The data protection information for the website https://winkelmannconsult.de can be found below.
The person responsible for data processing via this website is
WINKELMANN CONSULT GMBH & CO. KG
Head office Hamburg
Gänsemarkt 45
20354 Hamburg
Phone +49 (0)40 – 411617 – 0
Fax +49 (0)40 – 411617 – 20
E-mail: info@winkelmannconsult.de
Web: www.winkelmannconsult.com
Our data protection officer is
Thilo Noack
Shared IT Professional GmbH & Co. KG
Saebystr. 1
24576 Bad Bramstedt
To assert your rights under data protection law or if you have any questions about the use, collection or processing of your personal data, please contact: info@winkelmannconsult.de
Security and protection of your personal data
We consider it our primary task to maintain the confidentiality of the personal data you provide and to protect it from unauthorised access.
As a company under private law, we are subject to the provisions of the European General Data Protection Regulation (GDPR) and the provisions of the German Federal Data Protection Act (BDSG). We have taken technical and organisational measures to ensure that both we and our external service providers comply with data protection regulations.
Definitions
The legislator requires that personal data be processed lawfully, fairly and in a manner that is comprehensible to the data subject (“lawfulness, fairness and transparency”). To ensure this at , we inform you about the individual legal definitions that are also used in this privacy policy:
1. personal data
“Personal data” means any information relating to an identified or identifiable natural person (hereinafter referred to 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.
2. processing
“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.
3. restriction of processing
“Restriction of processing” is the marking of stored personal data with the aim of restricting its future processing.
4. profiling
“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.
5. pseudonymisation
“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.
6. file system
“File system” means any structured collection of personal data that is accessible according to specific criteria, regardless of whether this collection is organised centrally, decentrally or according to functional or geographical aspects.
7. person responsible
“Person responsible” means a 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.
8. processors
“Processor” means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the person responsible.
9. recipient
“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 enquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
10. third party
“Third party” means a natural or legal person, public authority, agency or body other than the data subject, person responsible, processor and persons who, under the direct authority of the person responsible or processor, are authorised to process personal data.
11. consent
Consent” of the data subject is 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.
Lawfulness of the processing
The processing of personal data is only lawful if there is a legal basis for the processing. The legal basis for the processing may be, in particular, pursuant to Article 6(1)(a) – (f) GDPR:
- The data subject has given their consent to the processing of their personal data for one or more specific purposes;
- processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract;
- processing is necessary for compliance with a legal obligation to which the person responsible is subject;
- processing is necessary in order to protect the vital interests of the data subject or of another natural person;
- processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the person responsible;
- processing is necessary for the purposes of the legitimate interests pursued by the person responsible or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
Information on the collection of personal data
In the following, we provide information about the collection of personal data when using our website. Personal data are e.g. name, address, e-mail addresses, user behaviour.
Collection of personal data when visiting our website
If you use the website for information purposes only, i.e. if you do not register or otherwise provide us with information, we only collect the personal data that your browser transmits to our server. If you wish to view our website, we collect the following data, which is technically necessary for us to display our website to you and to ensure stability and security:
– IP address
– Date and time of the enquiry
– Time zone difference to Greenwich Mean Time (GMT)
– Content of the request (specific page)
– Access status/HTTP status code
– amount of data transferred in each case
– Website from which the request comes
– Browser
– Operating system and its interface
– Language and version of the browser software
After a technical evaluation, this data is deleted immediately. This data collection serves to safeguard our legitimate interests in the correct presentation of our website offering, which are overriding in the context of a balancing of interests, as well as compliance with the EU General Data Protection Regulation in terms of security and confidentiality in accordance with Art. 6 para. 1 lit. f) GDPR.
Use of cookies
In addition to the aforementioned data, cookies are used on your computer when you use and visit our website. Cookies are small data packets that are stored by your browser on your end device to store certain information. The next time you visit our website with the same end device, the information stored in cookies is subsequently sent back to our website (“first party cookie”).
The stored and returned information enables the respective website to recognise that you have already accessed and visited with the browser on your end device. We use this information to optimise the design and display of the website according to your preferences. Only the cookie itself is identified on your end device. Any further storage of personal data will only take place with your express consent or if this is absolutely necessary in order to be able to use the service offered and accessed by you accordingly.
This website uses the following types of cookies, the scope and function of which are explained below:
Strictly necessary cookies
Strictly necessary cookies
Strictly necessary cookies guarantee functions without which you cannot use our websites as intended. These cookies are used exclusively by us and are therefore first party cookies. This means that all information stored in the cookies is sent back to our website.
