Privacy Policy

This Privacy Policy informs users about the nature, scope, and purpose of the collection and use of personal data by ahc GmbH.

The data controller within the meaning of the General Data Protection Regulation and other national data protection laws of the member states, as well as other data protection regulations, is:

ahc GmbH, Im Schwenkrain 8, 70376 Stuttgart, Deutschland, Tel. 0711 – 35875797, E-Mail: info@ahc-gmbh.de, Website: www.ahc-gmbh.de.

The data protection officer for the data controller is: Thorsten Wälde, Digimojo, E-Mail: : dsb-ahc@digimojo.biz

General Information on Data Processing

Privacy Policy

This Privacy Policy informs users about the nature, scope, and purpose of the collection and use of personal data by ahc GmbH.

The data controller within the meaning of the General Data Protection Regulation and other national data protection laws of the member states, as well as other data protection regulations, is:

ahc GmbH, Im Schwenkrain 8, 70376 Stuttgart, Deutschland, Tel. 0711 – 35875797, E-Mail: info@ahc-gmbh.de, Website: www.ahc-gmbh.de.

The data protection officer for the data controller is: Thorsten Wälde, Digimojo, E-Mail: : dsb-ahc@digimojo.biz.

General Information on Data Processing

Scope of the Processing of Personal Data

As a general rule, we process our users’ personal data only to the extent necessary to provide a fully functional website and our content and services. The processing of our users’ personal data generally takes place only with the user’s consent. An exception applies in cases where obtaining prior consent is not possible for practical reasons and the processing of the data is permitted by law.

Legal Basis for the Processing of Personal Data

To the extent that we obtain the data subject’s consent for the processing of personal data, Article 6(1)(a) of the EU General Data Protection Regulation (GDPR) serves as the legal basis.

When processing personal data necessary for the performance of a contract to which the data subject is a party, Article 6(1)(b) of the GDPR serves as the legal basis. This also applies to processing operations necessary for the implementation of pre-contractual measures.

To the extent that the processing of personal data is necessary to comply with a legal obligation to which our company is subject, Article 6(1)(c) of the GDPR serves as the legal basis.

In the event that the vital interests of the data subject or another natural person require the processing of personal data, Article 6(1)(d) of the GDPR serves as the legal basis.

If the processing is necessary to protect a legitimate interest of our company or a third party, and the interests, fundamental rights, and fundamental freedoms of the data subject do not override the aforementioned interest, Article 6(1)(f) of the GDPR serves as the legal basis for the processing.

Data Deletion and Retention Period

The data subject’s personal data will be deleted or blocked as soon as the purpose for which it was stored no longer applies. Data may also be stored if this is provided for by European or national legislation in EU regulations, laws, or other provisions to which the controller is subject. Data will also be blocked or deleted when a retention period prescribed by the aforementioned standards expires, unless further storage of the data is necessary for the conclusion or performance of a contract.

Website Hosting and Log File Generation

Description and Scope of Data Processing

Every time our website is accessed, our system automatically collects data and information from the accessing computer’s system. The following data is collected in this process:

Information about the browser type and version being used
The user’s operating system
The user’s Internet service provider
The user’s IP address
Date and time of access
Websites from which the user’s system accesses our website
Websites accessed by the user’s system via our website

The data is also stored in our system’s log files. This data is not stored together with any other personal data belonging to the user.

Legal Basis for Data Processing

The legal basis for the temporary storage of data and log files is Article 6(1)(f) of the GDPR.

Purpose of Data Processing

The system must temporarily store the IP address in order to deliver the website to the user’s computer. To do this, the user’s IP address must be stored for the duration of the session.

Data is stored in log files to ensure the proper functioning of the website. In addition, we use this data to optimize the website and to ensure the security of our IT systems. The data is not analyzed for marketing purposes in this context.

These purposes also constitute our legitimate interest in data processing pursuant to Article 6(1)(f) of the GDPR.

