This data protection declaration explains the type, scope and purpose of the processing of personal data (hereinafter referred to as “data”) within our online offer and the associated websites, functions and content as well as external online presences, such as our social media profile (hereinafter collectively referred to as “online offer”). With regard to the terms used, such as “processing” or “person responsible”, we refer to the definitions in Art. 4 of the General Data Protection Regulation (GDPR).
Dr. Dieter Sommer / Sommertec GmbH
65719 Hofheim am Taunus, Germany
Types of data processed
Managing Director Dr. Dieter Sommer
- Inventory data (e.g., names, addresses).
- Contact details (e.g., email, phone numbers).
- Content data (e.g., text input, photographs, videos).
- Usage data (e.g. websites visited, interest in content, access times).
- Meta / communication data (e.g., device information, IP addresses).
Categories of data subjects
Purpose of processing
Visitors and users of the online offer (in the following we also refer to the persons concerned collectively as “users”).
- Provision of the online offer, its functions and content.
- Answering contact inquiries and communicating with users.
- Safety measures.
- Reach measurement / marketing
“Personal data” is all information that relates to an identified or identifiable natural person (hereinafter “data subject”); A natural person is regarded as identifiable who can be identified directly or indirectly, in particular by means of assignment to an identifier such as a name, an identification number, location data, an online identifier (e.g. cookie) or one or more special features, which express the physical, physiological, genetic, psychological, economic, cultural or social identity of this natural person.
“Processing” is any process carried out with or without the aid of automated processes or any such series of processes in connection with personal data. The term goes far and includes practically every handling of data.
“Pseudonymization” the processing of personal data in such a way that the personal data can no longer be assigned to a specific data subject without the use of additional information, provided that this additional information is stored separately and is subject to technical and organizational measures that ensure that the personal data cannot be assigned to an identified or identifiable natural person.
“Profiling” means any type of automated processing of personal data that consists of using this personal data to evaluate certain personal aspects relating to a natural person, in particular aspects relating to work performance, economic situation, health, personal To analyze or predict the preferences, interests, reliability, behavior, whereabouts or relocation of this natural person.
“Responsible” is the natural or legal person, authority, institution or other body that alone or jointly with others decides on the purposes and means of processing personal data.
“Processor” means a natural or legal person, authority, institution or other body that processes personal data on behalf of the person responsible.
Relevant legal bases
In accordance with Art. 13 GDPR, we will inform you of the legal basis for our data processing. If the legal basis is not mentioned in the data protection declaration, the following applies: The legal basis for obtaining consent is Article 6 Paragraph 1 lit. Answering inquiries is Art. 6 Para. 1 lit.b GDPR, the legal basis for processing to fulfill our legal obligations is Art. 6 Para. 1 lit.c GDPR, and the legal basis for processing to safeguard our legitimate interests is Art . 6 para. 1 lit.f GDPR. In the event that vital interests of the data subject or another natural person require the processing of personal data, Article 6 (1) (d) GDPR serves as the legal basis.
In accordance with Art. 32 GDPR, taking into account the state of the art, the implementation costs and the type, scope, circumstances and purposes of processing as well as the different probability of occurrence and severity of the risk for the rights and freedoms of natural persons, we make suitable technical and organizational measures to ensure a level of protection appropriate to the risk.
The measures include, in particular, securing the confidentiality, integrity and availability of data by controlling physical access to the data, as well as the access, input, transfer, ensuring availability and their separation. Furthermore, we have set up procedures that ensure the exercise of data subject rights, deletion of data and reaction to data threats. Furthermore, we already consider the protection of personal data during the development or selection of hardware, software and procedures, in accordance with the principle of data protection through technology design and data protection-friendly default settings (Art. 25 GDPR).
Cooperation with contract processors and third parties
If we disclose data to other persons and companies (contract processors or third parties) as part of our processing, transmit them to them or otherwise grant them access to the data, this is only done on the basis of legal permission (e.g. if the data is transmitted to third parties, such as to payment service providers, according to Art. 6 Paragraph 1 lit.
If we commission third parties to process data on the basis of a so-called “order processing contract”, this is done on the basis of Art. 28 GDPR.
Transfers to third countries
If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this happens in the context of the use of third-party services or disclosure or transmission of data to third parties, this will only take place if it happens to fulfill our (pre) contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process or have the data processed in a third country only if the special requirements of Art. 44 ff. GDPR are met. This means that processing takes place, for example, on the basis of special guarantees, such as the officially recognized determination of a data protection level corresponding to the EU (e.g. for the USA through the “Privacy Shield”) or compliance with officially recognized special contractual obligations (so-called “standard contractual clauses”).
