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Data Protection


We are very pleased with your interest in our company. Data protection is of particular importance to the management of Norbert Rabe GmbH & Co. KG. The use of the Norbert Rabe GmbH & Co. KG website is generally possible without providing any personal data. However, if an affected person wishes to avail themselves of special services of our company via our website, processing of personal data might become necessary. If processing of personal data is required and no legal basis exists for such processing, we generally obtain the consent of the affected person. The processing of personal data, for example the name, address, e-mail address or telephone number of an affected person, is always carried out in accordance with the General Data Protection Regulation and in compliance with the country-specific data protection regulations applicable to Norbert Rabe GmbH & Co. KG. Through this privacy policy, our company wishes to inform the public about the nature, scope and purpose of the personal data we collect, use and process. Furthermore, affected persons are informed of their rights through this privacy policy. Norbert Rabe GmbH & Co. KG, as the data controller, has implemented numerous technical and organizational measures 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, so that absolute protection cannot be guaranteed. For this reason, every affected person is free to transmit personal data to us by alternative means, for example by telephone.

 

1. DEFINITIONS
The privacy policy of Norbert Rabe GmbH & Co. KG is based on the terminology used by the European legislator when enacting the General Data Protection Regulation (GDPR). Our privacy policy is intended to be easily readable and understandable both for the public and for our customers and business partners. In order to ensure this, we would like to explain the terminology used in advance.
 
We use, among other things, the following terms in this privacy policy:
 
A) PERSONAL DATA
Personal data is any information relating to an identified or identifiable natural person (hereinafter “data subject”). An identifiable natural person is one who 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 to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

 
B) DATA SUBJECT
Data subject is any identified or identifiable natural person whose personal data is processed by the data controller.
 
C) PROCESSING
Processing is any operation or set of operations performed on personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
 
D) RESTRICTION OF PROCESSING
Restriction of processing means the marking of stored personal data with the aim of limiting their future processing.
 
E) PROFILING
Profiling is any form of automated processing of personal data that consists of using personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements.
 
F) PSEUDONYMIZATION
Pseudonymization is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data is not attributed to an identified or identifiable natural person.
 
G) DATA CONTROLLER OR CONTROLLER
Data controller or 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 provided for by Union law or the law of the Member States, the data controller or the criteria for its designation may be provided for by Union law or the law of the Member States.

H) PROCESSOR
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the data controller.
 
I) RECIPIENT
Recipient is a natural or legal person, public authority, agency or other body to whom personal data are disclosed, irrespective of whether the recipient is a third party or not. However, authorities that may receive personal data as part of a specific investigation assignment under Union law or the law of the Member States are not considered recipients.
 
J) THIRD PARTY
Third party is a natural or legal person, public authority, agency or body other than the data subject, the data controller, the processor and the persons who, under the direct authority of the data controller or processor, are authorized to process the personal data.
 
K) CONSENT
Consent is any freely given, specific, informed and unambiguous indication of the data subject’s wishes, either by a statement or by a clear affirmative action, signifying agreement to the processing of personal data relating to them.
 
2. NAME AND ADDRESS OF THE DATA CONTROLLER
The data controller within the meaning of the General Data Protection Regulation, other applicable data protection laws in the Member States of the European Union and other data protection-related provisions is:
 
Norbert Rabe GmbH & Co. KG
Von-Galen-Straße 36
59063 Hamm
Germany
Tel.: 02381 50999
E-mail: Diese E-Mail-Adresse ist vor Spambots geschützt! Zur Anzeige muss JavaScript eingeschaltet sein.
 
3. COLLECTION OF GENERAL DATA AND INFORMATION
The website of Norbert Rabe GmbH & Co. KG collects a range of general data and information with every access to the website by a data subject or an automated system. This general data and information are stored in the server’s log files. The following may be recorded: (1) the types and versions of browsers used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reached our website (so-called referrers), (4) the subpages that are accessed via an accessing system on our website, (5) the date and time of an access to the website, (6) an internet protocol address (IP address), (7) the internet service provider of the accessing system, and (8) other similar data and information that are used for defense against attacks on our IT systems.
When using this general data and information, Norbert Rabe GmbH & Co. KG draws no conclusions about the data subject. Instead, this information is needed to (1) correctly deliver the content of our website, (2) optimize the content of our website as well as the advertising for it, (3) ensure the continuous functionality of our IT systems and the technology of our website, and (4) provide law enforcement authorities with the necessary information for prosecution in the event of a cyber attack. These anonymously collected data and information are therefore evaluated by Norbert Rabe GmbH & Co. KG both statistically and with the aim of increasing data protection and data security in our company, in order ultimately to ensure an optimal level of protection for the personal data we process. The anonymous data from the server log files are stored separately from all personal data provided by a data subject.
 
