We are very pleased about your interest in our company. Data protection has a particularly high priority for the management of Helmut Esselmann GmbH & Co. KG. The use of the website pages of Helmut Esselmann GmbH & Co. KG is possible without any indication of personal data. However, if a data subject wants to use special enterprise services via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the data subject.
As the party responsible for processing, the Helmut Esselmann GmbH & Co. KG has implemented numerous technical and organisational measures to ensure the most complete protection of personal data processed through this website. Nevertheless, Internet-based data transmissions can always have security gaps, so that absolute protection cannot be guaranteed. For this reason, every data subject is free to submit personal data to us by alternative means, for example by telephone.
1. Definitions of terms
a) Personal data
Personal data means 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 to 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 party responsible for processing.
Processing is any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organisation, 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 restricting their future processing.
Profiling is any form of automated processing of personal data which consists in using such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or change of location.
Pseudonymisation is the processing of personal data in such a way 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 which ensure that the personal data are not attributed to an identified or identifiable natural person.
g) Controller or Party/Person responsible for the processing
The controller or the person or party 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 under Union or Member State law.
h) Data processor
Data processor means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
Recipient means a natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not a third party. However, 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 data subject, the controller, the processor and the persons authorised to process the personal data under the direct responsibility of the controller or the data processor.
Consent shall mean any freely given specific and informed indication of the data subject’s wishes in the form of a statement or other unambiguous affirmative act by which the data subject signifies his or her agreement to the processing of personal data relating to him or her.
2. Name and address of the party responsible for processing
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:
Esselmann Fahrzeugbau GmbH & Co. KG
Bodywork and vehicle plant
Oberster Kamp 21
Tel.: +49 2385 708708-0
3. Name and address of the data protection officer
The data protection officer of the controller is:
Mr. Dirk Remke
S + G Webservices UG
(haftungsbeschränkt) & Co. KG
Any data subject may contact our data protection officer directly at any time with any questions or suggestions regarding data protection.
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 an 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.
5. Collection of general data and information
The website of the Helmut Esselmann GmbH & Co. KG 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 server’s log files. 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 which are accessed via an accessing system on our website, (5) the date and time of access to the website, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system and (8) other similar data and information that serve to avert danger in the event of attacks on our information technology systems.
When using these general data and information, the Helmut Esselmann GmbH & Co. KG does not draw any conclusions about the data subject. This information is rather required in order to (1) correctly deliver the contents of our website, (2) optimise the contents of our website as well as the advertising for these, (3) ensure the permanent functionality of our information technology systems and the technology of our website as well as (4) to provide law enforcement authorities with the information necessary for prosecution in the event of a cyber attack. The data and information collected anonymously is therefore evaluated by the Helmut Esselmann GmbH & Co. KG on the one hand statistically, and on the other hand with the aim of increasing the data protection and data security of 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.
6. Registration on our website
The data subject has the possibility to register on the website of the party responsible for processing by providing personal data. Which personal data is transmitted to the controller in the process is determined by the respective input mask used for registration. The personal data entered by the data subject shall be collected and stored exclusively for internal use by the controller and for its own purposes. The controller may arrange for the data to be transferred to one or more processors, for example a parcel service provider, who will also use the personal data exclusively for an internal use attributable to the controller.
By registering on the website of the controller, the IP address assigned by the internet service provider (ISP) of the data subject, the date and the time of registration are also stored. This data is stored in view of the fact that this is the only way to prevent misuse of our services and, if necessary, to enable us to clarify criminal offences that have been committed. In this respect, the storage of this data is necessary to safeguard the party responsible for processing. As a matter of principle, this data is not passed on to third parties unless there is a legal obligation to pass it on or the passing on serves the purpose of criminal prosecution.
The registration of the data subject by voluntarily providing personal data serves the purpose of the controller to offer the data subject content or services which, by their nature, can only be offered to registered users. Registered persons are free to modify the personal data provided during registration at any time or to have it completely deleted from the controller’s database.
