Data privacy policy

We are very pleased about your interest in our company. Data protection is of a particularly high priority for the management of mabotic. The use of the Internet pages of the mabotic is possible without any indication of personal data. However, if a person concerned wants to use special services of our enterprise via our website, processing of personal data could become necessary. If processing of personal data is necessary and there is no legal basis for such processing, we will generally obtain the consent of the person concerned.

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

As the controller, the mabotic has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. Nevertheless, Internet-based data transmissions can always be vulnerable to security risks, so that absolute protection cannot be guaranteed. For this reason, every person concerned is free to transmit personal data to us by alternative means, for example by telephone.

1. Definitions

The data protection declaration of mabotic is based on the terms used by the European Directive and Ordinance when issuing the 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 terms in this Privacy Policy:

• a) Personal data

  Personal data is any information relating to an identified or identifiable natural person (hereinafter "person concerned"). 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) Person concerned

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

• c) Processing

  Processing means any operation or set of operations 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 consists of using such personal data to evaluate certain personal aspects relating to a natural person, in particular 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 such a way that the personal data can no longer be attributed to a specific person concerned 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 natural person.

• g) Controller or person responsible

  The controller or person responsible for processing is 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 designation may be provided for under Union or Member State law.

• h) Processor

  Processor means 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 natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not a third party. However, public authorities that may receive personal data in the context of a specific investigation mandate under Union or Member State law shall not be considered as recipients.

• j) Third party

  Third party means a natural or legal person, public authority, agency or other body other than the person concerned, the controller, the processor and the persons authorized to process the personal data under the direct responsibility of the controller or the processor.

• k) Consent

  Consent shall mean any freely given indication of the person concerned's wishes for the specific case in an informed and unambiguous manner in the form of a statement or any other unambiguous affirmative act by which the person concerned indicates that he or she consents to the processing of personal data relating to him or her.

2. Name and address of the responsible party

The responsible party 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 of a data protection nature is:

mabotic

Bonner Str.4

51379 Leverkusen

Germany

Tel.: +49 2171 3944591

E-mail: info@mabotic.de

Website: http://mabotic.de

3. Acquisition of general data and information

The website of the mabotic collects a series of general data and information with each call-up of the website by a person concerned 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 accesses our website (so-called referrer), (4) the sub-websites that are accessed via an accessing system on our website, (5) the date and time of an 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 mabotic does not draw any conclusions about the person concerned. 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 mabotic analyzes anonymously collected data and information on one hand, and on the other hand, with the aim of increasing the data protection and data security of our enterprise, to 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 submitted by a person concerned.

4. Contact option via the website

Based on statutory provisions, the website of the mabotic contains information that enables a quick electronic contact 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 person concerned contacts the controller by e-mail or by using a contact form, the personal data transmitted by the person concerned will be stored automatically. Such personal data transmitted on a voluntary basis by a person concerned to the controller will be stored for the purposes of processing or contacting the person concerned. No disclosure of this personal data to third parties will take place.

5. Routine deletion and blocking of personal data

The controller shall process and store personal data of the person concerned only for the period necessary to achieve the purpose of storage or where provided for by the European Directive and Regulation or other legislator in laws or regulations to which the controller is subject.

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

6. Rights of the person concerned

• a) Confirmation right

  Every concerned person subject shall have the right, granted by the European Directive and the Regulation, to obtain confirmation from the controller as to whether personal data concerning him or her are being processed. If a concerned person wishes to exercise this right, he or she may, at any time, contact any employee of the controller.

• b) Right of information

  Any person concerned 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 has granted the person concerned access to the following information:

  • the purposes of processing
  • the categories of personal data that are processed
  • 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
  • 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
  • the existence of a right to obtain the rectification or erasure of personal data concerning him or her, or the restriction of processing by the controller, or a right to object to such processing
  • the existence of a right of appeal to a supervisory authority
  • if the personal data are not collected from the person concerned: All available information about the origin of the data
  • 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 person concerned

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

  If a person concerned wishes to exercise this right of access, he or she may, at any time, contact any employee of the controller.

• c) Right of rectification

  Any person affected by the processing of personal data has the right granted by the European Directive and Regulation to request the immediate rectification of inaccurate personal data concerning him or her. Furthermore, the person concerned has the right, taking into account the purposes of the processing, to request that incomplete personal data be completed, including by means of a supplementary declaration.

  If a person concerned wishes to exercise this right of rectification, he or she may, at any time, contact any employee of the controller.

• d) Right of erasure (right to be forgotten)

  Any person 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 and insofar as the processing is not necessary:

  • The personal data were collected or otherwise processed for purposes for which they are no longer necessary.
  • The person concerned revokes the consent on which the processing was based pursuant to Art. 6(1)(a) DS-GVO or Art. 9(2)(a) DS-GVO and there is no other legal basis for the processing.
  • The person concerned objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the person concerned objects to the processing pursuant to Article 21(2) of the GDPR.
  • The personal data have been processed unlawfully.
  • The deletion of the personal data is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.
  • The personal data was collected in relation to information society services offered pursuant to Art. 8 (1) DS-GVO.

