Privacy Notice

1. OUR COMMITMENT TO DATA PROTECTION
   

 

Bernd Richter GmbH, Hansestraße 2-4, 51688 Wipperfürth (“Bernd Richter GmbH“, “we“, “us“, “our“), takes its responsibility for data protection and information security very seriously. The careful handling of all personal data is a core part of our business and the basis for our procedures and operations. We protect your privacy and your private data. We collect, process and use your personal data only in accordance with the content of this Privacy Notice and the applicable data protection laws, in particular the EU General Data Protection Regulation (“GDPR“) and the German Federal Data Protection Act (“BDSG“).

 

With this privacy notice we would like to inform you about the processing of your personal data in connection with your visit and use of this website as well as contacting us and using our services.

 

This Privacy Notice does not exempt from complying with, nor does it supersede, the requirements of any respectively applicable law. In the event of any conflict between any provision or regulation of applicable law and any provision of this Privacy Notice, the former shall prevail.

 

2. DATA CONTROLLER

 

Unless otherwise specified below, the data controller for the processing of your personal data is Bernd Richter GmbH, Hansestraße 2-4, 51688 Wipperfürth, Germany.

 

3. VISIT TO OUR WEBSITE

 

In this section we inform you about the processing of personal data in connection with your visit to our website and its use.

 

3.1 OUR WEBSITE

 

For what purposes do we process your data?

When you visit our website, your browser will contact our web server to find the page you want to visit. In this context, personal data such as your IP address will be transmitted to us by your browser (i.e. HTTP/S requests). The connection data is processed by our web server to enable access to and display of our website.

 

Our web server automatically stores a log of the pages you visit (known as “log files” or “session logs“). We use these log files to ensure the security of our website, in particular to prevent unauthorised intrusions into our website and to enable us to exercise our legal rights and obligations in relation to such unauthorised intrusions.

 

We also analyse session logs to help us optimize our website.

The legal basis for processing your data when surfing our website usually depends on the purpose of your visit. Insofar as you wish to inform yourself about our offers on our website and, if applicable, contact us in this regard, the legal basis is Art. 6 para. 1 lit. b GDPR (initiation of a contract). For general information purposes, the legal basis is our legitimate interest in operating a website for general information and communication purposes and for presenting our company, as well as your legitimate interest in viewing it (Art. 6 para. 1 lit. f GDPR). The processing of log files is based on our legitimate interests pursuant to Art. 6 para. 1 lit. f GDPR. Our legitimate interest is to protect our facilities and systems from attacks and, if necessary, to take legal action against attackers, as well as to further develop our websites for economic purposes.

 

To whom is your data transferred or who is involved in the processing of your data?

Our IT staff has access to log files and will share them with our internal and external recipients, including the appropriate authorities, as necessary to exercise our legal rights regarding unauthorized intrusions into our website.

 

Our website is hosted by ORICOM (ORICOM Internet Service Provider, Schrobsdorffstraße 5, 12623 Berlin, Germany), which acts as a service provider for hosting services on our behalf (acting as processor within the meaning of Art. 28 GDPR).

 

Will your data be transferred to a third country or an international organisation?

No, your data will not be transferred to a third country or an international organisation. 

 

 

3.2 WE USE COOKIES AND OTHER TECHNOLOGIES      

 

What are cookies?

Cookies are generally small text files that are stored in your computer’s browser directory or subfolders during your visit to our website, either for the duration of your visit or in case you visit our website again at a later date. Cookies allow our website to retrieve or store information about you, your preferences or your device from your browser. They are mainly used to provide the expected functionality of the website. As a rule, cookies do not contain information that could directly identify you. However, they allow us to provide you with a personalized web experience. 

 

We distinguish between

 

• essential cookies and technologies that are necessary for the presentation of the website, and

• cookies and technologies requiring consent, e.g. for performance and marketing purposes.

 

Which cookies and technologies do we use on the website and for what purpose?

We currently use essential cookies on our website that allow us to display the website in its current form. 

 

In addition, we also use cookies and technologies that require consent, e.g. Google Analytics (provider: Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland).

 

On what legal basis do we process your data?

The legal basis for the setting of and access to the data stored via essential cookies or technologies and the processing of personal data associated with these cookies/technologies is Art. 6 para. 1 lit. f GDPR. In this case, the data processing serves our legitimate interest to enable our users to visit our website and to promote our business. 

