a) Personal data
Personal data means all information relating to an identified or identifiable natural person (referred to hereafter as “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
A data subject is any identified or identifiable natural person whose personal data is processed by the controller.
Processing means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, 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 processing in the future.
Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
Pseudonymisation means 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 organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
Controller means 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 determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
Processor means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
Recipient means a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients.
j) Third party
Third party means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
Consent of the data subject means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
2. Name and address of the controller
The controller within the meaning of the General Data Protection Regulation, other data protection legislation in the Member States of the European Union and other provisions connected with data protection:
Siewert & Kau Service GmbH
We have appointed a data protection officer for our company:
Friedrich Böhm Consulting e.K.
Friedrich Paul Böhm
Right to lodge a complaint with the responsible supervisory authority
In the event of infringements of the GDPR, data subjects have the right to lodge a complaint with a supervisory authority, in particular in the Member State of their habitual residence, place of work or place of the alleged infringement. The right to lodge a complaint exists without prejudice to any other administrative or judicial remedy.
We may use “cookies” on our websites. Cookies cause no harm to your computer and do not contain any viruses. The purpose of cookies is to provide a more user-friendly, effective and secure web offering for our users. Cookies are small text files that are stored on your computer and saved by your browser.
Most of the cookies we use are “session cookies” which are automatically deleted after your visit. Other cookies remain in your device’s memory until you delete them. These cookies allow us to recognise your browser the next time you visit our website.
Cookies are small text files that are used by websites to make the user experience more efficient.
The law allows us to store cookies on your device if they are strictly necessary for the operation of this site. We require your permission for all other cookie types.
This site uses different types of cookies. Some cookies are placed by third parties who appear on our websites.
Use of Usercentrics
We use the consent management tool Usercentrics from Usercentrics GmbH (Rosenthal 4, 80331, Munich; “Usercentrics”) on our website.
The data processing is carried out to ensure compliance with a legal obligation based on point (c) of Article 6 (1) GDPR.
The documentation of withdrawal of previously granted consent is retained for three years.
4. Collection of general data and information
The website of Siewert & Kau collects a range of general data and information whenever a data subject or an automated system accesses the website. This general data and information is stored in the server’s log files. The following data and information may be collected: (1) the browser types and versions used, (2) the operating system used by the system accessing the website, (3) the website from which an accessing system accesses our website (known as the referrer), (4) the sub-sites which are accessed via an accessing system on our website, (5) the date and time of 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 used to prevent attacks on our information technology systems.
By using this general data and information, Siewert & Kau does not draw any conclusions about the data subject. Rather, this information is needed (1) to correctly deliver the content of our website, (2) to optimise the content of our website as well as the advertising for this website, (3) to guarantee the long-term functionality of our information technology systems and our website technology and (4) to provide the law enforcement authorities with the information necessary for criminal prosecution in the event of a cyber attack. Siewert & Kau analyses this anonymously collected data and information for statistical purposes on the one hand and to improve the level of data protection and data security in our company on the other hand. Our ultimate objective is therefore to guarantee an optimum level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.
5. Storage of data when visiting our website
By visiting our website, the IP address of the data subject which was assigned by the Internet Service Provider (ISP) as well as the date and time of the registration are stored. The purpose of storing this data is to prevent any abuse of our services and also so that we can refer to this data if need be in order to investigate any offences committed. In this respect, the storage of this data is necessary to safeguard the controller. This data is in principle not disclosed to third parties unless there is a legal obligation to do so or unless the data has to be disclosed for criminal prosecution purposes.
The controller shall, at any time, provide details to each data subject upon request about the personal data concerning them which are being stored. Furthermore, the controller shall rectify or erase personal data upon request or indication of the data subject unless this is precluded by statutory retention obligations. All employees of the controller are available to the data subject as contacts in this respect.
6. Contact via the website
The website of Siewert & Kau does not contain any input forms for the storage of personal data.
7. Routine erasure and blocking of personal data
The controller shall process and store personal data of the data subject only for the period necessary to achieve the purpose of storage or in so far as this was stipulated by the EU legislator or by another legislator in laws or regulations to which the controller is subject. If the purpose of storage ceases to apply or if the storage period prescribed by the EU legislator or another competent legislator expires, the personal data shall be routinely blocked or erased in accordance with the legal requirements.
