PREFERENTIAL NOTE
We are very pleased about your interest in our company. The management of TR Germany GmbH attaches great importance to data protection. It is possible to use the TR Germany GmbH website without providing any personal data. However, if a person concerned wishes to use special services of our company via our website, it may be necessary to process personal data. If it is necessary to process personal data and there is no legal basis for such processing, we generally obtain the consent of the person concerned.
The processing of personal data, for example, the name, address, e-mail address or telephone number of a person concerned, is always carried out by the basic data protection regulation and in compliance with the country-specific data protection regulations applicable to TR Germany GmbH. Using this data protection declaration, our company would like to inform the public about the type, scope and purpose of the personal data collected, used and processed by us. Furthermore, this data protection declaration informs affected persons about the rights to which they are entitled.
Nevertheless, Internet-based data transmissions may have security gaps, so that absolute protection cannot be guaranteed. For this reason, every person concerned is free to transmit personal data to us by alternative means, such as by telephone.
1. DEFINITIONS
The data protection declaration of TR Germany GmbH is based on the terminology used by the European legislator for directives and regulations when the basic data protection regulation (DS-GVO) was issued. Our data protection declaration should be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to explain the terms used in advance.
We use the following terms, among others, in this data protection declaration:
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 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 means any identified or identifiable natural person whose personal data are processed by the controller.
c) Processing
Processing is any operation or set of operations, performed with or without the aid of automated means, concerning personal data, such as collection, recording, organization, organization, filing, 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 is the marking of stored personal data to restrict their future processing.
e) Profiling
Profiling is any automated processing of personal data consisting of the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular, to analyse or predict aspects relating to the job performance, economic situation, health, personal preferences, interests, reliability, conduct, whereabouts or change of location of that natural person.
f) Pseudonymization
Pseudonymization is the processing of personal data in such a way that the personal data can no longer be assigned to a specific data subject without the use of additional information, provided that this additional information is kept separately and is subject to technical and organizational measures that ensure that the personal data is not assigned to an identified or identifiable natural person.
g) Controller or data controller
Controller or data controller is the natural or legal person, public authority, agency or any 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 law or by the law of the Member States, the controller or the specific criteria for its designation may be provided for by Union law or by the law of the Member States.
h) Processor
The processor is a natural or legal person, public authority, agency or other body that processes personal data on behalf of the controller.
i) Recipient
The recipient is a natural or legal person, authority, institution or other body to whom personal data are disclosed, whether or not it is a third party. However, public authorities which may receive personal data in the course of a specific investigation mandate under Union or national law shall not be considered as recipients.
j) Third party
A third party is a natural or legal person, public authority, agency or body other than the data subject, the controller, the processor and the persons who, under the direct authority of the controller or the processor, are authorized to process the personal data.
k) Consent
Consent is any freely given, informed and unequivocal expression of the data subject’s will in a specific case, in the form of a statement or other unequivocal affirmative act by which the data subject signifies his or her consent to the processing of personal data relating to him or her.
2. NAME AND ADDRESS OF THE CONTROLLER
The person responsible within the meaning of the Basic Data Protection Regulation, other data protection laws applicable in the member states of the European Union and other regulations of a data protection nature is:
TR Germany GmbH, Otto-Fleck-Schneise 8, 60528 Frankfurt/Main, Germany
Tel.: +49-6027-9790030, E-Mail: mail@tr-germany.com, Website: www.tr-germany.com
3. COOKIES
The internet pages of TR Germany GmbH use cookies. Cookies are text files which are stored on a computer system via an Internet browser.
Numerous Internet pages and servers use cookies. Many cookies contain a so-called cookie ID. Many cookies contain a so-called cookie ID. A cookie ID is a unique identification of the cookie. It consists of a string of characters that can be used to assign Internet pages and servers to the specific Internet browser in which the cookie was stored. This enables the Internet pages and servers visited to distinguish the individual browser of the person concerned from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified by the unique cookie ID.
By using cookies, TR Germany GmbH can provide users of this website with more user-friendly services that would not be possible without the setting of cookies.
Using a cookie, the information and offers on our website can be optimized in the interest of the user. As already mentioned, cookies enable us to recognize the users of our website. The purpose of this recognition is to make it easier for users to use our website. For example, the user of a website that uses cookies does not have to enter his or her access data each time he or she visits the website, because this is done by the website and the cookie stored on the user’s computer system. Another example is the cookie of a shopping cart in the online store. The online store uses a cookie to remember the items that a customer has placed in the virtual shopping cart.