4. CONTACT VIA THE WEBSITE
The website of Norbert Rabe GmbH & Co. KG contains, due to legal provisions, details that enable rapid electronic contact with our company as well as immediate communication with us, which also includes a general address for so-called electronic mail (e-mail address). If a data subject contacts the data controller by e-mail or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data, voluntarily provided by a data subject to the data controller, are stored for the purposes of processing or contacting the data subject. No transfer of these personal data to third parties takes place.

5. SUBSCRIPTION TO COMMENTS ON THE BLOG ON THE WEBSITE
Comments posted on the blog of Norbert Rabe GmbH & Co. KG can generally be subscribed to by third parties. In particular, there is the possibility that a commenter subscribes to comments following his/her comment on a specific blog post.
If a data subject opts for the option to subscribe to comments, the data controller will send an automatic confirmation email in order to verify, via a double opt-in procedure, whether the owner of the specified e-mail address has indeed chosen this option. The option to subscribe to comments can be terminated at any time.
 
6. ROUTINE DELETION AND BLOCKING OF PERSONAL DATA
The data controller processes and stores personal data of the data subject only for the period necessary to achieve the purpose of storage or as provided by the European legislator or another legislator in laws or regulations to which the data controller is subject.
If the purpose of storage ceases to exist or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data will be routinely blocked or deleted in accordance with the legal provisions.
 
7. RIGHTS OF THE DATA SUBJECT
A) RIGHT OF CONFIRMATION
Every data subject has the right granted by the European legislator to request a confirmation from the data controller as to whether personal data concerning them are being processed. If a data subject wishes to exercise this right of confirmation, they may contact an employee of the data controller at any time.
 
B) RIGHT OF ACCESS
Every person whose personal data is processed has the right granted by the European legislator to obtain, free of charge and at any time, information from the data controller about the personal data stored about them and a copy of this information. Furthermore, the European legislator has granted the data subject the right to information on the following details:
the purposes of the processing
the categories of personal data being processed
the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations
if possible, the planned duration for which the personal data will be stored, or, if this is not possible, the criteria used to determine that duration
the existence of a right to rectification or deletion of the personal data concerning them or to restrict the processing by the controller or a right to object to such processing
the existence of a right to lodge a complaint with a supervisory authority
if the personal data were not collected from the data subject: all available information about the source of the data
the existence of automated decision-making including profiling pursuant to Article 22(1) and (4) GDPR and—at least in those cases—meaningful information about the logic involved as well as the significance and envisaged consequences of such processing for the data subject
Furthermore, the data subject has the right to obtain information as to whether personal data have been transferred to a third country or to an international organization. In such a case, the data subject shall also have the right to receive information about the appropriate safeguards in connection with such a transfer.
If a data subject wishes to exercise this right of access, they may contact an employee of the data controller at any time.
 
C) RIGHT OF RECTIFICATION
Every data subject whose personal data is processed has the right granted by the European legislator to request the immediate rectification of any inaccurate personal data concerning them. Furthermore, the data subject has the right, taking into account the purposes of the processing, to request the completion of incomplete personal data — also by means of a supplementary statement.
If a data subject wishes to exercise this right of rectification, they may contact an employee of the data controller at any time.
 
D) RIGHT TO ERASURE (RIGHT TO BE FORGOTTEN)
Every data subject whose personal data is processed has the right granted by the European legislator to request that the personal data concerning them be erased without delay by the controller, provided that one of the following reasons applies and insofar as the processing is not necessary:
Personal data have been collected for purposes for which they are no longer necessary or have been processed in any other way for which they are no longer required.
The data subject withdraws their consent on which the processing was based pursuant to Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR, and there is no other legal basis for the processing.
The data subject objects to the processing pursuant to Art. 21(1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Art. 21(2) GDPR.
Personal data have been unlawfully processed.
Erasure of the personal data is necessary for compliance with a legal obligation to which the controller is subject under Union or Member State law.
Personal data have been collected in relation to services offered by the information society pursuant to Art. 8(1) GDPR.
 
