Privacy Policy

We are very pleased about your interest in our company. Data protection is a particularly high priority for the management of Dibau GmbH. The use of the internet pages of the Dibau GmbH impossible without any indication of personal data. However, if a data subject wants to use a special service of our enterprise via our website, processing of personal data is necessary and there is no legal basis for such processing, we will generally obtain the consent of the data subject.

The processing of personal data such as the name, address, e.mail address or telephone number of a data subject shall always be in line with the country-specific data protection regulations applicable to the Dibau GmbH. By means of this data protection declaration, our company would like to inform the public about the nature, scope and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed of their rights by means of this data protection declaration.

The Dibau GmbH has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, internet-based data transmission can always be vulnerable to security risks, consequently absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us by alternative means for example by telephone.

 

1. Definitions

The data protection declaration of Dibau GmbH is based on the terms used by the European directive and ordinance when issuing the general data protection regulation (DS-GVO). 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 term, among others, in this privacy policy:

 

a) personal data

Personal data is any information relating to an identified or identifiable natural person (hereinafter “data subject”). An identifiable neutral 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 more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

 

b) data subject

Data subject is any identified or identifiable natural person whose personal data are processed by the controller.

 

c) processing

Processing is any operation or set of operation which is performed upon personal data, whether or not by automatic means, such as collection, recording, 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 with the aim of limiting their future processing.

 

e) profiling

Profiling is any type of automated processing of personal data that consist of using personal data to evaluate certain personal aspects relating to a natural person. Particularly to analyze or predict aspects relating to that natural person’s job performance, economic situation, health, personal preferences, interests, reliability, behavior, location or change of location.

 

f) pseudonymization

Pseudonymization is the processing of personal data in a way that the personal data con no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separate and is subject to technical and organizational measures to ensure that the personal data is not attributed to an identified or identifiable neutral person.

 

g) liable person or person for processing

The liable person or the responsible person for processing is the natural or legal person, public authority, agency or else which alone or determines with others or alone the purposes and means of the processing of personal data. If the purposes and means of processing are determined by Union or Member State law, the controller or specific criteria for its designation may be provided for under Union or Member State law.

 

h) processor

A processor is a natural or legal person, public authority, agency or other body that processes personal data on behalf of the controller.

 

i) recipient

A recipient is a neutral or legal person, public authority, agency or other places to whom personal data are disclosed, whether or not a third part. However, public authorities that may receive personal data in the context of a specific investigative task under Union or Member State law should not be considered as recipients.

 

j) third part

A third part is a natural or legal person, public authority, agency or other place than the data subject, the controller, the processor and the persons authorized the personal data under the direct responsibility of the controller or the processor.

 

k) consent

Consent is any declaration of intent voluntarily given by the data subject in an informed manner and unequivocal affirmative action with which the data subject indicates that they consent to the processing of their personal data is.

 

2. name and address of the controller

The controller within the meaning of the general data protection regulation, other data protection laws applicable in the Member States of the European Union and other provisions with data protection character is the:

Dibau GmbH
Gewerbepark A 10
92364 Deining

Fon +49 9184 80955-0
Fax +49 9184 80955-99

info@dibau.com

 

3. cookies

The internet pages of Dibau GmbH uses cookies. Cookies are text files that 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. A cookie ID is a unique identifier of the cookie. It consists of a string of characters by which internet pages and servers can be assigned to the specific internet browser in which the cookie was stored. This enables the visited internet pages and servers to identify the individual browser of the data subject from other internet browsers that contain other cookies. A specific internet browser can be recognized and identified via the unique cookie ID.

Through the use of cookies the Dibau GmbH can provide the users of this website with more user-friendly services that would not be possible without the cookie setting.

By means of a cookie, the information and offers on our website can be optimized in the sense of the user. Cookies allow us, as already mentioned, to recognize the users of our website. The purpose of this recognition is to make it easier for users our website. For example, the user of a website that uses cookies does not have to reenter his or her access data each time he or she visits the website, because this is hardly by the website and the cookie stored on the user’s computer system. Another example is the cookie of a shopping cart in an online store. The online store uses cookies to remember the items that a customer has placed in the virtual shopping cart.