The person concerned can prevent the setting of cookies by our website at any time using a corresponding setting in the Internet browser used and thus permanently object to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via an Internet browser or other software programs. This is possible in all common internet browsers. If the person concerned deactivates the setting of cookies in the Internet browser used, it is possible that not all functions of our website can be used to their full extent.
4. COLLECTION OF GENERAL DATA AND INFORMATION
The website of TR Germany GmbH collects several general data and information every time the website is called up by a person concerned or an automated system. These general data and information are stored in the log files of the server. The (1) browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system accesses our website (the so-called referrer), (4) the sub-websites that are accessed via an accessing system on our website, (5) the date and time of access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system and (8) other similar data and information which serve to prevent danger in the event of attacks on our information technology systems.
When using this general data and information, TR Germany GmbH will not draw any conclusions about the person concerned. Rather, this information is required to (1) deliver the contents of our website correctly, (2) optimize the contents of our website as well as the advertising for it, (3) ensure the permanent operability of our information technology systems and the technology of our website, and (4) provide law enforcement agencies with the information necessary for prosecution in the event of a cyber attack. This anonymously collected data and information are therefore evaluated by TR Germany GmbH on the one hand statistically and also to increase data protection and data security in our company, to ultimately ensure an optimum level of protection for the personal data processed by us. The anonymous data of the server log files are stored separately from all personal data provided by a person concerned.
5. CONTACT POSSIBILITY VIA THE WEBSITE
Due to legal regulations, the website of TR Germany GmbH contains information that enables rapid electronic contact with our company as well as direct 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 is automatically stored. Such personal data transmitted voluntarily by a data subject to the data controller are stored for processing or contacting the data subject. This personal data is not disclosed to third parties.
6. ROUTINE DELETION AND BLOCKING OF PERSONAL DATA
The data controller processes and stores personal data of the data subject only for the time necessary to achieve the purpose of storage or if this is provided for by the European Directive and Regulation Giver or another legislator in laws or regulations to which the data controller is subject.
If the purpose of storage ceases to apply or if a storage period prescribed by the European Directive and Regulation Giver or any other competent legislator expires, the personal data will be blocked or deleted as of a matter of routine and by the law.
7. RIGHTS OF THE PERSONS CONCERNED
a) Right to confirmation
Every data subject has the right, granted by the European Directives and Regulations, to obtain confirmation from the controller as to whether personal data relating to him are being processed. If a data subject wishes to exercise this right of confirmation, he or she may at any time contact any employee of the data controller.
b) Right of access
Every person affected by the processing of personal data has the right, granted by the European Directive and Regulation Giver, to obtain at any time and free of charge information from the data controller about the personal data stored about him and a copy of this information. Furthermore, the European Directive and Regulation Giver has granted the data subject access to the following information:
o the processing purposes
o the categories of personal data, which are processed
o the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular to recipients in third countries or international organizations
o if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration
o the existence of a right of rectification or erasure of personal data relating to him or her or of a right of opposition to or limitation of the processing by the controller
o the existence of a right of appeal to a supervisory authority
o if the personal data are not collected from the data subject: All available information about the origin of the data
o the existence of automated decision-making, including profiling, by Article 22(1) and (4) of the DPA and, at least in these cases, meaningful information about the logic involved and the scope and intended impact of such processing on the data subject
Furthermore, the data subject has the right of information as to whether personal data has been transferred to a third country or an international organization. If this is the case, the data subject shall also have the right to obtain information on the appropriate safeguards in connection with the transfer.
If a data subject wishes to exercise this right of access, he or she may at any time contact any employee of the controller.
c) Right of rectification
Every person affected by the processing of personal data has the right, granted by the European Directives and Regulations, to request the immediate rectification of incorrect personal data concerning him. Furthermore, the data subject has the right to request the completion of incomplete personal data, also using a supplementary declaration, taking into account the purposes of the processing.
If a data subject wishes to exercise this right of rectification, he or she may at any time contact any employee of the controller.
d) Right of cancellation (right to be forgotten)
Any person affected by the processing of personal data has the right, granted by the European Directives and Regulations, to obtain from the controller the immediate deletion of personal data concerning him/her if one of the following reasons applies and if the processing is not necessary:
o The personal data have been collected or otherwise processed for purposes for which they are no longer necessary.
o the data subject withdraws the consent on which the processing was based under Article 6(1)(a) of the DPA or Article 9(2)(a) of the DPA, and there is no other legal basis for the processing (a) of the DPA or Article 9(2)(a) of the DPA, and there is no other legal basis for the processing.
o The data subject objects to the processing under Art. 21(1) DPA and there are no overriding legitimate reasons for the processing, or the data subject objects to the processing under Art. 21(2) DPA.
o The personal data were processed unlawfully.
o The deletion of the personal data is necessary to comply with a legal obligation under Union law or the law of the Member States to which the controller is subject.
o The personal data was collected about information society services offered by Art. 8 Paragraph 1 DS-GVO. Paragraph 1 DS-GVO.