8. Rights of the data subject
a) Right to confirmation
Each data subject has the right granted by the EU legislator to obtain confirmation from the controller as to whether personal data concerning them is processed. If a data subject wishes to avail of this right of confirmation, they may contact an employee of the controller at any time.
b) Right of access
Every data subject has the right granted by the EU legislator to obtain from the controller, at any time and free of charge, access to the personal data concerning them stored by the controller and to obtain a copy of this information. Furthermore, the EU legislator has granted the data subject access to the following information:
- the purposes of the processing
- the categories of personal data concerned
- the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations
- where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period
- the existence of the right to request from the controller rectification or erasure of the personal data concerning the data subject or restriction of processing of the personal data by the controller or to object to such processing
- the right to lodge a complaint with a supervisory authority
- where the personal data are not collected from the data subject, any available information as to their source
- the existence of automated decision-making, including profiling, referred to in Article 22 (1) and (4) GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the 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 an international organisation. Where this is the case, the data subject also has the right to obtain information about the appropriate safeguards relating to the transfer. If a data subject wishes to avail of this right of access, they may contact an employee of the controller at any time.
c) Right to rectification
Every data subject has the right granted by the EU legislator to have inaccurate personal data concerning them rectified without undue delay. Furthermore, taking into account the purposes of the processing, the data subject has the right to have incomplete personal data completed — including by means of providing a supplementary statement.
If a data subject wishes to avail of this right of rectification, they may contact an employee of the controller at any time.
- Right to erasure (right to be forgotten)
Every data subject has the right granted by the EU legislator to obtain from the controller the erasure of personal data concerning them without undue delay where one of the following grounds applies and as long as the processing is not necessary:
- The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
- The data subject withdraws consent on which the processing is based according to point (a) of Article 6 (1) GDPR or point (a) of Article 9 (2) GDPR, and where there is no other legal ground for the processing.
- The data subject objects to the processing pursuant to Article 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21 (2) GDPR.
- The personal data have been unlawfully processed.
- The personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
- The personal data have been collected in relation to the offer of information society services referred to in Article 8 (1) GDPR.
If one of the above-mentioned grounds applies and a data subject wishes to have personal data stored by Siewert & Kau erased, they may contact an employee of the controller at any time. The employee of Siewert & Kau will ensure that the erasure request is fulfilled without undue delay. If Siewert & Kau has made the personal data public and if our company as the controller is obliged to erase the personal data pursuant to Article 17 (1) GDPR, Siewert & Kau, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that was made public that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, in so far as the processing is not required. The employee of Siewert & Kau shall arrange the necessary measures in individual cases.
e) Right to restriction of processing
Every data subject has the right granted by the EU legislator to obtain from the controller restriction of processing where one of the following applies:
The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
The processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead.
The controller no longer needs the data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
The data subject has objected to processing pursuant to Article 21 (1) GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
If one of the above-mentioned conditions applies and a data subject wishes to request restriction of the processing of personal data stored by Siewert & Kau, they may contact an employee of the controller at any time. The employee of Siewert & Kau will arrange the restriction of the processing.
f) Right to data portability
Every data subject has the right granted by the EU legislator to receive the personal data concerning them, which they have provided to a controller, in a structured, commonly used and machine-readable format. They also have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where the processing is based on consent pursuant to point (a) of Article 6 (1) GDPR or point (a) of Article 9 (2) GDPR or on a contract pursuant to point (b) of Article 6 (1) GDPR and the processing is carried out by automated means, provided that the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller. Furthermore, in exercising their right to data portability pursuant to Article 20 (1) GDPR, the data subject has the right to have personal data transmitted directly from one controller to another, where technically feasible and provided this does not adversely affect the rights and freedoms of others.
g) Right to object
Every data subject has the right granted by the EU legislator, on grounds relating to their particular situation, to object at any time to processing of personal data concerning them which is based on point (e) or (f) of Article 6 (1) GDPR, including profiling based on those provisions.
Siewert & Kau shall no longer process the personal data after the objection unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims.
Where Siewert & Kau processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of the personal data for such marketing. This includes profiling to the extent that it is related to such direct marketing. Where the data subject informs Siewert & Kau that they object to the processing of their personal data for direct marketing purposes, Siewert & Kau shall no longer process the personal data for such purposes.
In addition, the data subject has the right, on grounds relating to their particular situation, to object to the processing of personal data concerning them by Siewert & Kau for scientific or historical research purposes or for statistical purposes pursuant to Article 89 (1) GDPR, unless such processing is necessary for the performance of a task carried out for reasons of public interest.
In order to exercise the right to object, the data subject may directly contact any employee of Siewert & Kau or another employee. Furthermore, in the context of the use of information society services, the data subject may, notwithstanding Directive 2002/58/EC, exercise their right to object by automated means using technical specifications.
h) Automated individual decision-making, including profiling
Every data subject has the right granted by the EU 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 as long as the decision (1) is not necessary for entering into, or performance of, a contract between the data subject and the controller, or (2) is not authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests or (3) is not based on the data subject’s explicit consent.
If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the controller or (2) if it is based on the data subject’s explicit consent, Siewert & Kau shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express their point of view and to contest the decision. If the data subject wishes to exercise any rights concerning automated decision-making, they may contact an employee of the controller at any time.
i) Right to withdraw data protection consent
Your explicit consent is required for many data processing operations. You may withdraw any previously provided consent at any time. An informal notification sent to us by e-mail will suffice. The lawfulness of the data processing carried out up to that point remains unaffected by the withdrawal.
