Article 13 GDPR

Information obligations pursuant to Art. 13 GDPR

The protection of your personal data is of particular concern to us. We therefore process your personal data ("data" for short) exclusively on the basis of the statutory provisions. With this privacy policy, we wish to inform you comprehensively about the processing of your data in our company and the data protection claims and rights to which you are entitled within the meaning of Art. 13 of the European General Data Protection Regulation (EU GDPR).

1. who is responsible for data processing and who can you contact?

Responsible is

KÜBLER GmbH Energy-saving hall heating systems
Am Bubenpfad 1A
D-67065 Ludwigshafen
E-mail: kontakt@kuebler-hallenheizungen.de
Phone: 0621 / 57000-0

The company data protection officer is

Christian Volkmer
Project 29 GmbH & Co. KG
Ostengasse 14
93047 Regensburg
Phone: 0941 2986930
Fax: 0941 29869316
E-Mail: anfragen@projekt29.de
Internet: https://www.projekt29.de

2. which data is processed and from which sources does this data originate?

We process the data that we have received from you in the context of contract initiation or processing, on the basis of consent or in the context of your application to us or in the context of your employment with us.

Personal data includes the following

• Your master/contact data, for customers this includes e.g. first name and surname, address, contact details (e-mail address, telephone number, fax), bank details.
• For applicants and employees, this includes, for example, first and last name, address, contact details (e-mail address, telephone number, fax), date of birth, data from CV and references, bank details, religious affiliation, photographs.
• For business partners, this includes, for example, the name of their legal representatives, company, commercial register number, VAT ID number, company number, address, contact details (e-mail address, telephone number, fax), bank details.
• For visitors to our company, this includes name and signature.
• For journalists, this includes first and last name, e-mail address, fax number.

In addition, we also process the following other personal data:

• Information on the type and content of contract data, order data, sales and document data, customer and supplier history and consulting documents
• Advertising and sales data
• Information from your electronic communication with us (e.g. IP address, log-in data)
• Other data that we have received from you in the context of our business relationship (e.g. in discussions with customers)
• Data that we generate ourselves from master / contact data and other data, e.g. by means of customer demand and customer potential analyses
• The documentation of your declaration of consent for the receipt of e.g. newsletters.
• Photographs taken as part of events.

3. for what purposes and on what legal basis is the data processed?

We process your data in accordance with the provisions of the General Data Protection Regulation (GDPR) and the Federal Data Protection Act 2018 as amended:

• For the fulfillment of (pre-)contractual obligations (Art. 6 para. 1 lit.b GDPR):
• For the fulfillment of legal obligations (Art. 6 para. 1 lit.c GDPR):
• For the protection of legitimate interests (Art. 6 para. 1 lit.f GDPR): Based on a balancing of interests, data processing may take place beyond the actual fulfillment of the contract to protect the legitimate interests of us or third parties.

Within the scope of your consent (Art. 6 para. 1 lit.a GDPR): If you have given us your consent to process your data, e.g. to send you our newsletter, publish photos, competitions, etc.

4. processing of personal data for advertising purposes

You can object to the use of your personal data for advertising purposes at any time, either as a whole or for individual measures, without incurring any costs other than the transmission costs according to the basic rates.

5 Who receives my data?

If we use a service provider in the sense of commissioned processing, we nevertheless remain responsible for the protection of your data. All processors are contractually obliged to treat your data confidentially and to process it only within the scope of providing the service. The processors commissioned by us will receive your data if they require the data to perform their respective service.

6. how long will my data be stored?

We process your data until the end of the business relationship or until the expiry of the applicable statutory retention periods; beyond this until the end of any legal disputes in which the data is required as evidence.

7. is personal data transferred to a third country?

In principle, we do not transfer any data to a third country. In individual cases, data will only be transferred on the basis of an adequacy decision by the European Commission, standard contractual clauses, suitable guarantees or your express consent.

8 What data protection rights do I have?

You have the right to information, correction, deletion or restriction of the processing of your stored data, a right to object to the processing as well as a right to data portability and to complain in accordance with the requirements of data protection law.

Right to information:

You can request information from us as to whether and to what extent we process your data.

Right to rectification:

If we process your data that is incomplete or incorrect, you can request that we correct or complete it at any time.

Right to erasure:

You can demand that we erase your data if we process it unlawfully or if the processing disproportionately interferes with your legitimate protection interests. Please note that there may be reasons that prevent immediate erasure, e.g. in the case of statutory retention obligations.