 

We only use cookies/technologies that require consent if and insofar as you have given us your prior consent for this via our cookie banner. The legal basis for cookies/technologies requiring consent is Art. 6 para. 1 lit. a GDPR.

You can revoke your consent at any time with effect for the future.

 

To whom is your data transferred or who is involved in the processing of your data?

The data is processed on a case-by-case basis by service providers (in particular providers of the cookies and technologies) acting as processors on our behalf (Art. 28 GDPR).

 

Will your data be transferred to a third country or an international organisation?

Our processors may process your data among other places in third countries. 

 

However, the protection of your data in accordance with Art. 44 et seq. GDPR is ensured.

 

Is there an obligation for you to provide your personal data and what happens if you decide not to?

 

Who is the responsible controller for data processing?

We maintain presences on social media and other platforms (e.g. LinkedIn, XING). For data processing in this context, the respective platform provider is primarily responsible under data protection law as data controller. Information about data processing can be found in the respective data protection statements of the platform providers.

 

Bernd Richter GmbH acts as data controller under data protection law (if applicable, in joint controllership with the social media provider) for the following processing:

 

• Evaluation of statistics on the usage behaviour of visitors. However, this data is usually only available to us in anonymised form.

• Interacting with our social media team or responding to our posts (e.g. through comments, likes, etc.).

 

For what purposes is personal data processed?

When you visit our websites – regardless of whether you are logged in – the respective platform provider collects personal user data (usage data), some of which is shared with us in the form of user statistics. However, we do not have full access to collected data or your profile data.

For example, the following information may be provided to us anonymously: 

• followers/fans etc.: Development of the number of people who follow our company.

• reach: e.g. number of people who see a specific post. 

• ad performance (if relevant): How many people have seen an ad?

• demographics: average age of visitors, gender, place of residence, language.

However, we cannot draw any conclusions about individual users from the usage data. Statistics are only used to improve the online offer on our websites and to better respond to user interests. 

 

If you interact with us via our presences on social media or other platforms, e.g. by commenting on posts or sending us a message, the corresponding contents of the interaction will be processed by us. In addition, we may be able to see the public information of your profile, which you can usually manage yourself. 

 

On what legal basis do we process your data?

Insofar as we process your usage data, we believe that this serves legitimate interests pursuant to Art. 6 para. 1 lit. f GDPR. Our legitimate interest is to strengthen our presence on social networks to promote our business purposes. Among other things, this improves our customer service, ensures effective information for our users and up-to-date communication, promotes our business purposes through advertising opportunities and addresses potential applicants.

 

If you communicate directly with us via our social media presences, the legal basis for processing your data depends on the specific purpose of the exchange. Art. 6 para. 1 lit. b GDPR applies insofar as the exchange is related to the initiation or performance of a contract with you. Otherwise, Art. 6 para. 1 lit. f GDPR (our legitimate interest to conduct business correspondence or e.g. to answer inquiries regarding data protection) will apply in most cases.

 

To whom is your data transferred or who is involved in the processing of your data?

Your data will only be used or forwarded internally by the respective responsible persons. For information on who is involved in the processing of the data at the respective platform provider, please refer to the privacy notice of the respective platform provider.

 

Will your data be transferred to a third country or an international organisation?

In connection with our presence on social media and other platforms, we only transfer your personal data to a third country in exceptional cases, provided that a forwarding, e.g. to employees in the USA, is necessary to answer your inquiry. 

 

It is possible that a platform provider connects to servers in third countries (e.g. USA) as part of its services and transmits your personal data there. You will find information on this in the privacy notice of the respective platform provider.

 

How long will your data be stored?

In connection with our presence on social media and other platforms, we generally do not store any personal data on the servers we use, except in the above-mentioned cases in which we process your information internally (especially direct communication). In these cases, the data is usually deleted when it is no longer required for the implementation of your request and, if applicable, upon expiry of any additional statutory retention periods (e.g. up to 10 years in accordance with the German Commercial Code or the German Fiscal Code). 

 

As a rule, we also do not have access to the data stored by the respective platform. For more information on the storage of your personal data by the platform provider itself, please refer to the privacy notice of the respective platform provider.

 

Is there an obligation for you to provide your personal data and what happens if you decide not to?

You are not obliged to provide your personal data. Without processing your personal data, however, visiting our presences on social media or other platforms is not possible or only possible to a limited extent.

