Imprint Data Protection
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Data protection declaration
I'm happy to find that you are interested in my photograhy and videos. Data protection has a very high value for me. The usage of this website is possible without presenting any personal data. However, processing personal data might become necessary in case somebody would like to make use of my services via my websitw. If the processing of personal data is required and there is no legal foundation for this, we generally contact the affected person in order to receive their approval.
The processing of personal data such as the name, the address, E-mail address or telephone number is carried out strictly according to the data protection regulations and the country-specific laws relevant for me. With this data protection declaration, I wants to inform the public about the type, extent and purpose of the collected, used and processed data. Furthermore, within this declaration, affected people are informed about their legal rights. I have implemented several technical and organizational measures to ensure the security of personal data processed via this website. However, internet-based data transmission can generally display gaps in security. It is not possible to guarantee absolute security. Every user of this website can therefore choose freely, to transmit their data in alternative ways, for example via telephone.
1.DEFINITIONS
The data protection declaration of me is based upon the terms that have been used in the enactment of the data protection regulation (DS-GVO). My data protection declaration is supposed to be easy to read and understand by both our customers and the public. To ensure this we would like to previously explain the used terms.
Amongst other things, we use the following terms in our data protection declaration:
I) Personal data
Personal data is every information the is relevant to an identified or identifiable natural person (in the following “affected person”). A natural person is seen as identifiable if they can be identified, directly or indirectly, via call signs such as the name, a number, location data, online identification or one or more specific features, that indicate the physiological, physical, genetic, economic, psychological, cultural or social identity of this person.
b) Affected person
The affected person is every identified or identifiable natural person, whose personal data is processed by the responsible for processing.
c) Processing
Processing includes every, with or without the help of automated processes, action or chain of actions that are in contact with the personal data by raising, capturing, organizing, sorting, saving, adjusting or changing, using, forwarding, spreading or any other form of providing, as well as the connecting, limitation and deleting or destroying of the data.
d) Limited processing
Limitation of processing is the marking of saved personal data with the target of limiting their future processing.
e) Profiling
Profiling is every way of the automated processing of personal data that is used to evaluate and predict personal characteristics in terms of work effort, health, economic status, personal preferences, interests, reliability, behavior, location.
f) Pseudonymization
Pseudonymization is the processing of personal data in a way in which the personal data cannot be assigned to a specific person without additional information, given that this additional information is stored separately and under special measures which guarantee that the data will not be assigned to an identifiable or identified person.
g) Responsible or responsible for the processing
Responsible or responsible for the processing is every natural, legal person, authority, facility or place that decides, alone or in a group, about the reasons and purpose of the processing of personal data. If these reasons and purposes are given by the union law or law of the member states, the responsible person can act according to the rules and regulations of the union law or law of the member states.
h) Order processors
The order processor is any natural, legal person that processes personal data on behalf of the person responsible for the processing.
i) Receiver
The receiver is any natural, legal person, authority, facility or place that has access to the personal data. In this case it does not matter if the receiver is a third party. Authorities that receive data within the borders of investigations do not count as receivers.
j) Third party
Third party is every natural legal person, authority, facility or place except the affected person, the responsible processor, the customer and those who or directly authorized for the processing of the personal data by the customer or a person responsible instead of the customer himself.
k) Consent
Consent is any willing expression of the affected person in form of a declaration or other clear expression of consent in which the affected person expresses that they agree to the processing of their personal data.
3. COOKIES
The websites of tmp GmbH automation & engineering use cookies. Cookies are text files that are stored and saved on a computer via an internet browser. Several websites and servers use cookies. Many of the cookies contain a so-called Cookie-ID. The Cookie-ID is the clear recognition of the cookie. It consists of a row of various signs by which websites and servers can be assigned to the specific browser in which the cookie has been saved. This allows the websites and servers to differentiate the browser from that of a different person’s browser which has saved different cookies. A specific browser can be recognized and identified by the Cookie-ID.
With the use of cookies, tmp GmbH automation & engineering is able to offer a customer friendly website and service which would not be possible without cookies. With the cookie the information and offers on the website can be adjusted in the sense of the user. As we mentioned, cookies allow us to recognize the users of our website. The purpose of this recognition is to make the use of the website as easy as possible. For example, the user of a website that does use cookies does not have to put in the login details every time as the browser saves this data and the website therefore allows a quick login. The same method is applied to online shopping carts which use cookies to remember the items that the customer has stored in them via cookies.
The affected person can stop the use of cookies via the browser settings at any time and therefore prohibit their future use permanently. Set cookies can be erased via the internet browser or other software programs. This is possible in every main internet browsers. Some contents of our website might not be available if the user deactivates the usage of cookies.