Duration of Storage

The data will be deleted as soon as it is no longer necessary to achieve the purpose for which it was collected. In the case of data collected for the purpose of providing the website, this occurs when the respective session ends.

If the data is stored in log files, this occurs no later than seven days after collection. Storage beyond this period is not possible. In this case, users’ IP addresses are deleted or anonymized so that the requesting clients can no longer be identified.

Right to Object and Right to Rectification

The collection of data for the purpose of providing the website and the storage of that data in log files is absolutely necessary for the operation of the website. Consequently, users do not have the option to object.

Use of Cookies

Description and Scope of Data Processing

Our website uses cookies. Cookies are text files that are stored in or by the web browser on the user’s computer system. When a user visits a website, a cookie may be stored on the user’s operating system. This cookie contains a unique string of characters that allows the browser to be uniquely identified when the user visits the website again.

We use cookies to make our website more user-friendly. Some elements of our website require that the browser used to access the site can be identified even after changing pages.

Cookie Settings

The following data is stored and transmitted in the cookies:

Language Settings
Login Information

We also use cookies on our website that allow us to analyze users’ browsing behavior. This enables the following data to be transmitted:

Search terms entered
Frequency of Page Views
Use of Website Features
CMS Support

The user data collected in this manner is pseudonymized through technical measures. As a result, it is no longer possible to link the data to the user who accessed the site. The data is not stored together with any other personal data of the users.

When users visit our website, they are informed about the use of cookies for analytical purposes, and their consent is obtained for the processing of personal data used in this context. In this context, a reference is also made to this Privacy Policy.

Legal Basis for Data Processing

The legal basis for the processing of personal data using cookies is Article 6(1)(f) of the GDPR.

The legal basis for processing personal data using cookies for analytical purposes is Article 6(1)(a) of the GDPR, provided the user has given consent for this purpose.

Purpose of Data Processing

The purpose of using technically necessary cookies is to make it easier for users to use websites. Some features of our website cannot be provided without the use of cookies. For these features, it is necessary for the browser to be recognized even after the user navigates to another page.

We need cookies for the following applications:

Applying Language Settings
Saving Search Terms

The user data collected by technically necessary cookies is not used to create user profiles.

Analytics cookies are used to improve the quality of our website and its content. These cookies help us understand how the website is used, allowing us to continuously optimize our offerings.

Purpose of the analytics cookies used:

Total number of visitors
Users’ Landing Pages
Time Spent on the Website
User Bounce Rate

These purposes also constitute our legitimate interest in processing personal data pursuant to Article 6(1)(f) of the GDPR.

Duration of Storage, Right to Object, and Right to Erasure

Cookies are stored on the user’s computer and transmitted from there to our site. As a user, you therefore have full control over the use of cookies. By changing the settings in your web browser, you can disable or restrict the transmission of cookies. Cookies that have already been stored can be deleted at any time. This can also be done automatically. If cookies are disabled for our website, you may no longer be able to use all of the website’s features to their full extent.

Contact Form and Email Contact

Description and Scope of Data Processing

Our website features a contact form that can be used to contact us electronically. If a user chooses this option, the data entered in the form is transmitted to us and stored. This data includes:

Name
Email address
Subject
Message

At the time the message is sent, the following data is also stored:

The user’s IP address
Date and time of registration

Your consent to the processing of your data is obtained as part of the submission process, and reference is made to this Privacy Policy. Alternatively, you may contact us via the email address provided. In this case, the user’s personal data transmitted with the email will be stored. No data will be disclosed to third parties in this context. The data will be used exclusively for the purpose of handling the conversation.

Legal Basis for Data Processing

The legal basis for processing the data, provided the user has given consent, is Article 6(1)(a) of the GDPR.

The legal basis for processing the data transmitted when sending an email is Article 6(1)(f) of the GDPR. If the purpose of the email contact is to enter into a contract, the additional legal basis for the processing is Article 6(1)(b) of the GDPR.

