to another controller, and
- Pursuant to Art. 77 GDPR to lodge a complaint before a supervisory authority. As a rule for that you may address the supervisory authority at your habitual residence or place of work or at the seat of our enterprise.
7. Right of Withdrawal
If your personal data are processed on the basis of legitimate interests under Art. 6, para. 1, first hypothesis, letter f of GDPR, you are entitled to object under Art. 21 GDPR to the processing of your personal data, if there are grounds for that relating to your particular situation.
In case you would like to make use of your right to object, an e-mail to email@example.com would suffice.