The data subject can prevent the setting of cookies by our website at any time by means of an appropriate setting of 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 internet browser or other software programs. This is possible in all common internet browsers. If the data subject deactivates the setting of cookies in the internet browser used, not all functions of our website may be fully usable.

 

4. collection of general data and information

The website of the Dibau GmbH collects a series of general data and information with each call-up of the website by a data subject or automated system. This general data and information is stored in the log files of the server. The following data may be collected: (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system access our website (so-called referrer), (4) the sub-websites that are accessed via an accessing system on our website, (5) the data 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 that serve to avert danger in the event of attacks on our information technology systems.

When using these general data and information, the Dibau GmbH does not draw any conclusions about the data subject. Rather, this information is needed (1) to deliver the contents of our website correctly, (2) to optimize the contents of our website and the advertising for these, (3) to ensure the long-term functionality of our information technology systems and the technology of our website, and (4) to provide law enforcement authorities with the information necessary for prosecution in the event of a cyber-attack. Therefore, the Dibau GmbH analyzes anonymously collected data and information on one hand and on the other hand, with the aim or increasing data protection and data security or our enterprise so that we can ultimately ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from any personal data provided by a data subject.

 

5. contact possibility via the website 

Based on statutory provisions, the website of the Dibau GmbH contains information that enables a quick electronic contract to our enterprise, as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the controller by e-mail or by using a contact from the personal data transmitted by the data subject will be stored automatically. Such personal data transmitted on a voluntary basic by a data subject to the controller will be stored for the purposes of processing or contacting the data subject. No disclosure of this personal data to third parts will take place.

 

6. routine erasure and blocking of personal data

The person responsible for the processing processes and stores personal data of the data subject only for the period of time that is necessary to achieve the storage purpose or if this is specified by the European directives and regulations or another legislator in law or regulations, which the person responsible for the processing is subject to, was provided.

If the storage purpose ceases to apply or if a storage period prescribed by the European directive and regulation marker or another competent legislator expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.

 

7. rights of the data subject


 

a) right to confirmation

Every data subject has the right granted by the European directive and regulation to request confirmation from the controller as to whether personal data concerning them are being processed. If a person concerned wishes to exercise this right to confirmation, they can contact our data protection officer or another employee of the person responsible for processing at any time.

b) right of access

Any person affected by the processing of personal data has the right granted by the European directive and regulation to obtain at any time from the controller, free of charge, information about the personal data stored about him or her and a copy of that information. Furthermore, the European directive and regulation legislator has granted the data subject access to the following information:

Furthermore, the data subject has a right to information as to whether personal data have been transferred to a third country or to an international organization. If this is the case, the data subject as well has the right to obtain information about the appropriate safeguards in connection with the transfer.

If this person wants to make use of this right of access, he or she may, at any time, contact our data protection officer or another employee of the controller.

  1. The purpose of processing
  2. The categories of personal data processed
  3. The recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular in the case of recipients in third countries or international organizations
  4. If possible, the planned duration which the personal data will be stored or, if this is not possible, the criteria for determining this duration
  5. The existence of a right to obtain the rectification or erasure of personal data concerning him or her, or to obtain the restriction of processing by the controller, or a right to object to such processing
  6. The existence of a right of appeal to a supervisory authority
  7. If the personal data are not collected from the data subject: any available information about the origin of the data
  8. The existence of automated decision-making, including profiling, pursuant to article 22(1) and (4) of the GDPR and, at least in these cases, meaningful information about the logic involved and the scope and intended effects of such processing for the data subject

 

c) right to rectification

Every person affected by the processing of personal data has the right granted by the European directive and regulation to demand the immediate rectification to inaccurate personal data concerning him or her. Furthermore, the data subject has the right to request the completion of incomplete personal data – even by means of a supplementary declaration – taking into account the purposes of the processing.

If a data subject wishes to exercise this right to rectify, he or she may, at any time, contact our data protection officer or another employee of the controller.