Purpose of Data Processing

We process the personal data entered in the form solely for the purpose of handling your inquiry. If you contact us via email, this also constitutes the necessary legitimate interest in processing the data.

The other personal data processed during the submission process is used to prevent misuse of the contact form and to ensure the security of our IT systems.

Duration of Storage

The data will be deleted as soon as it is no longer necessary to achieve the purpose for which it was collected. For personal data entered in the contact form and data sent via email, this is the case once the respective conversation with the user has ended. The conversation is considered ended when the circumstances indicate that the matter in question has been conclusively resolved.

Any additional personal data collected during the submission process will be deleted no later than seven days after submission.

Right to Object and Right to Rectification

The user may revoke their consent to the processing of their personal data at any time. If the user contacts us via email, they may object to the storage of their personal data at any time. To do so, please send an email with the subject line “Withdrawal of Consent to Store My Data” to info@ahc-gmbh.de. In such a case, the conversation cannot be continued. All personal data stored in the course of this contact will be deleted.

Web Analytics Using Google Analytics

Scope of the Processing of Personal Data

We use Google Analytics on our website to analyze our users’ browsing behavior. The software places a cookie on the user’s computer (see above for information on cookies). When individual pages of our website are accessed, the following data is stored:

Two bytes of the IP address of the user’s system making the request
The website that was accessed
The website from which the user accessed the current website (referrer)
The subpages accessed from the website being visited
Time spent on the website
The frequency of visits to the website

The “Automatically Anonymize Visitor IPs” feature is enabled. IP addresses are not stored in full; instead, 2 bytes of the IP address are masked. This prevents the truncated IP address from being linked to the visiting computer.

Legal Basis for the Processing of Personal Data</5>

The legal basis for the processing of users’ personal data is Article 6(1)(f) of the GDPR.

Purpose of Data Processing

Processing users’ personal data enables us to analyze our users’ browsing behavior. By evaluating the data collected, we are able to compile information about the use of the individual components of our website. This helps us to continuously improve our website and its user-friendliness. These purposes also constitute our legitimate interest in processing the data pursuant to Article 6(1)(f) of the GDPR. By anonymizing the IP address, we adequately take into account users’ interest in the protection of their personal data.

Duration of Storage

The data will be deleted as soon as it is no longer needed for our record-keeping purposes. In our case, this occurs after 2 weeks.

Right to Object and Right to Rectification

On our website, we offer our users the option to opt out of the analytics process. To do so, you must follow the corresponding link. This will set an additional cookie on your system that instructs our system not to store your data. If you delete this cookie from your system at any time, you will need to set the opt-out cookie again.

For more information about the privacy settings for the “Google Analytics” software, please visit the following link:
https://support.google.com/analytics/answer/6004245?hl=de

Involvement of external service providers: Google Maps

Scope of the Processing of Personal Data

Our website uses the external service provider Google Maps. When you access the service, the following data is stored:

IP address of the user’s system making the request
The website that was accessed
The website from which the user accessed the current website (Referrer)
The subpages accessed from the website being visited
Time spent on the website
The frequency of visits to the website

Our Own Services

Applications

We offer you the opportunity to apply for a position with us (e.g., by email or mail). Below, we provide information about the scope, purpose, and use of your personal data collected as part of the application process. We assure you that the collection, processing, and use of your data are carried out in accordance with applicable data protection laws and all other legal requirements, and that your data will be treated with the strictest confidentiality.

Scope and Purpose of Data Collection

If you submit an application to us, we will process your associated personal data (e.g., contact information, application documents, notes taken during job interviews, etc.) to the extent necessary to decide whether to establish an employment relationship. The legal basis for this is Section 26 of the BDSG-neu under German law (initiation of an employment relationship), Article 6(1)(b) of the GDPR (general pre-contractual processing), and—if you have provided consent—Article 6(1)(a) of the GDPR. You may revoke your consent at any time. Your personal data will be shared within our company exclusively with those individuals involved in processing your application.