 

5. CONTACT AND COMMUNICATION

 

In this section of our privacy notice, we would like to inform you about the processing of personal data in connection with the communication between you and us. We also provide information on how we ensure compliance with the GDPR (and other data protection regulations with the same effect).

 

For what purposes do we process your data?

You have the option of contacting us by e-mail, for example, and sending us questions, suggestions or comments. In addition, there is the possibility of contacting us via contact form on our website. In doing so, we process your personal data that is required for communication with you (“communication data“), e.g. name, address, e-mail, telephone number as well as the content of the communication. 

 

The communication data will be processed in order to handle the contact and for any queries. In addition, a comparison is made as to whether you or your company is included on the list of persons and organisations against which embargo measures have been imposed or whether a country embargo applies. Furthermore, your communication data may be processed if we are subject to legal reporting obligations.

 

On what legal basis do we process your data?

The processing of your communication data is based on Art. 6 para. 1 lit. b GDPR, insofar as the exchange is related to the initiation or performance of a contract with you. In addition, the examination of a possible embargo as well as a possible notification, e.g. to authorities, is carried out on the basis of Art. 6 para. 1 c GDPR (compliance with legal obligations). Otherwise, the legal basis depends on the specific purpose of the exchange. In most cases, Art. 6 para. 1 lit. f GDPR (our legitimate interest to conduct business correspondence or to communicate with customers or e.g. to answer inquiries regarding data protection) will apply.

 

To whom is your data transferred or who is involved in the processing of your data?

The communication data will only be processed by the internally responsible employees and will not be passed on. Exceptionally, your request may be forwarded within our corporate group. On a case-by-case basis, we involve service providers as processors on our behalf (Art. 28. GDPR).

 

Will your data be transferred to a third country or an international organisation?

We will only transfer your communication data to a third country in exceptional cases, if a forwarding within our group or within a company of our group, e.g. to employees in the USA, is necessary to answer your inquiry. Our processors may also process your data in third countries, among other places. However, we take special measures to protect your data in accordance with Art. 44 et seq. GDPR.

 

How long will your data be stored?

Your personal data will be deleted if it is no longer required for communication with you. If necessary, the data will be stored for a longer period of time on the basis of Art. 6 Para. 1 lit. c GDPR in conjunction with the applicable statutory retention periods (in particular according to commercial and tax law). In the case of business correspondence, this is usually six years after the end of the year in which it was received.

 

Is there an obligation for you to provide your data and what happens if you decide not to?

You are not obliged to provide us with your personal data. However, we need the relevant data to contact you and respond to your request.

 

6. APPLICATIONS

 

In this section of our privacy notice, we would like to inform you about the processing of personal data in the context of an application procedure. We also provide information on how we ensure compliance with the GDPR (and other applicable data protection regulations with the same effect).

 

For what purposes do we process your data?

In the case of an application, we process in particular the applicant data provided by you, such as:

 

• name, date of birth and contact details,

• education, qualifications, credentials,

• further data from applicant form (esp. notice periods, salary requirement),

• nationality, work permit, and/or

• previous employers.

 

We use and store your applicant data for the initiation of an employment relationship, i.e. in particular for:

 

• the assessment and selection of candidates,

• preparing and conducting personal, telephone interviews,

• the evaluation and assessment of the results of these interviews, 

• initiation of contact with the purpose of making a verbal offer, discussing a rejection or consulting on questions that remain unanswered, 

• the consideration of your profile for vacancies for which you have not specifically applied, and/or

• other needs in the recruitment process, and

• the subsequent implementation of the employment relationship, if applicable.

 

We carry out pre-employment checks on a case-by-case basis. We may obtain information from your previous employers or other relevant contacts as required by applicable employment law.

 

In addition, we process your data in order to comply with legal obligations that require your data to be processed and, in some cases, also to be passed on. These are in particular obligations of retention (arising in particular from social insurance, commercial and tax law) and obligations to report.

 

We also process your personal data in individual cases to protect our legitimate interest in defending ourselves against asserted legal claims (e.g. under the General German Act on Equal Treatment – “AGG”).

 

On what legal basis do we process your data?

The legal basis for the processing of data for the purpose of initiating an employment relationship is Section 26 para. 1 sentence 1 BDSG.