If one of the above reasons applies and a data subject wishes to have personal data stored by TR Germany GmbH deleted, he or she may contact an employee of the data controller at any time. The employee of TR Germany GmbH will ensure that the deletion request is complied with immediately.
If the personal data has been made public by TR Germany GmbH and our company as the responsible party is obliged to delete the personal data by Art. 17 Paragraph 1 DS-GVO, TR Germany GmbH will take reasonable measures, including technical measures, taking into account the available technology and the implementation costs, to inform other data controllers who process the published personal data that the data subject has requested that all links to this personal data or copies or replications of this personal data be deleted by these other data controllers unless the processing is necessary. The employee of TR Germany GmbH will make the necessary arrangements in individual cases.
e) Right to limitation of processing
Any person affected by the processing of personal data has the right, granted by the European Directives and Regulations, to request the controller to limit the processing if one of the following conditions is met:
o The accuracy of the personal data is contested by the data subject, for a period of time that allows the controller to verify the accuracy of the personal data.
o The processing is unlawful, the data subject refuses to have the personal data deleted and instead requests the restriction of the use of the personal data.
o The controller no longer needs the personal data for the processing, but the data subject needs them to assert, exercise or defend legal claims.
o The data subject has objected to the processing by Art. 21 (1) and it is not yet clear whether the justified reasons of the controller outweigh those of the data subject.
If one of the above-mentioned conditions is met and a data subject wishes to request the restriction of personal data stored at TR Deutschland GmbH, he or she may contact an employee of the data controller at any time. The employee of TR Germany GmbH will arrange for the restriction of the processing.
f) Right to data transferability
Any person affected by the processing of personal data has the right, granted by the European Directives and Regulations, to receive the personal data concerning him/her, which have been provided by the data subject to a data controller, in a structured, common and machine-readable format. He/she also has the right to have this data communicated to another controller without hindrance by the controller to whom the personal data has been made available, provided that the processing is based on the consent under Art. 6 paragraph 1 letter a DPA or Art. 9 paragraph 2 letter a DPA or on a contract under Art. 6 paragraph 1 letter b DPA and that the processing is carried out with the aid of automated procedures unless the processing is necessary for the performance of a task carried out in the public interest or the exercise of official authority vested in the controller. (a) of the DPA or Article or Art. 9 paragraph 2 letter a DPA or on a contract under Art. 6 paragraph 1 letter b DPA and that the processing is carried out with the aid of automated procedures unless the processing is necessary for the performance of a task carried out in the public interest or the exercise of official authority vested in the controller.
Also, when exercising their right to data transfer under Art. 20 Paragraph 1 DS-GVO, the data subject has the right to obtain that personal data be transferred directly from one controller to another controller, insofar as this is technically feasible and provided that this does not adversely affect the rights and freedoms of other persons.
To assert the right to data transferability, the person concerned can contact an employee of TR Germany GmbH at any time.
g) Right of objection
Every person affected by the processing of personal data has the right, granted by the European Directive and Regulation Giver, to object at any time, for reasons arising from his or her particular situation, to the processing of personal data concerning him or her that is carried out based on Art. 6 (1)(e) or (f) of the DPA. This also applies to profiling based on these provisions.
In the event of an objection, TR Germany GmbH will no longer process the personal data unless we can prove compelling reasons for processing worthy of protection that outweigh the interests, rights and freedoms of the person concerned, or the processing serves to assert, exercise or defend legal claims.
If TR Germany GmbH processes personal data to carry out direct advertising, the person concerned has the right to object at any time to the processing of personal data for such advertising. This also applies to profiling, insofar as it is connected with such direct advertising. If the data subject objects to TR Germany GmbH processing for direct advertising, TR Germany GmbH will no longer process the personal data for these purposes.