 

d) right to erasure (right to be forgotten)

Any data subject concerned by the processing of personal data has the right, granted by the European directive and regulation, to obtain from the controller the erasure without delay of personal data concerning him or her, where one of the following reasons applies if the processing is not necessary:

If one of the aforementioned reasons applies, and the data subject wishes to arrange for the erasure of personal data stored by the Dibau GmbH, he or she may, at any time, contact our data protection officer or another employee of the controller. The data protection officer of the Dibau GmbH or another employee shall arrange for the erasure request to be complied with immediately.

If the personal data has been made public by the Dibau GmbH and our company as the responsible part is obliged to delete the personal data pursuant to article 17 § 1 GDPR to erase personal data, the Dibau GmbH should implement reasonable measures, including technical measures, taking into account the available technology and the cost of implementation, in order to inform other data controllers which process the published personal data that the data subject has requested from those other data controllers to erase all links to or copies or replications of the personal data, unless the processing necessary. The data protection officer of the Dibau GmbH or another employee will arrange the necessary in individual cases.

  1. The personal data were collected or otherwise processed for such purposes for which they are no longer necessary.
  2. The data subject withdraws his or her consent on which the processing was based pursuant to article 6(1)(a) GDPR or article 9(2)(a) GDPR and there is no other legal basis for the processing.
  3. The data subject objects to the processing pursuant to article 21(1) GDPR and there are no overriding legitimate reasons for the processing, or the data subject objects to the processing pursuant to article 21(2) GDPR.
  4. The personal data has been processed unlawfully.
  5. The erasure of the personal data is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.
  6. The personal data has been collected in relation to information society services offered pursuant to article 8(1) of the GDPR.

 

e) right to restriction of processing

Any data subject concerned by the processing of personal data has the right, granted by the European directive and regulation, to obtain from the controller the restriction of processing if one of the following conditions is met:

If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of personal data stored by the Dibau GmbH, he or she may, at any time, contact our data protection officer or another employee of the controller. The data protection officer of the Dibau GmbH or another employee will arrange the restriction of the processing.

  1. 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.
  2. The processing in unlawful, the data subject objects to the erasure of the personal data and requests instead the restriction of the use of the personal data.
  3. The controller no longer needs the personal data for the purposes of the processing, but the data subject needs it for the assertion, exercise or defense of legal claims.
  4. The data subject has objected to the processing pursuant to article 21(1) of the GDPR and it is not yet clear whether legitimate reasons of the controller override/ overweight those of the data subject.

 

f) right to data portability

Any person affected by the processing of personal data has the right granted by the European directive and regulation to receive the personal data concerning him or her, which have been provided by the data subject to a controller, in a structured, commonly used and machine- readable format. He or she as well has the right to transmit this data to another controller without hindrance from the controller to whom the personal data have been provided, provided that the processing is based on consent pursuant to article 6(1)(a) of the GDPR or article 9(2) of the GDPR or an contract pursuant to article 6(1)(b) of the GDPR and the processing is carried out by automated means, 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.

Furthermore, when exercising the right to data portability pursuant to article 20(1) of the GDPR, the data subject shall have the right to obtain that the personal data be directly transferred from one controller to another controller where technically feasible and provided that this does not adversely affect the rights and freedoms of other individuals.

In order to assert the right to data portability, the data subject may at any time contact the data protection officer appointed by the Dibau GmbH or another employee.

 

g) right to object

Any person affected by the processing of personal data has the right granted by the European directive and regulation to object at any time, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her which is carried out on the basis of article 6(1)(e) or (f) of the GDPR. This also applies to profiling based on these provisions.

The Dibau GmbH should no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate reasons for the processing which override/ overweight the interests, rights and freedoms of the data subject, or for the assertion exercise or defense of legal claims.

Verarbeitet die Dibau GmbH personenbezogene Daten, um If the Dibau GmbH processes personal data for the purpose of direct marketing, the data subject should have the right to object at any time to processing of personal data processed for such marketing. This even applies to the profiling, considering that it is related to such direct marketing. If the data subject objects to the Dibau GmbH to the processing for direct marketing purposes, the Dibau GmbH will no longer process the personal data for these purposes.

In addition, the data subject has the right, on reasons relating to his or her particular situation, to object to processing of personal data concerning him or her which is carried out by the Dibau GmbH for scientific or historical research purposes, or for statistical purposes pursuant to article 89(1) of the Data Protection Regulation, unless such processing is necessary for the performance of a task carried out in the public interest.  