4. RECORDING OF GENERAL DATA AND INFORMATION
My website o records general data and information of the user or automated system with every visit of the website. This data is saved on server in log files. The recorded data can include (1) the browser type and version, (2) the software of the accessing device, (3) the website by which the user has been directed to our website (so called referrers), (4) the sub-sites which are directed to our website by the accessing system, (5) the date and time of the access, (6) the IP-address, (7) the internet service provider of the accessing system and (8) similar data and information that serve the protection of our informative technological systems.
With the recording of this data, I do not reconstruct any characteristics of the affected person. The information is required to (1) deliver the content of our website correctly, (2) optimize the content and advertisement of our website, (3) guarantee the constant functionality of our informative technological systems, (4) supply authorities with the required information in case of a cyber-attack. The anonymously recorded data is therefore used by me with the target of developing data protection in the company and deliver an optimized security level with regards to the processed personal data. The recorded data of the log files are stored separately from every information that is given by affected person.
5. CONTACT OPTIONS VIA THE WEBSITE
The website of me contains information that allows a quick electronic contact to our company as well as direct communication with the company which include a general address and the E-Mail address. In case the affected person gets into contact with the person responsible for the processing of the personal data, every information supplied by the affected person will be saved automatically. This voluntarily provided data will be used for the processing and contact with the affected person. The information will not be passed onto third parties.
6. DELETING AND BLOCKING OF PERSONAL DATA
The person responsible for the processing processes and saves personal data only for the time the is needed to achieve the purpose of the saving in case that is intended by the European guidelines and regulations authority or other legislator by laws under which the responsible person acts. If the purpose is achieved or the limit for saving the data is expired, the personal data will be deleted or blocked according to the relevant guidelines, laws and regulations.
7. LEGAL RIGHTS OF THE AFFECTED PERSON
a) Legal right for confirmation
Ever affected person has the right, as granted by the European Regulatory Authority, to require the responsible person for processing to confirm whether personal data relating to him / her is being processed. If an affected person wishes to make use of this right of confirmation, they can contact a co-worker of the person responsible for the processing at any time.
b) Legal right for information
Any person affected by the processing of personal data has the right granted by the European Regulatory Authority, to obtain information from the responsible person for processing free of charge concerning the personal data stored about him/her with a copy of that information. In addition, the European Regulatory Authority has ensured the supply of data with the following information:
· The purpose of processing
· The categories of personal data that is being processed
· The receiver or categories of receivers which have access to the personal data or will have in the future, especially with receivers from third party countries or international organizations
· If possible, the planned time over which the data is saved, if not possible, the criteria by which the saving time is determined.
· The right of changing or deleting personal data or limitation of processing by an authorized person
· If the information has not been given by the affected person, every information about the origin of the information
· The existence of an automated decision process including profiling according to Article 22 paragraph 1 and 4 DS-GVO and – in some cases – clear information about the involved logic of as well as the reach and planned effect of such processing for the affected person.
Furthermore, the affected person has a right of access as to whether personal data has been transmitted to a third country or to an international organization. If this is the case, then the affected person has the right to obtain information about the appropriate guarantees in connection with the transfer. If an affected person wishes to avail himself of this right to information, he may, at any time, contact an employee of the responsible person for processing.
c) Legal right of correction
Any person affected by the processing of personal data has the right granted by the European Regulatory Authority to demand the immediate correction of incorrect personal data concerning them. Furthermore, the affected person has the right to request the completion of incomplete personal data, including by means of an additional declaration, taking into the purposes of the processing into account.
If an affected person wishes to make use of this right of rectification, they may, at any time, contact an employee of the person responsible for the processing.
d) Legal right of deleting (Lega right of being forgotten)
Any person affected by the processing of personal data shall have the right granted by the European Regulatory Authority to require the controller to immediately delete the personal data concerning him, provided that one of the following reasons is satisfied and the processing is not required:
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The personal data has been required for purposes that are not valid anymore or have expired
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The affected person cancels their agreement to the processing according to Article 6 paragraph 1 letter a DS-GVO or Article 9 paragraph 2 letter a DS-GVO and further requirements for processing are not given.
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The affected person objects the processing according to Article 21 Paragraph 1 DS-GVO and there are no further valid reasons for the processing of the data or the affected person objects the processing of the data according to Article 21 Paragraph 2 DS-GVO.
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The personal data has been unlawfully processed
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The deleting is necessary due to an obligation according to union law or law of the member states under which the responsible person acts.
