Privacy Policy

Privacy Statement DSGVO (GDPR)

Your privacy is important to us

Thank you for your interest in our company. Data protection is very important to us. A use of our internet pages is basically possible without any indication of personal data. However, if a user wishes to make use of special services of our company via our website, it may be necessary to process personal data. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the person concerned.

The processing of personal data, such as the name, address, e-mail address or telephone number of a person concerned, is always carried out in accordance with the Basic Data Protection Regulation and in accordance with the country-specific data protection regulations applicable to HellbergForm. By means of this data protection declaration, we would like to inform you about the type, scope and purpose of the personal data collected, used and processed by us. Furthermore, this data protection declaration will inform the persons concerned about their rights.

In the course of the Basic Data Protection Regulation, we have implemented further technical content measures in addition to the existing and listed data protection information in order to ensure the most complete possible protection of the personal data processed via this website. Nevertheless, Internet-based data transmissions can in principle have security gaps – absolute protection can therefore not be guaranteed. Alternatively, every user is free to transmit personal data to us by other means, e.g. by post or telephone.

1. name and address of the person responsible

The person responsible within the meaning of the Basic Data Protection Regulation and other national data protection laws of the member states as well as other provisions of data protection law is the Data Protection Officer:

Andreas Hellberg
Friedrich-Ebert-Straße 61
D-34119 Kassel, Germany
info@hellberg-form.com
Phone: Tel: +49 (0) 178 567 78 69

2. definitions of terms

The data protection declaration of HellbergForm is based on the terms used by the European directives and ordinances when the data protection basic ordinance (DSGVO/GDPR) was issued. It should be easy to read and understand both for the public and for our customers and business partners. For this reason, we would first like to explain the terms used in this data protection declaration:

Personal data
Personal data is any information relating to an identified or identifiable natural person (hereinafter „data subject“). A natural person shall be considered identifiable if he can be identified directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or one or more specific characteristics expressing the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.

Person affected
Data subject means any identified or identifiable natural person whose personal data are processed by the controller.

Processing
Processing“ means any operation or set of operations which is carried out with or without the aid of automated processes and which relates to personal data, such as collection, recording, organisation, sorting, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or association, qualification, erasure or destruction.

Restriction of processing
Limitation of processing is the marking of stored personal data with the aim of limiting their future processing.

Profiling
Profiling is any automated processing of personal data consisting of the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to the work performance, economic situation, health, personal preferences, interests, reliability, conduct, whereabouts or movement of that natural person.

Pseudonymisation
Pseudonymisation means the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the provision of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures ensuring that the personal data are not attributed to an identified or identifiable natural person.

Person responsible for the processing or person responsible for the processing
The controller or data controller is the natural or legal person, public authority, agency or other body which alone or jointly with others determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are laid down by Union law or by the law of the Member States, the controller or controllers may be designated in accordance with Union law or with the law of the Member States on the basis of specific criteria.

Processors
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

Receivers
The recipient is a natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not that person is a third party. However, authorities which may receive personal data in the course of a specific investigation task under Union law or the law of the Member States shall not be considered as recipients.

Third
Third party means any natural or legal person, public authority, agency or body other than the data subject, the controller, the processor and the persons authorised to process the personal data under the direct responsibility of the controller or processor.

Consent
Consent shall mean any voluntary, informed and unambiguous expression by the data subject of his or her will in the particular case, in the form of a statement or other unequivocal confirmatory act, indicating that he or she consents to the processing of his or her personal data.

3. collection of general data and information

(a) The scope of the processing of personal data

We process the personal data of our users only to the extent necessary to provide a functioning website as well as our content and services. The processing of personal data of our users takes place regularly only with the consent of the user. An exception applies in those cases in which it is not possible to obtain prior consent for actual reasons and the processing of the data is permitted by statutory provisions.

(b) Legal basis for the processing of personal data

Insofar as we obtain the consent of the data subject for processing personal data, Art. 6 § 1 lit. a EU Data Protection Basic Regulation (DSGVO (GDPR) serves as the legal basis.