In order to exercise the right to object, the data subject may directly contact the data protection officer of the Dibau GmbH or another employee. The data subject is also free to exercise his/ her right to object in connection with the use of information society services, regardless directive 2002/ 58/ EC, by means of automated procedures using technical specifications.

 

 

h) automated decisions in individual cases including profiling

Any data subject concerned by the processing of personal data should have the right, granted by the European directive and regulation, not to be subject to a decision based only on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her, unless the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) is permitted by Union or Member State law to which the data controller is subject and that law contains suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is based on the data subject’s explicit consent.

If the decision (1) for entering or the performance for a contract between the data subject and the data controller is necessary, or (2) it is made with the data subject’s explicit consent, the Dibau GmbH should implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, which include at least the right to obtain the data subject’s involvement on the part of the controller, to express his or her point of view and to contest the decision.

If the data subject wishes to exercise the rights concerning automated decisions, he or she may, at any time, contact our data protection officer or another employee of the controller.

 

i) right to withdraw consent under data protection law

Every person affected by the processing of personal data has the right, granted by the European directive and regulation-maker, to withdraw consent to the processing of personal data at any time.

 If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact out data protection officer or another employee of the controller.

 

8. Data protection for applications and in the application process

The controller collects and processes the personal data of applicants for the purpose of handling the application procedure. The processing may also take place electronically. Particularly if an applicant submits relevant application documents to the controller by electronic means, for example by e-mail or via web from located on the website. If the controller concludes an employment contract with an applicant, the transmitted data will be stored for purpose of processing the employment relationship in compliance with the statutory provisions. If the controller does not conclude an employment contract with the applicant, the application documents will be automatically deleted two months after the notification on the rejection decision, unless other legitimate interests of the controller prevent such deletion. Other legitimate interest in this case is, for example, a duty to provide evidence in proceedings according to 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 specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is a part, for example, with processing operations that are necessary for a delivery of goods or the provision of another service or consideration, the processing is based on art. 6 I a DS-GVO. The same applies to such processing operations that are necessary for the implementations of precontractual measures, for example in cases of inquiries about our products or services. If our company is subject to a legal obligation by which a processing of personal data becomes necessary, such as for 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 might become necessary to protect vital interests of data subject or another natural person. This would be the case, for example if a visitor were to be injured on our premises and as a result his or her name, age, health insurance data or other vital information had to be passed on to a doctor, hospital or other third part. In this case the processing would be based on art. 6 I lit. d DS-GVO. The processing operations could be based on art. 6 I lit f DS-GVO. Processing operations that are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to protect a legitimate interest of our company or a third part, provided that the interests, fundamental rights and freedoms of the data subject are not overridden. This processing operations are permitted to use because they were 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 controller (recital 47 sentence 2 DS-GVO).

 

10. legitimate interest in the processing pursued by the controller or a third part

If the processing of personal data is based on art. 6 I lit. f DS-GVO, our legitimate interest is the performance of our business activities for the benefit of the well-being of all our employees and our shareholder.

 

11. duration for which the personal data are stored

The criterion for the duration of the storage of the personal data is the respective statutory retention period. After expiry of the period, the corresponding data is routinely deleted, provided that it is no longer required for the fulfillment or initiation of the contract.

 

12. legal or contractual requirements to provide the personal data; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of non-provision

We would like to inform you that the provision of personal data is partly required by law (e.g. tax regulations) or may also result from contractual regulations (e.g. information on the contractual partner). Sometimes, in order to conclude a contract, it may be necessary for a data subject to provide us with personal data that must subsequently by processed by us. For example, the data subject is obligated to provide us with personal data if our company concludes a contract with him or her. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Before providing personal data by the data subject, the data subject must contact our data protection officer. Our data protection officer 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 of not providing the personal data would be.

 

13. existence of automated decision making

As a responsible company, we do not use automated decision-making or profiling.

This privacy statement was created by the privacy statement generator of the external DPO Hannover in cooperation with RC GmbH, which recycles used notebooks and the file sharing lawyers of WBS-LAW creates.