Upon request, the controller shall provide any data subject at any time with information on what personal data are stored about the data subject. Furthermore, the controller shall correct or delete personal data at the request or indication of the data subject, provided that this does not conflict with any legal obligation to retain the data. The entire staff of the controller shall be available as contact persons for the data subject in this context.
7. Routine deletion and blocking of personal data
The controller shall process and store personal data of the data subject only for the time 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 purpose of storage no longer applies or if a storage period prescribed by the European or another competent legislator expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.
8. Rights of the data subject
a) Right to confirmation
Every data subject shall have the right, granted by the European regulator and legislator, to obtain confirmation from the controller as to whether personal data concerning him or her 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 party responsible for processing.
b) Right to information
Any data subject concerned by the processing of personal data shall have the right, granted by the European regulator and legislator to obtain at any time from the controller, free of charge, access to and a copy of the personal data relating to him or her which have been stored. Furthermore, the European regulator and legislator has granted the data subject 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 organisations
- 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 them or to obtain 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 data subject: All available information on 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 data subject
- Furthermore, the data subject has the right to be informed whether personal data have been transferred to a third country or to an international organisation. If this is the case, the data subject shall also have the right to obtain information on the appropriate assurances in connection with the transfer.
If a data subject wishes to exercise this right to information, he or she may, at any time, contact any employee of the controller.
c) Right of rectification
Any data subject affected by the processing of personal data has the right granted by the European regulator and legislator to request the rectification without delay of inaccurate personal data concerning him or her. Furthermore, the data subject shall have the right, taking into account the purposes of the processing, to request the completion of incomplete personal data, including by means of a supplementary declaration.
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 to erasure (right to be forgotten)
Any data subject affected by the processing of personal data shall have the right, granted by the European regulator and legislator, to obtain from the controller the erasure without delay of personal data concerning him or her, where one of the following grounds 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 data subject revokes the consent on which the processing was based pursuant to Article 6 (1)(a) of the GDPR or Article 9 (2)(a) of the GDPR and there is no other legal basis for the processing.
- The data subject objects to the processing pursuant to Article 21 (1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject 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) GDPR. If one of the aforementioned reasons applies, and a data subject wishes to arrange for the erasure of personal data stored by the company, he or she may, at any time, contact any employee of the controller. The employee of the company will arrange for the deletion request to be complied with without delay.
If the personal data has been made public by Helmut Esselmann GmbH & Co. KG and our company as the controller is obligated to delete the personal data pursuant to Article 17 (1) of the GDPR, Helmut Esselmann GmbH & Co. KG shall implement appropriate 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 the erasure of all links to the personal data or to copies or replications of the personal data, unless the processing is necessary. The employee of Helmut Esselmann GmbH & Co. KG will arrange for the necessary action to be taken in individual cases.
e) Right to restrict processing
Any data subject affected by the processing of personal data has the right, granted by the European regulator and legislator, to obtain from the controller the restriction of processing where one of the following conditions is met:
- The accuracy of the personal data is contested by the data subject for a period enabling the controller to verify the accuracy of the personal data.
- The processing is unlawful, the data subject 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 data subject needs it for the establishment, exercise or defence of legal claims.
- The data subject 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 data subject.
If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of personal data stored by the Helmut Esselmann GmbH & Co. KG, he or she may, at any time, contact any employee of the controller. The employee of Helmut Esselmann GmbH & Co. KG will arrange the restriction of the processing.
f) Right to data portability
Any data subject affected by the processing of personal data shall have the right, granted by the European regulator and legislator, 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. The data subject shall also have 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 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 data subject shall have the right to obtain that the personal data be transferred directly from one controller to another controller, to the extent that this is 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 any employee of the company.
g) Right to object
Any data subject affected by the processing of personal data shall have the right granted by the European regulator and legislator 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 Helmut Esselmann GmbH & Co. KG 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 data subject, or for the assertion, exercise or defence of legal claims.
If the Helmut Esselmann GmbH & Co. KG processes personal data for the purpose of direct marketing, the data subject 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 connected with such direct advertising. If the data subject objects to the company to the processing for direct marketing purposes, the company will no longer process the personal data for these purposes.