Art. 6 § 1 lit. b DSGVO (GDPR) serves as the legal basis for the processing of personal data required for the performance of a contract to which the data subject is a party. This also applies to processing operations that are necessary for the implementation of pre-contractual measures.

If the processing of personal data is necessary to fulfil a legal obligation to which our company is subject, Art. 6 § 1 lit. c DSGVO serves as the legal basis.

In the event that vital interests of the data subject or another natural person necessitate the processing of personal data, Art. 6 § 1 lit. d DSGVO serves as the legal basis. If the processing is necessary to safeguard a legitimate interest of our company or a third party and if the interests, fundamental rights and fundamental freedoms of the data subject do not outweigh the first-mentioned interest, Art. 6 para. 1 lit. f DSGVO serves as the legal basis for the processing.

(c) Data erasure and storage period

The personal data of the person concerned will be deleted or blocked as soon as the purpose of storage no longer applies. In addition, the data may be stored if the European or national legislator has provided for this in Union regulations, laws or other provisions to which the person responsible is subject. The data shall also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless it is necessary for further storage of the data for the conclusion or performance of a contract.

(d) What data is collected?

The website of HellbergForm collects a series of general data and information each time a person concerned or an automated system accesses the website. These general data and information are stored in the log files of the server.

can be captured:

1. the browser types and versions used
2. the operating system used by the accessing system
3. the Internet page from which an accessing system accesses our Internet page (so-called referrer)
4. the sub-sites, which are accessed via an accessing system on our website
5. the date and time of access to the website
6. an Internet protocol address (IP address)
7. the Internet service provider of the accessing system
8. other similar data and information used to avert dangers in the event of attacks on our systems

When using this general data and information, we do not draw any conclusions about the person concerned. Rather, this information is needed to:

1. correctly deliver the content of our website
2. to optimise the content of our website and the advertising for it
3. to ensure the long-term operability of our information technology systems and the technology of our website
4. to provide law enforcement authorities with the information necessary for law enforcement in the event of a cyber attack. This is anonymous data and information. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.

An evaluation of the data for marketing purposes does not take place in this context. Our legitimate interest in data processing in accordance with Art. 6 § 1 lit. f DSGVO (GDPR) also lies in the explained purposes.

(e) Duration of storage

The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected. In the case of the collection of data to provide the website, this is the case when the session in question has ended.

If the data is stored in log files, this is the case after seven days at the latest. A storage going beyond this is possible. In this case the IP addresses of the users are deleted or alienated, so that an assignment of the calling client is no longer possible.

(f) The possibility of opposition and removal

The collection of data for the provision of the website and the storage of data in log files is mandatory for the operation of the website. Consequently, there is no possibility for the user to object.

4. Cookies

The Internet pages of HellbergForm use cookies. Cookies are text files that are stored in the Internet browser or by the Internet browser on the user’s computer system. When a user calls up a website, a cookie can be stored on the user’s operating system.

Many websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. This cookie contains a characteristic string of characters that enables the browser to be uniquely identified when the website is called up again. This enables the visited Internet pages and servers to distinguish the individual browser of the person concerned from other Internet browsers that contain other cookies. A particular Internet browser can be recognized and identified by its unique cookie ID.

Through the use of cookies, HellbergForm can provide users of this website with more user-friendly services that would not be possible without the setting of cookies.

(a) Reference to the use of cookies

When you visit our website, an information banner informs you about the use of cookies for analysis purposes and refers you to this privacy statement. In this context, there is also a reference to this data protection declaration, which explains under this point 4 how the storage of cookies in the browser settings can be prevented.

(b) Purpose of cookies

By means of a cookie, the information and offers on our website can be optimised in the interests of the user. Cookies enable us to recognize the users of our website. The purpose of this recognition is to make it easier for users to use our website. For example, the user of a website that uses cookies does not have to re-enter his access data each time he visits the website because this is taken over by the website and the cookie stored on the user’s computer system. Another example is the cookie of a shopping basket in the online shop. The online shop remembers the items that a customer has placed in the virtual shopping basket via a cookie.

