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 data protection notice, 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?
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 data protection notice, 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).
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Responsible is:
ATRIA M GmbH
Represented by
Marcel Gerlach
Wittelsbacherstr. 20
80469 München
2. What data is processed and from what sources does this data originate?
In the context of contract initiation or processing, on the basis of consent or as part of your application to us or as part of your employment with us. We also process data that we have collected from publicly accessible sources.
Personal data includes:
Your master/contact data, for customers this includes, for example, first and last name, address, contact details (email address, telephone number, fax), bank details. For applicants and employees, this includes, for example, first and last name, address, contact details (email address, telephone number, fax), date of birth, data from CV and references, bank details, religious affiliation.
For business partners, this includes, for example, the name of your legal representatives, company, commercial register number, VAT number, company number, address, contact person contact details (e-mail address, telephone number, fax), bank details.
In addition, we also process the following other personal data:
- Information about the type and content of contract data, order data, sales and receipt data, customer and supplier history as well as consulting documents,
- Advertising and sales data,
- Information from your electronic communication with us (e.g. IP address, log-in 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 customer meetings),
- data that we generate ourselves from master / contact data and other data, such as by means of customer demand and customer potential analyses,
- the documentation of your declaration of consent for the receipt of e.g. newsletters.
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): The processing of your data is carried out for contract processing online or in one of our branches, for the contract processing of your employee in our company. The data is processed in particular when initiating business and when executing the contracts with you.
- to fulfill legal obligations (Art. 6 para. 1 lit.c GDPR): Processing of your data is necessary for the purpose of fulfilling various legal obligations, e.g. from the German Commercial Code or the German Fiscal Code.
- to safeguard 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 our legitimate interests or those of third parties. Data processing for the protection of legitimate interests takes place, for example, in the following cases - advertising or marketing (see no. 4),
- measures for business management and further development of services and products;
- maintaining a group-wide customer database to improve customer service
- in the context of legal prosecution.
- within the scope of your consent (Art. 6 para. 1 lit. a GDPR): If you have given us consent to process your data, e.g. to send you our newsletter.
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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.
We are entitled to use the email address you provided when concluding the contract for direct advertising for our own similar goods or services under the legal requirements of Section 7 (3) of the German Act Against Unfair Competition (UWG). You will receive these product recommendations from us irrespective of whether you have subscribed to a newsletter, and if you do not wish to receive such recommendations from us by e-mail, you can object to the use of your address for this purpose at any time without incurring any costs other than the transmission costs according to the basic rates. A notification in text form is sufficient for this. Of course, an unsubscribe link is always included in every email.
5. Who receives my data?
If we use a service provider in the sense of order 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. These are, for example, IT service providers that we need for the operation and security of our IT system as well as advertising and address publishers for our own advertising campaigns.
Your data is processed in our customer database. The customer database supports the enhancement of the data quality of the existing customer data (duplicate cleansing, moved/deceased indicator, address correction), and enables the enrichment with data from public sources.
This data is made available to the Group companies if necessary for contract processing. The storage of customer data is company-related and separate, whereby our parent company acts as a service provider for the individual participating companies.
In the event of a legal obligation and in the context of legal prosecution, authorities and courts as well as external auditors may be recipients of your data.
In addition, insurance companies, banks, credit agencies and service providers may be recipients of your data for the purpose of initiating and fulfilling contracts.
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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 (e.g. from the German Commercial Code, Tax Code, Home Act or Working Hours Act); in addition, until the end of any legal disputes in which the data is required as evidence.
7. Is personal data transmitted to a third country?
In principle, we do not transmit 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 a right to lodge a complaint in accordance with the requirements of data protection law at any time.
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 rectify or complete it at any time.
Right to erasure: You can request 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 deletion, e.g. in the case of legally regulated retention obligations.
Independent of the exercise of your right to erasure, we will erase your data immediately and completely, provided that there are no legal or statutory retention obligations to the contrary.
Right to restriction of processing:
You can demand that we restrict the processing of your data if
- you dispute the accuracy of the data, for a period of time that enables us to verify the accuracy of the data.
- the processing of the data is unlawful, but you refuse to delete it 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 transmit this data to another controller without hindrance from us;We may transfer this data to another controller without hindrance from us, provided that
- we process this data on the basis of your revocable consent 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 to object: If we process your data on the basis of a legitimate interest, 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 marketing at any time without giving reasons.
To exercise your aforementioned rights, please contact:
info@atria-m.de
Right to lodge a complaint:
If you are of the opinion that we are violating German or European data protection law when processing your data, please contact us to 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 the aforementioned 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?
If it is necessary for the performance of the contract: 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 consequently have to terminate it. However, you are not obliged to give your consent to data processing with regard to data that is not relevant for the fulfillment of the contract or is not required by law.