Irrespective of the exercise of your right to erasure, we will erase your data immediately and completely, provided that there is no legal or statutory retention obligation to the contrary.

Right to restriction of processing:

You can request that we restrict the processing of your data if
you contest the accuracy of the data, for a period enabling us to verify the accuracy of the data.
The processing of the data is unlawful, but you refuse to have it erased and instead request that the use of the data be restricted,
We no longer need the data for the intended purpose, but you still need this data to assert or defend legal claims, or
you have objected to the processing of the data.

Right to data portability:

You may request that we provide you with the data you have provided to us in a structured, commonly used and machine-readable format and that you may transmit this data to another controller without hindrance from us, provided that
We process this data on the basis of a revocable consent given by you or for the performance of a contract between us, and
This processing is carried out using automated procedures.
If technically feasible, you can request that we transfer your data directly to another controller.

Right of objection:

If we process your data for legitimate interests, you can object to this data processing at any time; this would also apply to profiling based on these provisions. We will then no longer process your data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or the processing serves the establishment, exercise or defense of legal claims. You can object to the processing of your data for the purpose of direct advertising at any time without giving reasons.
Right of appeal:
If you are of the opinion that we are violating German or European data protection law when processing your data, please contact us so that we can clarify any questions you may have. Of course, you also have the right to contact the supervisory authority responsible for you, the respective state office for data protection supervision.

If you wish to assert one of these rights against us, please contact our data protection officer. In case of doubt, we may request additional information to confirm your identity.

9. am I obliged to provide data?

The processing of your data is necessary for the conclusion or fulfillment of the contract you have entered into with us. If you do not provide us with this data, we will generally have to refuse to conclude the contract or will no longer be able to perform an existing contract and will therefore have to terminate it. However, you are not obliged to give your consent to data processing with regard to data that is not relevant or legally required for the fulfillment of the contract.

Contact us

When contacting us (e.g. by contact form, e-mail, telephone or via social media), the data of the inquiring persons are processed insofar as this is necessary to answer the contact inquiries and any requested measures.

The response to contact requests in the context of contractual or pre-contractual relationships is carried out to fulfill our contractual obligations or to respond to (pre)contractual inquiries and otherwise on the basis of the legitimate interests in responding to the inquiries.

• Processed data types: Inventory data (e.g. names, addresses), Contact data (e.g. e-mail, telephone numbers), Content data (e.g. entries in online forms).
• Affected persons: Communication partner.
• Purposes of processing: Contact requests and communication.
• Legal basis: Contract fulfillment and pre-contractual inquiries (Art. 6 para. 1 lit. b. GDPR), Legitimate interests (Art. 6 para. 1 lit. f. GDPR).

Information on data protection in applicant management in accordance with Art. 13 GDPR

Personal data is collected from you in the employment relationship. Due to the new regulations in the General Data Protection Regulation (GDPR), we are therefore obliged to inform you in accordance with Art. 13 et seq. GDPR to inform you of the following:

• Your employer is responsible for collecting and processing your data:
  KÜBLER GmbH Energiesparende Hallenheizungen represented by Mr. Thomas Kübler
  Am Bubenpfad 1a, 67065 Ludwigshafen
  Phone: 0621 / 57000-0
  Fax: 0621 / 57000-57
  E-mail: zukunft@kuebler-hallenheizungen.de
• The contact details of our data protection officer are
  Project 29 GmbH & Co. KG
  Ostengasse 14
  0941 / 2986930
  0941 / 29869316
  anfragen@projekt29.de
• Your data will be collected and processed as part of the recruitment process and for the purposes of the employment relationship.
• The required data includes, in particular, your master data (especially first and last name, name affixes, nationality), your contact data (especially private address, mobile and landline number, e-mail address), other data from the employment relationship, such as time recording data, vacation periods, periods of incapacity for work, skills data, social data, bank details, social security number, pension insurance number, salary data, tax identification number, special health data and, if applicable, criminal records) as well as log data that is generated when using the IT systems.
• Within our company, your personal data will only be received by those persons who need it to fulfill our contractual and legal obligations, such as the HR department, the accounting department, the specialist department, the works council or the representative body for severely disabled employees.
• Within our group of companies, your data will be transferred to certain companies if they perform data processing tasks centrally for the affiliated companies in the group (e.g. payroll accounting, disposal of files).
• If we use service providers to fulfill our contractual and legal obligations, they will also receive the necessary data.
• Outside the company, we transfer your data to other recipients insofar as this is necessary to fulfill our contractual and legal obligations. These are, in particular, the social insurance institutions, health insurance, pension insurance, occupational pension schemes, the employment agency, the employers' liability insurance association, the tax authorities, accident and liability insurers, courts, banks, competent bodies in order to guarantee claims from the company pension scheme or capital-forming benefits, third-party debtors in the event of wage and salary garnishment or insolvency administrators in the event of personal insolvency.
• Your data will not be transferred to a third country.
• We process your personal data in compliance with all applicable laws, such as the GDPR, the Federal Data Protection Act (BDSG), the Works Constitution Act, the Working Hours Act, etc.