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The personal data has been recorded with regards to services according to Article 8 paragraph 1 DS-GVO
If one of the above reasons is correct and an affected person wishes to arrange for the deletion of personal data stored at tmp GmbH automation & engineering, they may at any time contact an employee of the responsible person for processing. The employee of tmp GmbH automation & engineering will arrange that the request for deletion will be fulfilled immediately. If the personal data have been made public by tmp GmbH automation & engineering and if our company is responsible for deleting personal data as the person responsible according to Art. 17 para. 1 DS-GVO, then tmp GmbH automation & engineering will take the available technology and the implementation costs into account, including technical means to inform other responsible data processors processing the published personal data that the affected person has deleted all links to such personal data or copies and replicas of this personal data, as far as the processing is not necessary. The employee of tmp GmbH automation & engineering will arrange the necessary measures in individual cases.
e) Legal right of limiting the processing
Any person affected by the processing of personal data has the right granted by the European Regulatory Authority to require the person responsible for the processing to restrict the processing if one of the following conditions applies:
· The correctness of the personal data is doubted by the affected person for a time that allows the person responsible for the processing to check the data
· The processing is unlawful, and the affected person does not want the data to be deleted but instead limit the use of the personal data
· The responsible person no longer requires the data, the affected person however needs it to claim legal rights
· The affected person has objected the processing of the data according to Article 21 Paragraph 1 DS-GVO and it is not clear whether or not the reasons for processing of the responsible person outweigh those of the affected person.
If one of the above-mentioned requirements is met and an affected person wishes to request the restriction of personal data stored at tmp GmbH automation & engineering, they can contact an employee of the responsible person for processing at any time. The employee of tmp GmbH automation & engineering will initiate the restriction of processing.
f) Legal right of data portability
Any person affected by the processing of personal data has the right granted by the European Regulatory Authority to receive the personal data concerning him / her provided to the person responsible for the processing by the affected person in a structured, common and machine-readable format. He / She also has the right to transfer this data to another person responsible without hindrance by the responsible person to whom the personal data were provided, given that the processing is based on the consent pursuant to Article 6 Paragraph 1 Letter a DS-GVO or Art. 9 para 2 (a) of the DS-GVO or on a contract pursuant to Article 6 (1) (b) of the DS-GVO and processing by automated means, unless the processing is necessary for the performance of a task of public interest or in the exercise of official authority, which has been assigned to the responsible person.
Furthermore, in exercising their right of data portability under Article 20 Paragraph 1 of the DS-GVO, the affected person has the right to obtain that the personal data is transmitted directly from one responsible person to another, if technically feasible and if so this does not affect the rights and freedoms of others. To assert the right to data portability, the data subject may at any time contact an employee of tmp GmbH automation & engineering.
g) Legal right of objection
Any person concerned by the processing of personal data has the right given by the European Regulatory Authority at any time, for reasons arising from its particular situation, against the processing of personal data relating to it pursuant to Article 6 Paragraph 1 letter e or f DS-GVO takes an objection. This also applies to profiling based on these provisions.
tmp GmbH automation & engineering will no longer process your personal data in the event of an objection, unless we can prove compelling legitimate reasons for the processing that outweigh the interests, rights and freedoms of the person concerned, or the processing serves the purpose of assertion, Exercise or defense of legal claims.
If tmp GmbH automation & engineering processes personal data in order to operate direct mail, the affected person has the right to object at any time to the processing of personal data for the purpose of such advertising. This also applies to the profiling, as far as it is associated with such direct mail. If the affected person objects to tmp GmbH automation & engineering for the purposes of direct marketing, tmp GmbH automation & engineering will no longer process the personal data for these purposes.
In addition, the affected person has the right, for reasons arising from their particular situation, against the processing of personal data relating to them, which is carried out by tmp GmbH automation & engineering for scientific or historical research purposes or for statistical purposes pursuant to Art. 89 para. 1 DS-GVO, objections must be lodged unless such processing is necessary to fulfill a task of public interest.
In order to make use of the right to object, the affected person can directly contact any employee of tmp GmbH automation & engineering or another employee. The affected person is also free, in the context of the use of services, regardless of the Guideline 2002/58 / EC, to make use of his right of opposition by means of automated procedures using technical specifications.
h) Automated decisions in individual cases including profiling
Any person concerned by the processing of personal data has the right, as granted by the European Regulatory Authority, not to be subject to a decision based solely on automated processing, including profiling, which has a legal effect on it or, in a similar manner, significantly affects it; unless the decision (1) is necessary for the conclusion or performance of a contract between the data subject and the responsible person, or (2) permitted by Union or Member State law to which the responsible person is subject, and that legislation provides for appropriate measures to safeguard the rights and freedoms and the legitimate interests of the data subject, or (3) with the express consent of the data subject.