Right to object to the collection of data in specific cases and to direct marketing (Article 21 GDPR)
If your personal data are processed for direct marketing purposes, you have the right to object at any time to the processing of your personal data for such marketing. This includes profiling to the extent that it is related to such direct marketing. If you object to such processing, the personal data concerning you will no longer be used for direct marketing purposes (objection pursuant to Article 21 (2) GDPR).
9. Data protection in relation to job applications and the application process
The controller shall collect and process the personal data of job applicants for the purpose of handling the application process. The processing may also be carried out electronically. This is the case in particular if an applicant transmits the corresponding application documents to the controller electronically, for example by e-mail or by means of a web form on the website. If the controller enters into an employment contract with an applicant, the transmitted data will be stored for the purpose of managing the employment relationship in accordance with the legal requirements. If the controller does not enter into an employment contract with the applicant, the application documents shall be automatically erased two months after notification of the rejection decision, provided that no other legitimate interests of the controller preclude the erasure. An example of another legitimate interest in this context would be the burden of proof in proceedings under the German General Equal Treatment Act (AGG).
10. Legal basis for processing
Point (a) of Article 6 (1) GDPR serves as our company’s legal basis for processing operations, whereby 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, when processing operations are necessary for the supply of goods or the performance of another service or counter-performance, the processing is based on point (b) of Article 6 (1) GDPR. The same applies to processing operations which are necessary for taking steps prior to entering into a contract, for example the handling of inquiries regarding our products or services.
If our company is subject to a legal obligation which makes the processing of personal data necessary, for example for the fulfilment of tax obligations, the processing is based on point (c) of Article 6 (1) GDPR.
In rare cases, the processing of personal data could be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor to our company were to become injured and their name, age, health insurance details or other vital information would then have to be passed on to a doctor, a hospital or another third party. In such cases, the processing would be based on point (d) of Article 6 (1) GDPR.
Finally, processing operations can be based on point (f) of Article 6 (1) GDPR. This is the legal basis for processing operations which are not covered by any of the above-mentioned legal grounds, if the processing is necessary to safeguard a legitimate interest of our company or a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject. We are permitted to perform such processing operations in particular because they have been specifically mentioned by the EU legislator. The latter considered that a legitimate interest could be assumed if the data subject is a client of the controller (second sentence of recital 47 GDPR).
11. Legitimate interests in the processing pursued by the controller or a third party
If the processing of personal data is based on point (f) of Article 6 (1) GDPR, our legitimate interest is to carry out our business activity for the well-being of all our employees and our shareholders.
12. Period for which the personal data will be stored
The criteria used to determine the period of storage of personal data is the respective statutory retention period. Once this period expires, the corresponding data are routinely erased provided they are no longer necessary for the performance or initiation of a contract.
13. Statutory or contractual requirements to provide personal data; requirement necessary to enter into a contract; obligation of data subject to provide the personal data; possible consequences of failure to provide such data
We explain to you that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. details of the contractual partner). The conclusion of a contract can sometimes make it necessary for a data subject to provide us with personal data which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data if our company enters into a contract with them. Failure to provide the personal data would mean that our company would be unable to enter into the contract with the data subject. The data subject must contact one of our employees before providing their personal data. Our employee will explain to the data subject in the particular case whether the provision of personal data is required by law or contract or is necessary for entering into the contract, whether there is an obligation to provide the personal data, and which consequences could arise from failure to provide the personal data.
14. Existence of automated decision-making
As a responsible company, we do not use automated decision-making or profiling.
15. Use of Google Analytics
This website uses Google Analytics, a web analytics service of Google Inc. (Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland).
Google Analytics uses “cookies”, in other words text files that are stored on your computer and which analyse your use of the website. The information about your use of this website generated by the cookie is usually transmitted to a Google server in the USA and stored there.
Activation of the IP anonymisation function on this website means, however, that before this happens Google will shorten your IP address in Member States of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. Google will use this information on behalf of the operator of this website to evaluate your use of the website, to compile reports on website activities and to provide additional services connected with use of the website and the internet to the website operator. The IP address transmitted by your browser in connection with Google Analytics is not combined with other Google data.
You can prevent the storage of cookies by adjusting the corresponding setting of your browser software. We must point out, however, that doing this may mean that you are not able to make full use of all the functions of this website. You can also prevent Google’s recording and processing of the data created by the cookie and related to your use of the website (including your IP address) by downloading and installing the browser plugin available at the following link: http://tools.google.com/dlpage/gaoptout?hl=de.
As an alternative to the browser plugin or when using mobile device browsers, you can click on the following link to set an opt-out cookie, which prevents the future collection of data by Google Analytics on this website (this opt-out cookie only works in this browser and only for this domain; if you delete your cookies in this browser, you have to click the following link again: Deactivate Google Analytics.
For general information on Google Analytics and data privacy, see www.google.com/intl/de/analytics/privacyoverview.html.