In addition, the data subject 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 Helmut Esselmann GmbH & Co. KG for scientific or historical research purposes, or for statistical purposes pursuant to Article 89 (1) of the GDPR, 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 any employee of the Helmut Esselmann GmbH & Co. KG or another employee. The data subject shall also be free to exercise his or her right to object by means of automated procedures using technical specifications in the context of the use of information society services, notwithstanding Directive 2002/58/EC.
h) Automated decisions in individual cases including profiling
Any data subject affected by the processing of personal data shall have the right, granted by the European regulator and legislator, 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, provided that the decision (1) is not necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) is authorised by Union or Member State law to which the controller is subject and that such law lays down appropriate measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is made with the data subject’s explicit consent.
If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the responsible person, or (2) it is made with the data subject’s explicit consent, the Helmut Esselmann GmbH & Co. KG shall implement suitable measures to safeguard the rights and freedoms as well as the legitimate interests of the data subject, which include at least the right to obtain the intervention of a data subject on the part of the responsible person, 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 any employee of the controller.
i) Right to revoke consent under data protection law
Any data subject affected by the processing of personal data has the right granted by the European regulator and legislator to withdraw consent to the processing of personal data at any time.
If the data subject wishes to exercise the right to withdraw consent, he or she may, at any time, contact any employee of the controller.
9. Data protection in applications and the application process
The controller collects and processes the personal data of applicants for the purpose of managing the application procedure. The processing may also be carried out electronically. This is particularly the case if an applicant sends the relevant application documents to the party responsible for processing electronically, for example by e-mail or via a web form 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 files shall be automatically deleted two months after the notification of the rejection decision, unless otherwise justified by the controller. Other legitimate interest in this sense is, for example, a duty to provide evidence in proceedings under the General Act on Equal Treatment.
For the uniform display of fonts, this site uses so-called web fonts, which are provided by Google. When you call up a page, your browser loads the required web fonts into your browser cache in order to display texts and fonts correctly. If your browser does not support web fonts, a standard font is used by your computer.
This site uses the map service Google Maps via an API. The provider is Google Inc, 1600 Amphitheatre Parkway Mountain View, CA 94043, USA. To use the functions of Google Maps, it is necessary to store your IP address. This information is usually transferred to a Google server in the USA and stored there. The provider of this site has no influence on this data transmission.
12. Legal basis of processing
Art. 6 I lit. a GDPR 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 data subject 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 GDPR. The same applies to processing operations that are necessary for the implementation of pre-contractual measures, for example in the case of enquiries about our products or services. If our company is subject to a legal obligation by which the processing of personal data becomes necessary, such as for the fulfilment of tax obligations, the processing is based on Art. 6 I lit. c GDPR. In rare cases, the processing of personal data might become necessary to protect vital interests of the 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 their name, age, health insurance details or other vital information needed to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6 I lit. d GDPR. Ultimately, processing operations could be based on Art. 6 I lit. f GDPR. 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 data subject are not overridden. We are permitted to carry out such processing operations in particular because they have been specifically mentioned by the European legislator. In this respect, the legislator took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (recital 47, second sentence of the GDPR).
13. Legitimate interests in processing pursued by the controller or a third party
If the processing of personal data is based on Article 6 I lit. f GDPR, our legitimate interest is the performance of our business activities for the benefit of the well-being of all our employees and our shareholders.
14. Duration for which the personal data are stored
The criterion for the duration of the storage of personal data is the respective statutory retention period. After expiry of the deadline, the corresponding data is routinely deleted if it is no longer required for the fulfilment or initiation of the contract.
15. 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). In order to conclude a contract, it may be necessary for a data subject to provide us with personal data which must subsequently be processed by us. For example, the data subject 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 data subject could not be concluded. Before providing personal data by the data subject, the data subject 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 of not providing the personal data would be.
16. Existence of automated decision making
As a responsible company, we do not use automatic decision-making or profiling.