If the decision (1) is required for the conclusion or performance of a contract between the person concerned and the person responsible or (2) it takes place with the express consent of the data subject, tmp GmbH automation & engineering shall take appropriate measures to safeguard the rights and freedoms and the legitimate interests of the affected person, including at least the right to obtain the intervention of a person by the responsible person, to express his / her own position and to challenge the decision.
If the affected person wishes to rely on automated decision-making rights, they may, at any time, contact an employee of the person responsible for processing.
i) Legal right to revoke a data protection consent
Any person affected by the processing of personal data has the right, granted by the European Regulatory Authority, to revoke consent to the processing of personal data at any time.
If the affected person wishes to assert their right to withdraw consent, they may, at any time, contact an employee of the responsible person for processing.
8. DATA PROTECTION IN APPLICATIONS AND IN THE APPLICATION PROCEDURE
The responsible person for processing collects and processes the personal data of applicants for the purpose of processing the application process. The processing can also be done electronically. This is particularly the case if an applicant submits corresponding application documents to the responsible person by electronic means, for example by e-mail or via a web form available on the website. If the responsible person for processing concludes a contract of employment with an applicant, the data transmitted will be stored for the purposes of the employment relationship in accordance with the law. If no employment contract is concluded with the candidate by the responsible person for processing, the application documents will be automatically deleted two months after the announcement of the rejection decision, provided that deletion does not prejudice any other legitimate interests of the responsible person. Other legitimate interest in this sense, for example, a burden of proof in a procedure under the General Equal Treatment Act (AGG).
9. LEGAL BASIS OF PROCESSING
Art. 6 I lit. a DS-GVO serves our company as the legal basis for processing operations in which we obtain consent for a particular processing purpose. If the processing of personal data is necessary to fulfill a contract of which the affected person is a party, as is the case, for example, in processing operations necessary for the supply of goods or the provision of any other service or consideration, processing shall be based on Art. 6 I lit. b DS-GVO. The same applies to processing operations that are necessary to carry out pre-contractual measures, for example in the case of inquiries about our products or services. If our company is subject to a legal obligation which requires the processing of personal data, such as the fulfillment of tax obligations, the processing is based on Art. 6 I lit. c DS-GVO. In rare cases, the processing of personal data may be required 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 his or her name, age, health insurance or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6 I lit. d DS GVO. Ultimately, processing operations could be based on Art. 6 I lit. f DS-GVO. Processing operations that are not covered by any of the above legal bases are based on this legal basis if processing is necessary to safeguard the legitimate interests of our company or a third party, unless the interests, fundamental rights and fundamental freedoms of the person concerned prevail. Such processing operations are particularly permitted because they have been specifically mentioned by the European legislator. In that regard, it considered that a legitimate interest could be assumed if the data subject is a customer of the controller (recital 47, second sentence, DS-GVO).
10. AUTHORIZED INTERESTS IN PROCESSING WHICH ARE PURSUED BY THE RESPONSIBLE OR A THIRD PARTY
Is the processing of personal data based on Article 6 I lit. f DS-GMO our legitimate interest is in conducting our business for the benefit of all of our employees and our shareholders.
11. DURATION FOR WHICH PERSONAL DATA IS STORED
The criteria for the duration of the storage of personal data is the respective statutory storage period. After the deadline, the corresponding data will be deleted, if they are no longer required to fulfill the contract or to initiate a contract.
12. LEGAL OR CONTRACTUAL REGULATIONS FOR THE PROVISION OF PERSONAL DATA; REQUIREMENT FOR CONTRACT; OBLIGATION OF THE PERSON CONCERNED TO PROVIDE THE PERSONAL DATA; POSSIBLE CONSEQUENCES OF NON-REPRODUCTION
We clarify that the provision of personal information is in part required by law (such as tax regulations) or may result from contractual arrangements (such as details of the contractor). Sometimes it might be necessary for a contract to be completed that an affected person provides us with personal data that must subsequently be processed by us. For example, the affected person is required to provide us with personal information when our company concludes a contract. Failure to provide the personal data would mean that the contract with the person concerned could not be closed. Prior to any personal data being provided by the person affected, the affected person must contact one of our employees. Our employee will inform the individual on a case-by-case basis whether the provision of the personal data is required by law or contract or required for the conclusion of the contract, whether there is an obligation to provide the personal data, and what would have resulted from the failure to provide the personal data.
13. EXISTING OF AN AUTOMATED DECISION-MAKING
As a responsible company, we refrain from automatic decision-making or profiling.
This data protection declaration has been provided by the BDSG and DS-GVO data protection generator of the German Data Protection Society, in cooperation with the law firm for media law WILDE BEUGER SOLMECKE | Lawyers.www.wbs-law.de/taetigkeitsgebiete/medienrecht/