 

The legal basis for the processing of your application data for the fulfilment of legal obligations is Art. 6 para. 1 lit. c GDPR in conjunction with special legal facts (e.g. protection of social data, storage obligations according to §§ 257 German Commercial Code – “HGB”, 147 German Fiscal Code – “AO”). 

 

Insofar as we process data on the basis of our legitimate interest in defending ourselves against asserted legal claims, Art. 6 para. 1 lit. f GDPR is the legal basis.

 

To whom is your data transferred or who is involved in the processing of your data?

The applicant data will only be processed by the internally responsible employees and will not be passed on. Exceptionally, your application may be forwarded within our corporate group. 

 

In some cases, we also involve service providers as processors on our behalf (Art. 28 GDPR). In addition, we transmit your personal data to other recipients if there is a legal obligation to notify, for example to the authorities.

 

Will your data be transferred to a third country or an international organisation?

We will only transfer your applicant data to a third country in exceptional cases, insofar as a forwarding within our corporate group or within a company of our corporate group, e.g. to employees in the USA, is necessary in order to consider your application. Our processors may also process your data in third countries, among other places. However, we take special measures to protect your data in accordance with Art. 44 et. seq. GDPR.

 

How long will your data be stored?

Your applicant data will be stored for the duration of the examination of your application and deleted after 180 days at the latest, unless a longer storage is permitted or required on the basis of another legal basis (e.g. to exercise our statutory rights or to comply with applicable law). In the event of employment, the data will be further processed by us as employee data.

 

Is there an obligation for you to provide your data and what happens if you decide not to?

The provision of your data is necessary for a possible conclusion of a contract with us. You are not legally or contractually obliged to provide us with your data. However, since we require information about you in our application process, the possible consequence of not providing it is that we cannot give you sufficient consideration as an applicant.

 

7. YOUR RIGHTS

 

If you are a natural person and your personal data is processed by Bernd Richter GmbH, you have certain rights. These rights are listed below together with a brief, non-exhaustive explanation.

 

If you have any questions about this Privacy Notice or wish to exercise any of your rights, please contact us using the contact details below. In order to protect your rights and privacy and to verify any notifications we receive in relation to this Privacy Notice, we may request confirmation or proof of your identity.

 

Your rights

 

Content und Scope of these rights

 

The right to object to the processing.

You have the right to object to the processing of your personal data in certain cases.

 

Right to information

You have the right to be informed whether and, if so, to what extent we process your data.

 

Right to rectification

If the personal data we process is incomplete or inaccurate, you have the right to request that the data be completed or corrected at any time.

 

The right to erasure (“right to be forgotten”)

Subject to certain exceptions, you have the right to request the erasure of all or some of your personal data if you consider that processing should cease. However, there may well be reasons why immediate erasure is not possible (for example, where retention is required by legal or regulatory obligations).

 

The right to restriction of processing

You are entitled to request that we restrict the processing of your personal data in certain cases:

 

• If you dispute the accuracy of your personal data, you may request that its processing be restricted while we verify its accuracy.

• If the processing of your personal data is deemed to be unlawful but you object to erasure of your personal data.

• If we no longer need the data for the purposes of its processing but you need it for the assertion, exercise or defence of legal claims.

• If you object to our processing of your data on the basis of our legitimate interests.

 

The right to data portability

If the processing is based on your consent or a contract and is automated, you have the right to request that we provide your personal data in a machine-readable format.

 

Rights in relation to automated decisions and profiling

You have the right to object to decisions based solely on the automated processing of your personal data.

 

The right to withdraw your consent

If your personal data is processed on the basis of your consent, you have the right to revoke your consent at any time with effect for the future. The revocation of your consent does not affect the lawfulness of the processing based on your consent until your revocation.

 

If you wish to exercise your rights, please contact us using the contact below:

 

Bernd Richter GmbH         
Data Protection Officer,     
Hansestraße 4        
51688 Wipperfürth 
datenschutz@bernd-richter-gmbh.com
Tel.: 02267/881980

 

Furthermore, you have the possibility to address complaints to the responsible supervisory authority. For Bernd Richter GmbH, this is the North Rhine-Westphalia Commissioner for Data Protection and Freedom of Information (P.O. Box 200444, 40102 Düsseldorf, poststelle@ldi.nrw.de, Tel.: 0211/384240, Fax: 0211/38424-999).

 

If you have any questions or comments on data protection matters, you can also contact our above-mentioned data protection officer at any time at the email address datenschutz@bernd-richter-gmbh.com.