Strictly necessary cookies are used, for example, to ensure that you as a registered user always remain logged in when accessing various subpages of our website and therefore do not have to re-enter your login details each time you access a new page.
The use of strictly necessary cookies on our website is possible without your consent. For this reason, strictly necessary cookies cannot be deactivated or activated individually. However, you have the option of generally deactivating cookies in your browser at any time (see below).
Legal basis: Art. 6 para. 1 lit. f) GDPR
Contact us
If you send us a message via our website, we will store the data you provide in order to respond to your enquiry. After responding to your enquiry, we will delete the data as long as there are no legal retention periods to the contrary.
The legal basis for this is Art. 6 para. 1 lit. a) GDPR.
Forwarding of data
Personal data is transferred to third parties if the data subject has expressly consented to this in accordance with Art. 6 para. 1 sentence 1 lit. a) GDPR, the transfer is necessary for the establishment, exercise or defence of legal claims in accordance with Art. 6 para. 1 sentence 1 lit. f) GDPR and there is no reason to assume that the data subject has an overriding legitimate interest in the non-disclosure of their data,
there is a legal obligation for the transfer of data pursuant to Art. 6 para. 1 sentence 1 lit. c) GDPR, and/or this is necessary for the fulfilment of a contractual relationship with the data subject pursuant to Art. 6 para. 1 sentence 1 lit. b) GDPR. In other cases, personal data will not be passed on to third parties.
Duration of processing
We only process your data for as long as is necessary to fulfil our contract or applicable legal provisions and to maintain our relationship with you. We will inform you about the specific storage period of the data in the respective description of the individual data processing. If you do not find any specific information on the storage period there, it is not possible for us to specify one because it depends on various individual factors (e.g. the term of the contract, assertion of claims, etc.). In these cases, we base the duration of storage on the principle of data minimisation and proportionality.
Business documents are stored for a maximum of 6 and 10 years in accordance with the provisions of the German Commercial Code and the German Fiscal Code.
As long as you do not object or revoke your consent, we will use your data to maintain and intensify our trusting business relationship for our mutual benefit.
If you wish your data to be deleted, we will delete your data immediately, provided that there are no legal obligations to retain it.
Rights of the data subject
1. revocation of consent
If the processing of personal data is based on consent, you have the right to withdraw your consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
2. right to information
If personal data is processed, you can request information about this personal data and the following information at any time:
a) the purposes of the processing;
b) the categories of personal data that are processed;
c) 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 organisations;
d) where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
e) the existence of a right to rectification or erasure of personal data concerning you or to restriction of processing by the person responsible or a right to object to such processing;
f) the existence of a right of appeal to a supervisory authority;
g) if the personal data are not collected from the data subject, all available information about the origin of the data;
h) 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.
i) If personal data is transferred to a third country or to an international organisation, you have the right to be informed of the appropriate safeguards pursuant to Article 46 GDPR in connection with the transfer. We will provide you with a copy of the personal data that is the subject of the processing. We may charge a reasonable fee based on administrative costs for any further copies you request as an individual. If you make the request electronically, the information shall be provided in a commonly used electronic format, unless otherwise specified. The right to receive a copy in accordance with Article 20 must not adversely affect the rights and freedoms of others.
3. right to rectification and completion
You have the right to obtain from us without undue delay the rectification of inaccurate personal data concerning you. Taking into account the purposes of the processing, you have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
4. right to erasure (“right to be forgotten”)
You have the right to obtain from the person responsible the erasure of personal data concerning you without undue delay and we are obliged to erase personal data without undue delay where one of the following grounds applies:
a) The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
b) The data subject withdraws consent on which the processing is based according to point (a) of Article 6(1), or point (a) of Article 9(2) GDPR, and where there is no other legal ground for the processing.
c) 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.
d) The personal data have been processed unlawfully.
e) The deletion of personal data is necessary to fulfil a legal obligation under Union law or the law of the Member States to which the person responsible is subject.
Where the person responsible has made the personal data public and is obliged pursuant to paragraph 1 to erase the personal data, the person responsible, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform person responsibles which are processing the personal data that the data subject has requested the erasure by such person responsibles of any links to, or copy or replication of, those personal data.
The right to erasure (“right to be forgotten”) does not exist if the processing is necessary:
- to exercise the right to freedom of expression and information;
- for compliance with a legal obligation which requires processing by Union or Member State law to which the person responsible 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 person responsible;
- for reasons of public interest in the area of public health in accordance with Article 9(2)(h) and (i) and Article 9(3) GDPR;
- for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) GDPR in so far as the right referred to in paragraph 1 is likely to render impossible or seriously impair the achievement of the objectives of that processing, or
- for the assertion, exercise or defence of legal claims.