If one of the above reasons applies and a data subject wishes to request the erasure of personal data stored by Norbert Rabe GmbH & Co. KG, they may contact an employee of the data controller at any time. The employee of Norbert Rabe GmbH & Co. KG will ensure that the erasure request is complied with without delay.
If the personal data have been made public by Norbert Rabe GmbH & Co. KG and our company, as the controller, is obliged to erase the personal data pursuant to Art. 17(1) GDPR, then Norbert Rabe GmbH & Co. KG, taking into account the available technology and the costs of implementation, will take appropriate measures, including technical measures, to notify other controllers processing the published personal data that the data subject has requested the erasure of all links to these personal data or of copies or replications of these personal data, insofar as the processing is not necessary. The employee of Norbert Rabe GmbH & Co. KG will arrange the necessary measures on a case-by-case basis.
 
E) RIGHT TO RESTRICT PROCESSING
Every data subject whose personal data is processed has the right granted by the European legislator to request that the controller restrict the processing if one of the following conditions is met:
The accuracy of the personal data is disputed by the data subject for a period that allows the controller to verify the accuracy of the personal data.
The processing is unlawful, the data subject refuses the erasure of the personal data and instead requests the restriction of the use of the personal data.
The controller no longer requires the personal data for the purposes of processing, whereas the data subject needs them for the establishment, exercise or defense of legal claims.
The data subject has objected to the processing pursuant to Art. 21(1) GDPR and it has not yet been determined whether the legitimate grounds of the controller override those of the data subject.
If one of the above conditions is met and a data subject wishes to request the restriction of personal data stored by Norbert Rabe GmbH & Co. KG, they may contact an employee of the data controller at any time. The employee of Norbert Rabe GmbH & Co. KG will arrange for the restriction of processing.
 
F) RIGHT TO DATA PORTABILITY
Every data subject whose personal data is processed has the right granted by the European legislator to receive the personal data concerning them, which have been provided by the data subject to a controller, in a structured, commonly used and machine-readable format. They also have the right to transmit these data to another controller without hindrance from the controller to whom the personal data have been provided, provided that the processing is based on consent pursuant to Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR or on a contract pursuant to Art. 6(1)(b) GDPR and that the processing is carried out by automated means, insofar as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority conferred on the controller.
Furthermore, when exercising their right to data portability pursuant to Art. 20(1) GDPR, the data subject has the right to ensure that the personal data are transmitted directly from one controller to another, insofar as this is technically feasible and provided that this does not adversely affect the rights and freedoms of other persons.
To exercise the right to data portability, the data subject may contact an employee of Norbert Rabe GmbH & Co. KG at any time.
 
G) RIGHT TO OBJECT
Every data subject whose personal data is processed has the right granted by the European legislator, for reasons arising from their particular situation, to object at any time to the processing of personal data concerning them that is based on Art. 6(1)(e) or (f) GDPR. This also applies to profiling based on these provisions.
Norbert Rabe GmbH & Co. KG will no longer process the personal data in the event of an objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or the processing is for the establishment, exercise or defense of legal claims.
If Norbert Rabe GmbH & Co. KG processes personal data in order to conduct direct marketing, the data subject has the right to object at any time to the processing of the personal data for the purpose of such marketing. This also applies to profiling insofar as it is related to such direct marketing. If the data subject objects to the processing for the purpose of direct marketing, Norbert Rabe GmbH & Co. KG will no longer process the personal data for these purposes.
In addition, the data subject has the right, for reasons arising from their particular situation, to object to the processing of personal data concerning them that is carried out by Norbert Rabe GmbH & Co. KG for scientific or historical research purposes or statistical purposes pursuant to Art. 89(1) GDPR, unless such processing is necessary for the performance of a task carried out in the public interest.
To exercise the right to object, the data subject may contact any employee of Norbert Rabe GmbH & Co. KG directly or another employee. Furthermore, the data subject is free to exercise their right to object by automated means, using technical specifications, in connection with the use of information society services, irrespective of Directive 2002/58/EC.
 
H) AUTOMATED INDIVIDUAL DECISIONS, INCLUDING PROFILING
Every data subject whose personal data is processed has the right granted by the European legislator not to be subject to a decision based solely on automated processing — including profiling — which produces legal effects concerning them or similarly significantly affects them, unless the decision (1) is necessary for the conclusion or performance of a contract between the data subject and the controller, or (2) is permitted by Union or Member State law to which the controller is subject and that law contains appropriate measures to safeguard the data subject’s rights and freedoms as well as their legitimate interests, or (3) is made with the explicit consent of the data subject.
If the decision is (1) necessary for the conclusion or performance of a contract between the data subject and the controller or (2) is made with the explicit consent of the data subject, Norbert Rabe GmbH & Co. KG will take appropriate measures to safeguard the rights and freedoms as well as the legitimate interests of the data subject, including at least the right to obtain human intervention by the controller, to express their point of view and to contest the decision.
If the data subject wishes to assert rights with respect to automated decisions, they may contact an employee of the data controller at any time.
 