(c) Legal basis for data processing with cookies

The legal basis for the processing of personal data using cookies is Art. 6 § 1 lit. f DSGVO (GDPR). The legal basis for the processing of personal data using technically necessary cookies is Art. 6 § 1 lit. f DSGVO (GDPR). The legal basis for the processing of personal data using cookies for analysis purposes is Art. 6 § 1 lit. a DSGVO (GDPR) if the user has given his consent.

(d) Duration of storage con cookies, possibility of opposition and removal

Cookies are stored on the user’s computer and transmitted to our site by the user. Therefore, you as a user have full control over the use of cookies. You can deactivate or restrict the transmission of cookies by changing the settings in your Internet browser. Cookies that have already been saved can be deleted at any time using an Internet browser or other software programs. This can also be done automatically. We would like to point out that in the event that cookies are deactivated for our website, it may no longer be possible to use all the functions of the website to their full extent.

5. SSL encryption

This site uses SSL encryption for security reasons and to protect the transmission of confidential content, such as requests you send to us as a site operator. You can recognize an encrypted connection by the fact that the address line of the browser changes from „http://“ to „https://“ and by the lock symbol in your browser line. If SSL encryption is activated, the data you transmit to us cannot be read by third parties.

6. Contact form and e-mail contact

(a) Description and scope of data processing

On the website of HellbergForm contact forms are available, which can be used for the electronic establishment of contact. If a user makes use of this possibility, the data entered in the input mask will be transmitted to us and stored. These data are first name and surname as well as the e-mail address of the user. Your consent will be obtained for the processing of the data as part of the sending process and reference will be made to this data protection declaration.

Alternatively, you can contact us via the e-mail address provided. In this case, the personal data of the user transmitted with the e-mail will be stored. The data will not be passed on to third parties in this context. The data will be used exclusively for the processing of the conversation.

(b) Legal basis for data processing

The legal basis for the processing of the data is Art. 6 § 1 lit. a DSGVO (GDPR) if the user has given his consent.

The legal basis for the processing of data transmitted in the course of sending an e-mail is Art. 6 § 1 lit. f DSGVO (GDPR). If the purpose of the e-mail contact is to conclude a contract, the additional legal basis for the processing is Art. 6 § 1 lit. b DSGVO (GDPR).

(c) Purpose of data processing

The processing of the personal data from the input mask serves us exclusively for the processing of the establishment of contact. In case of contacting us by e-mail, this also constitutes the necessary legitimate interest in the processing of the data.

The other personal data processed during the sending process serve to prevent misuse of the contact form and to ensure the security of our information technology systems.

(d) Duration of storage

The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected. For the personal data from the input mask of the contact form and those sent by e-mail, this is the case when the respective conversation with the user has ended. The conversation is terminated when it can be inferred from the circumstances that the relevant facts have been conclusively clarified.

The additional personal data collected during the sending process will be deleted after a period of seven days at the latest.

(e) Possibility of appeal and removal

The user has the possibility to revoke his consent to the processing of personal data at any time. If the user contacts us by e-mail, he can object to the storage of his personal data at any time. In such a case, the conversation cannot be continued.

The revocation of the consent and the contradiction of the storage is made possible by the responsible person in each case by the user sending us an e-mail with the subject „contradiction consent contact establishment“ and/or „contradiction storage contact establishment“ or informing us about it by telephone or post. All personal data stored in the course of contacting us will be deleted in this case.

7. Routine deletion and blocking of personal data

The controller shall process and store the personal data of the data subject only for the period of time necessary to achieve the storage purpose or where provided for by the European directive and regulation maker or another legislator in laws or regulations to which the controller is subject.

If the storage purpose no longer applies or if a storage period prescribed by the European directive and regulation giver or another competent legislator expires, the personal data shall be blocked or deleted routinely and in accordance with the statutory provisions.

8. Applications

Before we accept your application, we would like to point out that in order to carry out the application process, we need your personal data, which we will collect, process and use for this purpose in the further course of the procedure.