  If one of the aforementioned reasons applies, and a person concerned wishes to arrange for the deletion of personal data stored by the mabotic, he or she may, at any time, contact any employee of the mabotic who is in charge of processing. The employee of the mabotic will arrange for the deletion request to be complied with immediately.

  If personal data has been made public by mabotic and our company as the controller is required pursuant to Art. 17 para. 1 DS-GVO to erase the personal data, mabotic shall 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 person concerned has requested from those other data controllers to erase all links to the personal data or copies or replications of the personal data, unless the processing is necessary. The employee of the mabotic will arrange the necessary in individual cases.

• e) Right to restrict the processing

  Any person 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:

  • The accuracy of the personal data is contested by the person concerned for a period enabling the controller to verify the accuracy of the personal data.
  • The processing is unlawful, the person concerned objects to the erasure of the personal data and requests instead the restriction of the use of the personal data.
  • The controller no longer needs the personal data for the purposes of processing, but the person concerned needs it for the assertion, exercise or defense of legal claims.
  • The person concerned has objected to the processing pursuant to Article 21(1) of the GDPR and it is not yet clear whether the legitimate grounds of the controller override those of the person concerned.

  If one of the aforementioned conditions is met, and a person concerned wishes to request the restriction of personal data stored by the mabotic, he or she may, at any time, contact any employee of the controller. The employee of the mabotic will arrange the restriction of the processing.

• f) Data portability right

  Any person concerned 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 person concerned to a controller, in a structured, commonly used and machine-readable format. He or she also has the right to transmit such 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)(a) of the GDPR or on a contract pursuant to Article 6(1)(b) of the GDPR and that 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 in the exercise of official authority vested in the controller.

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

  To assert the right to data portability, the person concerned may at any time contact any employee of the mabotic.

• g) Right to contradiction

  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 carried out on the basis of Article 6(1)(e) or (f) of the DS-GVO. This also applies to profiling based on these provisions.

  The mabotic shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the person concerned, or for the assertion, exercise or defense of legal claims.

  If the mabotic processes personal data for direct marketing purposes, the person concerned shall have the right to object at any time to processing of personal data processed for such marketing. This also applies to profiling, insofar as it is related to such direct marketing. If the person concerned objects to mabotic to the processing for direct marketing purposes, the mabotic will no longer process the personal data for these purposes.

  In addition, the person concerned has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her which is carried out by the mabotic 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 person concerned may directly contact any employee of the mabotic or another employee. The person concerned is also free, in connection with the use of information society services, notwithstanding Directive 2002/58/EC, to exercise his or her right to object by means of automated procedures using technical specifications.

• h) Automated decisions in individual cases including profiling

  Any person concerned concerned by the processing of personal data shall have the right, granted by the European Directive and the Regulation, not to be subject to a decision based solely 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 person concerned and the controller, or (2) is permitted by Union or Member State law to which the controller is subject, and that law contains suitable measures to safeguard the person concerned's rights and freedoms and legitimate interests, or (3) is based on the person concerned's explicit consent.

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

  If the person concerned wishes to exercise the rights concerning automated decisions, he or she may, at any time, contact any employee of the controller.

• i) Right to revoke consent under data protection law

  Any person affected by the processing of personal data has the right granted by the European Directive and Regulation to withdraw consent to the processing of personal data at any time.

  If the person concerned wishes to exercise the right to withdraw consent, he or she may, at any time, contact any employee of the controller.

7. Data protection during applications and 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. This is the case, in particular, when an applicant submits relevant application documents to the controller by electronic means, for example, by e-mail or via a web form located on the website. If the controller concludes an employment contract with an applicant, the transmitted data will be stored for the 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 notification of the rejection decision, provided that no other legitimate interests of the controller conflict with such deletion. Other legitimate interest in this sense is, for example, a duty to provide evidence in proceedings under the General Equal Treatment Act (AGG).

8. Legal basis of processing

Article 6 I lit. a DS-GVO serves our company as the legal basis for processing operations in 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 person concerned is a party, as is the case, for example, with processing operations that are necessary for the delivery of goods or the provision of another service or consideration, the processing is based on Article 6 I lit. b DS-GVO. The same applies to such processing operations that 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 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 the person concerned 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 party. Then 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 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 party, provided that the interests, fundamental rights and freedoms of the person concerned are not overridden. Such processing operations are permitted to us in particular 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 person concerned is a customer of the controller (recital 47 sentence 2 DS-GVO).

9. Legitimate interests in the processing pursued by the 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 the conduct of our business for the benefit of the well-being of all our employees and our shareholders.

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10. Duration for which the personal data are stored

The criterion for the duration of storage of 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.

11. Legal or contractual requirements to provide the personal data; necessity for the conclusion of the contract; obligation of the person concerned 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 person concerned to provide us with personal data that 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 or her. Failure to provide the personal data would mean that the contract with the person concerned could not be concluded. Before providing personal data by the person concerned, the person concerned must contact one of our employees. Our employee will explain to the person concerned 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.

12. Existence of automated decision making

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

This privacy policy was created by the BDSG and DS-GVO data protection declaration generator of the German Society for Data Protection, in cooperation with the law firm for media law WILDE BEUGER SOLMECKE | Rechtsanwälte.