Rights of the data subjects
You have the right to request confirmation as to whether the data in question is being processed and to request information about this data as well as further information and a copy of the data in accordance with Art. 15 GDPR.
You have accordingly. Art. 16 GDPR the right to request the completion of the data concerning you or the correction of the incorrect data concerning you.
In accordance with Art. 17 GDPR, you have the right to demand that the relevant data be deleted immediately or, alternatively, in accordance with Art. 18 GDPR, to request a restriction on the processing of the data.
You have the right to request that you receive the data concerning you that you have provided to us in accordance with Art. 20 GDPR and to request that it be transmitted to other responsible parties.
In accordance with Art. 77 GDPR, you also have the right to lodge a complaint with the competent supervisory authority
Right of withdrawal
You have the right to revoke your consent in accordance with Art. 7 Paragraph 3 GDPR with effect for the future
Right to object
You can object to the future processing of your data in accordance with Art. 21 GDPR at any time. The objection can in particular be made against processing for direct marketing purposes.
Cookies and right to object to direct mail
“Cookies” are small files that are stored on the users’ computers. Various information can be stored within the cookies. A cookie is primarily used to store information about a user (or the device on which the cookie is stored) during or after their visit to an online offer. Temporary cookies, or “session cookies” or “transient cookies”, are cookies that are deleted after a user leaves an online offer and closes his browser. Such a cookie can, for example, store the content of a shopping cart in an online shop or a login status. Cookies are referred to as “permanent” or “persistent” and remain stored even after the browser is closed. For example, the login status can be saved if users visit it after several days. The interests of the users can also be stored in such a cookie, which are used for range measurement or marketing purposes. “Third-party cookies” are cookies that are offered by providers other than the person responsible for operating the online offer (otherwise, if they are only their cookies, they are referred to as “first-party cookies”).
We can use temporary and permanent cookies and clarify this in the context of our data protection declaration.
If users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in the system settings of their browser. Saved cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online offer.
Deletion of data
The data processed by us will be deleted or restricted in their processing in accordance with Art. 17 and 18 GDPR. Unless expressly stated in this data protection declaration, the data stored by us will be deleted as soon as it is no longer required for its intended purpose and the deletion does not conflict with any statutory retention requirements. If the data is not deleted because it is required for other legally permissible purposes, its processing will be restricted. This means that the data is blocked and not processed for other purposes. This applies, for example, to data that must be kept for commercial or tax reasons.
According to legal requirements in Germany, the storage takes place in particular for 10 years according to §§ 147 Abs. 1 AO, 257 Abs. 1 Nr. 1 and 4, Abs. 4 HGB (books, records, management reports, accounting documents, trading books, more relevant for taxation Documents, etc.) and 6 years according to § 257 Paragraph 1 No. 2 and 3, Paragraph 4 HGB (commercial letters).
According to legal requirements in Austria, the storage takes place in particular for 7 years in accordance with § 132 para. 1 BAO (accounting documents, receipts / invoices, accounts, receipts, business papers, list of income and expenses, etc.), for 22 years in connection with real estate and for 10 years for documents in connection with electronically provided services, telecommunications, radio and television services that are provided to non-entrepreneurs in EU member states and for which the mini-one-stop-shop (MOSS) is used.
Data protection information in the application process
We process the applicant data only for the purpose and within the scope of the application process in accordance with the legal requirements. The processing of the applicant data takes place in order to fulfill our (pre) contractual obligations within the scope of the application procedure within the meaning of Art. 6 Paragraph 1 lit. b. GDPR Art. 6 Paragraph 1 lit.f.
The application process requires that applicants provide us with the applicant data. If we offer an online form, the necessary applicant data is marked, otherwise it results from the job description and generally includes personal details, postal and contact addresses and the documents belonging to the application, such as cover letter, curriculum vitae and certificates. In addition, applicants can voluntarily provide us with additional information.
By submitting the application to us, the applicants consent to the processing of their data for the purposes of the application process in accordance with the type and scope set out in this data protection declaration.
Insofar as special categories of personal data within the meaning of Art. 9 Paragraph 1 GDPR are voluntarily communicated during the application process, they are also processed in accordance with Art. 9 Paragraph 2 lit. b GDPR (e.g. health data, such as severely disabled status or ethnic origin) . Insofar as special categories of personal data within the meaning of Art. 9 Paragraph 1 GDPR are requested from applicants during the application process, they are also processed in accordance with Art. 9 Paragraph 2 lit. are).