The primary purpose of data processing is to establish, implement and terminate the employment relationship. The relevant legal basis for this is Art. 6 para. 1 b) GDPR in conjunction with. § Section 26 para. 1 BDSG. In addition, collective agreements (group, general and works agreements as well as collective bargaining agreements) pursuant to Art. 6 para. 1 b) in conjunction with Art. 88 para. 1 GDPR may be used. Art. 88 para. 1 GDPR in conjunction with. § Section 26 (4) BDSG and, if applicable, your separate consents pursuant to Art. 6 (1) a), 7 GDPR in conjunction with Section 26 (2) BDSG. § Section 26 (2) BDSG (e.g. in the case of video recordings) as a data protection permission regulation.

We also process your data in order to fulfill our legal obligations as an employer, in particular in the area of tax and social security law. This is done on the basis of Art. 6 para. 1 c) GDPR in conjunction with. § SECTION 26 BDSG.

Where necessary, we also process your data on the basis of Art. 6 para. 1 f) GDPR in order to protect our legitimate interests or those of third parties (e.g. authorities). This applies in particular to the investigation of criminal offenses (legal basis § 26 para. 1 sentence 2 BDSG) or within the Group for the purposes of Group management, internal communication and other administrative purposes.

Insofar as special categories of personal data are processed in accordance with Art. 9 (1) GDPR, this serves the exercise of rights or the fulfillment of legal obligations under employment law, social security law and social protection law (e.g. disclosure of health data to the health insurance company, recording of severe disability due to additional leave and determination of the severely disabled levy) within the scope of the employment relationship. This is done on the basis of Art. 9 para. 2 b) GDPR in conjunction with § Section 26 para. 3 BDSG. In addition, the processing of health data for the assessment of your ability to work in accordance with Art. 9 para. 2 h) in conjunction with § 22 para. 1 b) BDSG may be necessary.

In addition, the processing of special categories of personal data may be based on consent pursuant to Art. 9 para. 2 a) GDPR in conjunction with Art. 26 para. 2 BDSG (e.g. company health management). § Section 26 (2) BDSG (e.g. company health management).

If we wish to process your personal data for a purpose not mentioned above, we will inform you in advance.

• If your job application is rejected, the data you have submitted will be deleted six months after notification of the rejection. This does not apply if longer storage is necessary due to legal requirements (e.g. the burden of proof under the General Equal Treatment Act) or if you have expressly consented to longer storage in our database of interested parties.
• The storage period of the data collected is limited to the employment relationship. We delete your personal data as soon as it is no longer required for the above-mentioned purposes. After termination of the employment relationship, the data will be stored and then deleted in accordance with the statutory or official retention periods, which result from the German Commercial Code and the German Fiscal Code, among others. The storage periods thereafter are up to ten years. In addition, personal data may be stored for the statutory limitation period of three or up to 30 years if claims can be asserted against us.
• You have the right to obtain information from your employer about the personal data stored about you. Under certain conditions, you can request the correction or deletion of your data. You may also have the right to restrict the processing of your data and the right to receive the data you have provided in a structured, commonly used and machine-readable format.

Right of objection:

You also have the right to object to the processing of your personal data for direct marketing purposes without giving reasons. If we process your data to protect legitimate interests, you can object to this processing on grounds relating to your particular situation. We will then no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or the processing serves the establishment, exercise or defense of legal claims.

• You have the right to lodge a complaint regarding the handling of your personal data with the above-mentioned data protection officer or the data protection supervisory authority. The supervisory authority responsible for you is (for companies based in Rhineland-Palatinate):
  Supreme Supervisory Authority
  Ministry of the Interior and Sport
  Schillerplatz 3 - 5
  55116 Mainz
  Phone: 06131/163259
  Fax: 06131/163369
• The provision of personal data is necessary for the establishment, execution and termination of the employment relationship and constitutes a secondary contractual obligation of the employee. If we do not receive the required data, it will not be possible to carry out the employment relationship with you.