If your application is successful, the data you submitted will be stored in our data processing systems in accordance with Section 26 of the New Federal Data Protection Act (BDSG-neu) and Article 6(1)(b) of the General Data Protection Regulation (GDPR) for the purpose of carrying out the employment relationship.

Data Retention Period

If we are unable to offer you a position, if you decline a job offer, withdraw your application, revoke your consent to data processing, or request that we delete your data, the data you have provided—including any remaining physical application documents—will be stored or retained for a maximum of 6 months after the conclusion of the application process (retention period), so that we can trace the details of the application process in the event of any discrepancies (Art. 6(1)(f) GDPR).

You may object to this storage provided that you have legitimate interests that outweigh our interests. Once the retention period has expired, the data will be deleted unless there is a statutory retention requirement or another legal basis for further storage. If it becomes apparent that the retention of your data will be necessary after the retention period has expired (e.g., due to an impending or pending legal dispute), the data will not be deleted until it is no longer relevant. Other statutory retention obligations remain unaffected.

Rights of the Data Subject

If your personal data is processed, you are a data subject within the meaning of the GDPR, and you have the following rights vis-à-vis the controller:

Right to Information

You may request confirmation from the data controller as to whether we are processing personal data concerning you.

If such processing is taking place, you may request the following information from the controller:

(1) the purposes for which the personal data is being processed;

(2) the categories of personal data being processed;

(3) the recipients or categories of recipients to whom your personal data has been or will be disclosed;

(4) the planned duration of storage of the personal data concerning you or, if specific details cannot be provided, the criteria used to determine the storage period;

(5) the existence of a right to rectification or erasure of the personal data concerning you, a right to restrict processing by the controller, or a right to object to such processing;

(6) the existence of a right to lodge a complaint with a supervisory authority;

(7) all available information regarding the origin of the data, if the personal data is not collected from the data subject;

(8) the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and—at least in such cases—meaningful information regarding the logic involved, as well as the significance and intended consequences of such processing for the data subject.

You have the right to request information regarding whether your personal data will be transferred to a third country or to an international organization. In this context, you may request to be informed of the appropriate safeguards pursuant to Article 46 of the GDPR in connection with the transfer.

Right to Rectification

You have the right to request that the controller correct and/or complete your personal data if the processed personal data concerning you is inaccurate or incomplete. The controller must make the correction without delay.

Right to Restriction of Processing

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

(1) if you contest the accuracy of the personal data concerning you for a period that allows the controller to verify the accuracy of the personal data;

(2) if the processing is unlawful and you oppose the erasure of 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 it to assert, exercise, or defend legal claims; or

(4) if you have objected to the processing pursuant to Article 21(1) of the GDPR and it has not yet been determined whether the controller’s legitimate grounds override your interests.

If the processing of your personal data has been restricted, such data—apart from its storage—may be processed only with your consent, or for the purpose of asserting, exercising, or defending legal claims, or to protect the rights of another natural or legal person, or for reasons of an important public interest of the Union or a Member State.

If the restriction on processing has been imposed in accordance with the above conditions, the controller will notify you before the restriction is lifted.

Right to Erasure

a. Obligation to Delete

You may request that the controller delete your personal data without delay, and the controller is obligated to delete such data without delay if any of the following grounds apply:

(1) The personal data concerning you is no longer necessary for the purposes for which it was collected or otherwise processed.

(2) You withdraw your consent on which the processing was based pursuant to Article 6(1)(a) or Article 9(2)(a) of the GDPR, and there is no other legal basis for the processing.

(3) You object to the processing pursuant to Article 21(1) of the GDPR, and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Article 21(2) of the GDPR.

(4) The personal data concerning you has been processed unlawfully.

(5) The erasure of the personal data concerning you is necessary to comply with a legal obligation under Union law or the law of the Member States to which the controller is subject.