HellbergForm is responsible for this data processing under data protection law. Our entitlement to process your personal data for the purpose of the application procedure results from §26 Abs.1 Federal Data Protection Act (BDSG).

We assure you that your personal data will not be passed on to third parties. Within our company, your personal data will be processed exclusively by the personnel department and the responsible regional management. Your personal data will only be stored by us for as long as is necessary for the application process and for any subsequent employment relationship.

In case of a cancellation, we will delete your data within six months. We would like to point out that when processing your personal data you may be entitled to rights (in particular the right to information, correction, deletion, restriction of processing and data transfer) in accordance with Art. 15 to 18, 20 and 21 of the Basic Data Protection Regulation.

9. Rights of the data subject

If personal data is processed by you, you are affected in the sense of the DSGVO (GDPR), and you have the following rights vis-à-vis the person responsible.

(a) Right to confirmation

Every data subject shall have the right, granted by the European directive and regulation maker, to obtain from the controller confirmation as to whether personal data relating to him or her are being processed. If a data subject wishes to exercise this right of confirmation, he or she may at any time contact an employee of the controller.

(b) Right to information

You can request confirmation from the person responsible as to whether personal data relating to you will be processed by us. In the event of such processing, you may request the following information from the data controller:

1. the purposes for which the personal data are processed
2. the categories of personal data to be processed
3. the recipients or categories of recipients to whom the personal information about you has been or will be disclosed
4. the planned duration of the storage of personal data concerning you or, if this is not possible, criteria for determining the storage period
5. the existence of a right to rectify or erase personal data concerning you, a right to limit the processing by the controller or a right to object to such processing
6. the existence of a right of appeal to a supervisory authority
7. all available information on the origin of the data, if the personal data are not collected from the data subject
8. the existence of automated decision-making including profiling in accordance with Article 22(1) and (4) DSGVO (GDPR) and – at least in these cases – meaningful information on the logic involved and the scope and intended effects of such processing for the data subject

You also have the right to request information as to whether the personal data concerning you will be transferred to a third country or to an international organisation. In this context, you may request to be informed of the appropriate guarantees pursuant to Art. 46 DSGVO (GDPR) in connection with the transfer.

(c) Right to rectification

You have the right to have your personal data corrected and/or completed by the data controller if the personal data processed concerning you is inaccurate or incomplete. The data controller must carry out the rectification immediately.

(d) Right to limitation of processing

Under the following conditions, you may request that the processing of your personal data be restricted:

1. if you dispute the accuracy of the personal data concerning you for a period of time which allows the controller to verify the accuracy of the personal data
2. the processing is unlawful and you refuse to delete the personal data and instead request the restriction of the use of the personal data
3. the controller no longer needs the personal data for the purposes of processing, but you need them to assert, exercise or defend legal claims, or
4. if you have lodged an objection against the processing pursuant to Art. 21 § 1 DSGVO (GDPR) and it has not yet been determined whether the legitimate reasons of the data controller outweigh your reasons

Where the processing of personal data concerning you has been restricted, such data may not be processed, with the exception of their storage, without your consent or for the purpose of asserting, exercising or defending rights or protecting the rights of another natural or legal person or for reasons of an important public interest of the Union or of a Member State.

If the processing restriction has been limited in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.

(e) Right to cancellation

You may request the data controller to delete the personal data concerning you immediately and the data controller is obliged to delete this data immediately if one of the following reasons applies:

1. the personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed
2. you revoke your consent on which the processing pursuant to Art. 6 para. 1 lit. a or Art. 9§ 2 lit. a DSGVO (GDPR) was based and there is no other legal basis for the processing
3. you object to the processing pursuant to Art. 21 § 1 DSGVO (GDPR) and there are no overriding legitimate reasons for the processing or you object to the processing pursuant to Art. 21 § 2 DSGVO (GDPR)
4. the personal data concerning you have been processed unlawfully
5. the deletion of personal data concerning you is necessary in order to fulfil a legal obligation under Union law or the law of the Member States to which the data subject is subject
6. the personal data relating to you have been collected in relation to services offered by the information society pursuant to Art. 8 § 1 DSGVO (GDPR)

(f) Information to third parties

If the person responsible has made the personal data concerning you public and is obliged to delete them in accordance with Art. 17 § 1 DSGVO (GDPR), he shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform the persons responsible for data processing who process the personal data that you, as the person concerned, have requested them to delete all links to this personal data or copies or replications of this personal data.)