5. right to restriction of processing
You have the right to demand that we restrict the processing of your personal data if one of the following conditions is met:
a) the accuracy of the personal data is contested by the data subject, for a period enabling the person responsible to verify the accuracy of the personal data;
b) the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead;
c) the person responsible no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims, or
d) the data subject has objected to processing pursuant to Article 21(1) GDPR pending the verification whether the legitimate grounds of the person responsible override those of the data subject.
Where processing has been restricted in accordance with the above conditions, such personal data shall, with the exception of storage, only be processed with the data subject’s consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.
6. right to data portability
You have the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format and you have the right to transmit those data to another person responsible without hindrance from the person responsible to which the personal data have been provided, where one of the following applies
a) the processing is based on consent pursuant to Article 6(1)(a) or Article 9(2)(a) or on a contract pursuant to Article 6(1)(b) GDPR, and
b) the processing is carried out by automated means.
When exercising the right to data portability pursuant to para. 1, you have the right to obtain that the personal data be transferred directly from one person responsible to another person responsible, insofar as this is technically feasible. The exercise of the right to data portability does not affect the right to erasure (“right to be forgotten”). This right does not apply to processing 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 person responsible.
7. right of objection
You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on point (e) or (f) of Article 6(1) GDPR, including profiling based on those provisions. The person responsible shall no longer process the personal data unless the person responsible demonstrates 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 personal data are processed for direct marketing purposes, you have the right to object at any time to processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing. If you object to processing for direct marketing purposes, the personal data will no longer be processed for these purposes.
In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you may exercise your right to object by automated means using technical specifications.
You have the right to object, on grounds relating to your particular situation, to processing of personal data concerning you which is carried out for scientific or historical research purposes or for statistical purposes in accordance with Article 89(1), unless the processing is necessary for the performance of a task carried out for reasons of public interest.
You can exercise your right to object at any time by contacting the respective person responsible.
8. right to lodge a complaint with a supervisory authority
Without prejudice to any other administrative or judicial remedy, you also have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if the data subject considers that the processing of personal data relating to him or her infringes this Regulation.
9. right to an effective judicial remedy
Without prejudice to any available administrative or extrajudicial remedy, including the right to lodge a complaint with a supervisory authority pursuant to Article 77 GDPR, you have the right to an effective judicial remedy if you consider that your rights under this Regulation have been infringed as a result of the processing of your personal data in non-compliance with this Regulation.
Data protection information for applicants
We are pleased that you are interested in us and that you are applying or have applied for a position in our company. We would like to provide you with the following information on the processing of your personal data in connection with your application.
Which of your data do we process? And for what purposes?
We process the data that you have sent us in connection with your application in order to check your suitability for the position (or any other open positions in our company) and to carry out the application process.
What is the legal basis for this?
The legal basis for the processing of your personal data in this application procedure is primarily Art. 6 para. 1 lit. b) GDPR.
Accordingly, the processing of data required in connection with the decision on the establishment of an employment relationship is permitted.
Should the data be required for legal prosecution after completion of the application process, data processing may be carried out on the basis of the requirements of Art. 6 GDPR, in particular to safeguard legitimate interests in accordance with Art. 6 para. 1 lit. f) GDPR. Our interest then lies in the assertion or defence of claims.
If special categories of personal data within the meaning of Art. 9 GDPR are processed (e.g. health data), the legal basis is Art. 9 para. 2 lit. b) GDPR in conjunction with. Art. 6 para. 1 lit. b) GDPR.
How long will the data be stored?
Applicants’ data will be deleted after 6 months in the event of rejection.
In the event that you have consented to further storage of your personal data, we will transfer your data to our applicant pool. There the data will be deleted after two years.
If you have been accepted for a position as part of the application process, the data from the applicant data system will be transferred to our personnel information system.
To which recipients is the data passed on?
Your application data will be reviewed by the HR department after receipt of your application. Suitable applications are then forwarded internally to the department managers responsible for the respective open position. The next steps are then agreed. Within the company, only those persons have access to your data who need it for the proper course of our application procedure.
Children
Our services are generally aimed at adults. Persons under the age of 18 should not transmit any personal data to us without the consent of their parents or legal guardians.
Legal effectiveness
If sections or individual terms of this statement are not legal or correct, the content or validity of the other parts remain uninfluenced by this fact.