Also, the data subject has the right to object, for reasons arising from his or her particular situation, to the processing of personal data concerning him or her that is carried out at TR Germany GmbH for scientific or historical research purposes or statistical purposes by Art. 89 (1) DS-GVO, 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 directly contact any employee of TR Germany GmbH or any other employee. The data subject is also free to exercise his/her right of objection in connection with the use of information society services, notwithstanding Directive 2002/58/EC, using automated procedures involving technical specifications.
h) Automated case-by-case decisions including profiling
Every person concerned by the processing of personal data has the right, granted by the European Directives and Regulations, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or significantly similarly affects him or her, provided that the decision (1) is not necessary for the conclusion or performance of a contract between the data subject and the controller, or (2) is authorised by Union or national legislators to which the controller is subject and such legislation provides for adequate safeguards of the rights and freedoms and legitimate interests of the data subject, or (3) is taken with the explicit consent of the data subject.
If the decision (1) is necessary for the conclusion or performance of a contract between the data subject and the controller or (2) is taken with the express consent of the data subject, TR Germany GmbH shall take appropriate measures to safeguard the rights and freedoms as well as the legitimate interests of the data subject, which shall include at least the right to obtain the intervention of a person from the controller, to put forward his point of view and to challenge the decision.
If the data subject wishes to exercise rights relating to automated decisions, he or she may at any time contact any employee of the controller.
i) Right to revoke a data protection consent
Every person affected by the processing of personal data has the right granted by the European Directive and Regulation Giver to revoke his or her consent to the processing of personal data at any time.
If the data subject wishes to exercise his or her right to withdraw consent, he or she may contact an employee of the data controller at any time.
8. LEGAL BASIS OF THE PROCESSING
Art. 6 I lit. a DS-GVO a DS-GVO serves our company as a legal basis for processing operations for 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 necessary for the supply of goods or the provision of another service or consideration, the processing is based on Art. 6 I lit. b DS-GVO. b DS-GVO. The same applies to such processing operations which are necessary for the implementation of pre-contractual measures, for example in cases of inquiries about our products or services. If our company is subject to a legal obligation which makes it necessary to process personal data, for example, to fulfil tax obligations, the processing is based on Art. 6 I lit. c DS-GVO. In rare cases, the processing of personal data may be 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 company was injured and his name, age, health insurance details or other vital information had to be passed on to a doctor, hospital or another third party. In this case, the processing would be based on Art. 6 I lit. d DS-GVO. Finally, processing operations could be based on Art. 6 I lit. f DS-GVO. Processing operations which are not covered by any of the above legal bases are based on this legal basis if the processing is necessary to safeguard a legitimate interest of our company or a third party, provided that the interests, fundamental rights and freedoms of the data subject do not prevail. We are permitted to carry out such processing operations in particular because they have been specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the data subject is a customer of the person responsible (Recital 47 Sentence 2 DS-GVO).
9. LEGITIMATE INTERESTS IN PROCESSING PURSUED BY THE DATA CONTROLLER OR A THIRD PARTY
If the processing of personal data is based on Article 6 I lit. f DS-GVO, our legitimate interest is to carry out our business activities for the benefit of the well-being of all our employees and our shareholders.
10. DURATION FOR WHICH PERSONAL DATA IS SECURED
The criterion for the duration of storage of personal data is the respective legal retention period. After this period has expired, the corresponding data is routinely deleted if it is no longer required for the fulfilment or initiation of a contract.
11. LEGAL OR CONTRACTUAL PROVISIONS ON THE PROVISION OF PERSONAL DATA; NECESSITY FOR THE CONCLUSION OF THE CONTRACT; OBLIGATION OF THE PERSONS CONCERNED TO PROVIDE THE PERSONAL DATA; POSSIBLE CONSEQUENCES OF NOT PROVIDING THE DATA
We would like to inform you that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual regulations (e.g. information on the contractual partner). Sometimes it may be necessary for a contract to be concluded that a person concerned provides us with personal data, which must subsequently be processed by us. For example, the person concerned is obliged to provide us with personal data if our company concludes a contract with him/her. Failure to provide personal data would mean that the contract with the person concerned could not be concluded. Before the person concerned makes personal data available, the person concerned must contact one of our employees. Our employee will inform the data subject on a case-by-case basis whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and what the consequences would be if the personal data were not provided.
12. EXISTENCE OF AUTOMATED DECISION MAKING
As a responsible company, we avoid automatic decision making or profiling.
This privacy policy was created by the DGD Deutsche Gesellschaft für Datenschutz GmbH in cooperation with the media law firm WILDE BEUGER SOLMECKE.
– January 02, 2019 –