(6) The personal data concerning you was collected in connection with information society services offered pursuant to Article 8(1) of the GDPR.

b.Disclosure to Third Parties

If the controller has made the personal data concerning you public and is obligated to erase it pursuant to Article 17(1) of the GDPR, the controller shall take appropriate measures, including technical measures, taking into account the available technology and the cost of implementation, to inform controllers who process the personal data that you, as the data subject, have requested that they erase all links to such personal data or any copies or replicas of such personal data.

c.Exceptions

The right to erasure does not apply to the extent that the processing is necessary

(1) for the exercise of the right to freedom of expression and information;

(2) for compliance with a legal obligation that requires processing under Union or Member State law to which the controller is subject, or for the performance of 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 area of public health pursuant to Article 9(2)(h) and (i) and Article 9(3) of the GDPR;

(4) for archiving purposes in the public interest, scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, to the extent that the right referred to in subsection (a) is likely to render impossible or seriously impair the achievement of the objectives of such processing; or

(5) for the establishment, exercise, or defense of legal claims.

Right to Information

If you have exercised your right to rectification, erasure, or restriction of processing with the controller, the controller is obligated to notify all recipients to whom your personal data has been disclosed of such rectification, erasure, or restriction of processing, unless this proves impossible or involves disproportionate effort.

You have the right to request that the controller inform you of these recipients.

Right to Data Portability

You have the right to receive the personal data concerning you that you have provided to the controller in a structured, commonly used, and machine-readable format. You also have the right to transmit this data to another controller without hindrance from the controller to whom the personal data was provided, provided that

(1) the processing is based on consent pursuant to Article 6(1)(a) of the GDPR or Article 9(2)(a) of the GDPR, or on a contract pursuant to Article 6(1)(b) of the GDPR, and

(2) the processing is carried out using automated means.

In exercising this right, you also have the right to have the personal data concerning you transmitted directly from one controller to another controller, provided this is technically feasible. The freedoms and rights of other individuals must not be infringed upon as a result.

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

Right to Object

You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you that is carried out pursuant to Article 6(1)(e) or (f) of the GDPR; this also applies to profiling based on these provisions.

The controller will no longer process your personal data unless it can demonstrate compelling legitimate grounds for the processing that override your interests, rights, and freedoms, or the processing is necessary for the establishment, exercise, or defense of legal claims.

If the personal data concerning you is 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 marketing; this also applies to profiling to the extent that it is related to such direct marketing.

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

In connection with the use of information society services—notwithstanding Directive 2002/58/EC—you have the option to exercise your right to object through automated procedures that use technical specifications.

Right to Withdraw Consent Under Data Protection Law

You have the right to withdraw your consent under data protection law at any time. Withdrawing your consent does not affect the lawfulness of the processing carried out on the basis of your consent up until the time of withdrawal.

Automated decision-making in individual cases, including profiling

You have the right not to be subject to a decision based solely on automated processing—including profiling—that produces legal effects concerning 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 controller,

(2) is permitted under Union or Member State law to which the controller is subject, and such law provides for appropriate measures to safeguard your rights and freedoms as well as your legitimate interests, or

(3) is based on your explicit consent.

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

With regard to the cases referred to in (1) and (3), the controller shall take appropriate measures to safeguard your rights and freedoms as well as your legitimate interests, including, at a minimum, the right to request that the controller involve a person, to state your position, and to challenge the decision.

Right to File a Complaint with a Supervisory Authority

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority—in particular, in the Member State where you reside, where you work, or where the alleged infringement occurred—if you believe that the processing of your personal data violates the GDPR.

The supervisory authority to which the complaint was submitted shall inform the complainant of the status and outcome of the complaint, including the possibility of seeking judicial remedy under Article 78 of the GDPR.

Quelle:

Sample Privacy Policy in Accordance with the EU GDPR, Copyright Prof. Dr. Thomas Hoeren

https://www.uni-muenster.de/Jura.itm/hoeren/lehre/materialien/musterdatenschutzerklaerung