If made available, applicants can submit their applications to us using an online form on our website. The data is encrypted and transmitted to us in accordance with the state of the art.
Applicants can also send us their applications via email. Please note, however, that e-mails are generally not sent in encrypted form and that the applicants themselves must ensure that they are encrypted. We can therefore not assume any responsibility for the transmission path of the application between the sender and receipt on our server and therefore recommend using an online form or sending it by post. Because instead of applying via the online form and email, applicants still have the option of sending us their application by post.
The data provided by the applicants can be further processed by us in the event of a successful application for the purposes of the employment relationship. Otherwise, if the application for a job offer is unsuccessful, the applicant’s data will be deleted. The applicant’s data will also be deleted if an application is withdrawn, which applicants are entitled to do at any time.
The deletion takes place, subject to a justified revocation of the applicants, after the expiry of a period of six months so that we can answer any follow-up questions about the application and meet our obligations to provide evidence under the Equal Treatment Act. Invoices for any reimbursement of travel expenses are archived in accordance with tax law requirements.
As part of the application, we offer applicants the opportunity to be included in our “talent pool” for a period of two years on the basis of consent within the meaning of Article 6 Paragraph 1 lit. b. and Art. 7 GDPR to be included.
The application documents in the talent pool will only be processed in the context of future job advertisements and the search for employees and will be destroyed at the latest after the deadline has expired. Applicants are instructed that their consent to inclusion in the talent pool is voluntary, has no influence on the current application process and that they can revoke this consent at any time for the future and declare an objection within the meaning of Art. 21 GDPR.
When contacting us (e.g. via the contact form, email, telephone or via social media), the information provided by the user is processed in order to process the contact request and its processing in accordance with Art. 6 Para. 1 lit.b) GDPR. The information provided by the users can be stored in a customer relationship management system (“CRM system”) or a comparable request organization.
We delete the inquiries if they are no longer required. We review the requirement every two years; The statutory archiving obligations also apply.
The hosting services we use serve to provide the following services: Infrastructure and platform services, computing capacity, storage space and database services, security services and technical maintenance services that we use for the purpose of operating this online offer.
We or our hosting provider process inventory data, contact data, content data, contract data, usage data, meta and communication data from customers, interested parties and visitors to this online offer based on our legitimate interests in an efficient and secure provision of this online offer in accordance with Art. 6 Para. 1 lit.f GDPR in conjunction with Art. 28 GDPR (conclusion of an order processing contract).
Online presence in social media
We maintain an online presence within social networks and platforms in order to be able to communicate with the customers, interested parties and users active there and to inform them about our services. When calling up the respective networks and platforms, the terms and conditions and the data processing guidelines of their respective operators apply.
Unless otherwise stated in our data protection declaration, we process the data of the users as long as they communicate with us within the social networks and platforms, e.g. write articles on our online presence or send us messages.
Integration of services and content from third parties
We use content or service offers from third-party providers within our online offer based on our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 Para. 1 lit. Integrate services such as videos or fonts (hereinafter uniformly referred to as “content”).
This always presupposes that the third-party providers of this content perceive the IP address of the user, since they would not be able to send the content to their browser without the IP address. The IP address is therefore required to display this content. We strive to only use content whose respective providers only use the IP address to deliver the content. Third-party providers can also use so-called pixel tags (invisible graphics, also known as “web beacons”) for statistical or marketing purposes. The “pixel tags” can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information can also be stored in cookies on the user’s device and contain, among other things, technical information about the browser and operating system, referring websites, visiting time and other information about the use of our online offer, as well as being linked to such information from other sources.
Within our online offer, functions and contents of the LinkedIn service, offered by the inkedIn Ireland Unlimited Company Wilton Place, Dublin 2, Ireland, can be integrated. This can include, for example, content such as images, videos or texts and buttons with which users can express their favor with regard to the content, subscribe to the authors of the content or our contributions. If the users are members of the LinkedIn platform, LinkedIn can assign the above-mentioned content and functions to the profiles of the users there. Data protection declaration from LinkedIn: https://www.linkedin.com/legal/privacy-policy .. LinkedIn is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with European data protection law (https: //www.privacyshield. gov / participant? id = a2zt0000000L0UZAA0 & status = Active). Data protection declaration: https://www.linkedin.com/legal/privacy-policy, Opt-Out: https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out.
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