(g) Exceptions

The right to deletion does not exist insofar as processing is necessary:

1. the exercise of the right to freedom of expression and information
2. to fulfil a legal obligation which the processing requires under the law of the Union or of the Member States to which the controller is subject or to perform a task carried out in the public interest or in the exercise of official authority vested in the controller
3. for reasons of public interest in the field of public health pursuant to Article 9(2)(h) and (i) and Article 9(3) DSGVO (GDPR)
4. for archival purposes in the public interest, scientific or historical research purposes or for statistical purposes pursuant to Art. 89 para. 1 DSGVO (GDPR), insofar as the law referred to under e) is likely to make it impossible or seriously impair the attainment of the objectives of such processing, or
5. to assert, exercise or defend legal claims

(h) Right to information

If you have exercised your right to rectify, cancel or limit the processing of your personal data against the controller, the latter is obliged to notify all recipients to whom the personal data concerning you have been disclosed of such rectification, cancellation or limitation, unless this proves impossible or involves a disproportionate effort. You have the right to be informed of such recipients by the data controller.

(i) Right to data portability

You have the right to receive the personal data concerning you that you have provided to the responsible person in a structured, common and machine-readable format. In addition, you have the right to communicate these data to another data controller without being hindered by the controller to whom the personal data were provided, provided that:

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

In exercising this right, you also have the right to request that the personal data concerning you be transmitted directly by one responsible person to another responsible person, insofar as this is technically feasible. Freedoms and rights of other persons must not be affected by this.

The right to data transfer does not apply to the processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

(j) Right of objection

You have the right, for reasons arising from your particular situation, to object at any time to the processing of your personal data on the basis of Art. 6 § 1 lit. e or f DSGVO (GDPR); this also applies to profiling based on these provisions.

The person responsible will no longer process the personal data concerning you unless he can prove compelling grounds for processing worthy of protection which outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.

If the personal data concerning you are processed for the purpose of direct marketing, you have the right to object at any time to the processing of the personal data concerning you for the purpose of such advertising; this also applies to profiling insofar as it is connected with such direct marketing.

If you object to processing for direct marketing purposes, the personal data concerning you will no longer be processed for such purposes.

You have the possibility to exercise your right of objection through automated procedures using technical specifications in connection with the use of Information Society services, notwithstanding Directive 2002/58/EC.

(k) Right to revoke the declaration of consent under data protection law

You have the right to revoke your declaration of consent under data protection law at any time. The revocation of your consent does not affect the legality of the processing carried out on the basis of your consent until you revoke it.

(l) Automated case-by-case decision, including profiling

You have the right not to be subject to any decision based solely on automated processing, including profiling, that has any legal effect on you or similarly significantly affects you. This does not apply if the decision:

1. is necessary for the conclusion or performance of a contract between you and the person responsible
2. is authorised by legislation of the Union or of the Member States to which the person responsible is subject and that legislation contains adequate measures to safeguard your rights and freedoms and your legitimate interests; or
3. with your express consent.

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

With regard to the cases referred to in (1) and (3), the person responsible shall take appropriate measures to protect the rights and freedoms as well as your legitimate interests, including at least the right to obtain the intervention of a person on the part of the person responsible, to state his own position and to challenge the decision.

(m) The right to complain to a supervisory authority

Without prejudice to any other administrative or judicial remedy, you shall have the right to complain to a supervisory authority, in particular in the Member State of your residence, place of work or place of presumed infringement, if you consider that the processing of your personal data is in breach of the DSGVO (GDPR).

The supervisory authority with which the complaint was lodged shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Article 78 DSGVO (GDPR).

Status: October 2019