I) RIGHT TO WITHDRAW CONSENT FOR DATA PROTECTION PURPOSES
Every data subject whose personal data is processed has the right granted by the European legislator to withdraw their consent to the processing of personal data at any time.
If the data subject wishes to exercise their right to withdraw consent, they may contact an employee of the data controller at any time.
 
8. DATA PROTECTION IN APPLICATIONS AND THE APPLICATION PROCEDURE
The data controller collects and processes the personal data of applicants for the purpose of managing the application process. The processing may also be carried out electronically. This is particularly the case when an applicant submits the relevant application documents electronically, for example by e-mail or via a web form on the website, to the data controller. If the data controller concludes an employment contract with an applicant, the transmitted data will be stored for the purpose of managing the employment relationship in accordance with legal requirements. If the data controller does not conclude an employment contract with the applicant, the application documents will be automatically deleted two months after notification of the rejection decision, provided that no other legitimate interests of the data controller preclude deletion. Another legitimate interest in this sense is, for example, the obligation to provide evidence in proceedings under the General Equal Treatment Act (AGG).
 
9. LEGAL BASIS OF THE PROCESSING
Art. 6(1)(a) GDPR serves as the legal basis for our processing operations in which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is a party, as is the case, for example, with processing operations that are necessary for the delivery of goods or the provision of any other service or consideration, the processing is based on Art. 6(1)(b) GDPR. The same applies to processing operations that are necessary for the implementation of pre-contractual measures, such as in cases of inquiries about our products or services. If our company is subject to a legal obligation that requires the processing of personal data, for example to fulfill tax obligations, the processing is based on Art. 6(1)(c) GDPR. In rare cases, the processing of personal data might become necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor to our premises were injured and, as a result, their name, age, health insurance details or other vital information had to be passed on to a doctor, hospital or other third parties. Then the processing would be based on Art. 6(1)(d) GDPR. Finally, processing operations could be based on Art. 6(1)(f) GDPR. Processing operations that are not covered by any of the aforementioned legal bases are based on Art. 6(1)(f) GDPR, if the processing is necessary for the purposes of a legitimate interest pursued by our company or a third party, provided that the interests, fundamental rights and freedoms of the data subject do not override these interests. Such processing operations are permitted for us in particular because they have been specifically mentioned by the European legislator. In this respect, it was held that a legitimate interest could be presumed if the data subject is a customer of the controller (Recital 47, sentence 2 GDPR).
 
10. LEGITIMATE INTERESTS PURSUED BY THE CONTROLLER OR A THIRD PARTY
If the processing of personal data is based on Art. 6(1)(f) GDPR, our legitimate interest is to conduct our business operations for the benefit of the well-being of all our employees and our shareholders.
 
11. DURATION FOR WHICH THE PERSONAL DATA ARE STORED
The criterion for the duration of storage of personal data is the applicable statutory retention period. After the expiration of this period, the relevant data will be routinely deleted, provided that they are no longer required for the performance or initiation of a contract.
 
12. LEGAL OR CONTRACTUAL REQUIREMENTS TO PROVIDE PERSONAL DATA; NECESSITY FOR THE CONCLUSION OF A CONTRACT; OBLIGATION OF THE DATA SUBJECT TO PROVIDE PERSONAL DATA; POSSIBLE CONSEQUENCES OF NON-PROVISION
We inform you that the provision of personal data is partly required by law (e.g. tax regulations) or may also result from contractual agreements (e.g. information about the contracting party). In some cases, it may be necessary for a contract to be concluded that a data subject provides us with personal data that subsequently must be processed by us. For example, the data subject is obliged to provide us with personal data when our company concludes a contract with them. Failure to provide the personal data would result in the contract with the data subject not being concluded. Before a data subject provides personal data, they must contact one of our employees. Our employee will inform the data subject on a case-by-case basis whether the provision of personal data is required by law or contract or necessary for the conclusion of the contract, whether there is an obligation to provide the personal data, and what the consequences of not providing the personal data would be.
 
13. EXISTENCE OF AUTOMATED DECISION-MAKING
As a responsible company, we refrain from automated decision-making or profiling.
This privacy policy was created using the privacy policy generator of DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as external data protection officer in Hannover, in cooperation with the Cologne IT and data protection lawyer Christian Solmecke.

 

 
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