Better safe than sorry
I. Name and address of the person responsible
The person responsible within the meaning of the Basic Data Protection Regulation and other national data protection laws of the member states and other data protection regulations is:
Delphi HR-Consulting GmbH
Harvestehuder Weg 8a
20148 Hamburg
Germany
Phone: 040 / 3611111-0
E-Mail: datenschutz(at)delphi-hr.de
Website: https://www.delphi-hr.de
II. Name and address of the Data Protection Officer
The data protection officer of the controller is:
Elisabeth Angenendt
Delphi HR-Consulting GmbH
Harvestehuder Weg 8a
20148 Hamburg
Germany
Phone: 040 / 3611111-22
E-Mail: elisabeth.angenendt(at)delphi-hr.de
Website: https://www.delphi-hr.de
III. General information on data processing
1. Scope of processing of personal data
As a matter of principle, we process personal data of our users only to the extent necessary to provide a functional website and our contents and services. The processing of personal data of our users regularly only takes place with the user’s consent. An exception is made in cases where prior consent cannot be obtained for factual reasons and the processing of data is permitted by legal regulations.
2. Legal basis for the processing of personal data
As far as we obtain the consent of the data subject for the processing of personal data, Art. 6 para. 1 lit. a EU Data Protection Regulation (DSGVO) serves as the legal basis. When processing personal data which is necessary for the performance of a contract to which the data subject is a party, Article 6 (1) lit. b DSGVO serves as the legal basis. This also applies to processing operations necessary for the performance of pre-contractual measures. Insofar as the processing of personal data is necessary to fulfil a legal obligation to which our company is subject, Art. 6 para. 1 lit. c DSGVO serves as the legal basis. In the event that vital interests of the data subject or another natural person make it necessary to process personal data, Art. 6 para. 1 lit. d DSGVO serves as the legal basis. If the processing is necessary to safeguard a legitimate interest of our company or of a third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh the former interest, Article 6 (1) lit. f DSGVO serves as the legal basis for the processing.
3. Data deletion and storage duration
The personal data of the person concerned will be deleted or blocked as soon as the purpose of the storage is no longer applicable. Furthermore, data may be stored if this has been provided for by the European or national legislator in Union regulations, laws or other regulations to which the person responsible is subject. Data is also blocked or deleted when a storage period prescribed by the aforementioned standards expires, unless there is a need to continue storing the data for the purpose of concluding or fulfilling a contract.
IV. Provision of the website and creation of log files
1. Description and scope of data processing
Whenever you visit our website, our system automatically collects data and information from the computer system of the calling computer. The following data is collected:
- Information about the browser type and the version used
- The user’s operating system
- The user’s Internet service provider
- The IP address of the user (anonymized)
- date and time of access
- Websites from which the user’s system reaches our website
- Websites that are accessed by the user’s system via our website
The data is also stored in the log files of our system. Not affected by this are the IP addresses of the user or other data that allow the data to be assigned to a user. This data is not stored together with other personal data of the user.
2. Legal basis for the data processing
The legal basis for the temporary storage of data is Art. 6 para. 1 lit. f DSGVO.
3. Purpose of data processing
The temporary storage of the IP address by the system is necessary to enable the website to be delivered to the user’s computer. For this purpose, the user’s IP address must remain stored for the duration of the session. These purposes also include our legitimate interest in data processing in accordance with Art. 6 Para. 1 lit. f DSGVO.
4. Storage duration
The data will be deleted as soon as they are no longer necessary for the purpose of their collection. In the case of the collection of data for the provision of the website, this is the case when the respective session is ended. In the case of data stored in log files, this is the case after seven days at the latest. Storage beyond this period is possible. In this case, the IP addresses of the users are deleted or alienated, so that an assignment of the calling client is no longer possible.
5. objection and elimination possibility
The collection of data for the provision of the website and the storage of the data in log files is mandatory for the operation of the website. There is therefore no possibility of objection on the part of the user.
V. Usage of cookies
a) Description and scope of data processing
Our website uses cookies. Cookies are text files that are stored in the Internet browser or by the Internet browser on the user’s computer system. If a user calls up a website, a cookie can be stored on the user’s operating system. This cookie contains a characteristic string of characters that enables the browser to be uniquely identified when the website is called up again. We use cookies to make our website more user-friendly. Some elements of our website require the calling browser to be able to be identified even after a page change.
b) Legal basis for the data processing
The legal basis for the processing of personal data using cookies is Art. 6 para. 1 lit. f DSGVO.
c) Purpose of data processing
The purpose of using technically necessary cookies is to simplify the use of websites for users. Some functions of our website cannot be offered without the use of cookies. For these it is necessary that the browser is recognized even after a page change. We require cookies for the following applications:
- Adoption of language settings
- Remembering search terms
The user data collected through technically necessary cookies is not used to create user profiles. The analysis cookies are used for the purpose of improving the quality of our website and its contents. Through the analysis cookies we learn how the website is used and can thus constantly optimise our offer. These purposes also include our legitimate interest in processing personal data in accordance with Art. 6 Para. 1 lit. f DSGVO.
e) Duration of storage, possibility of objection and removal
Cookies are stored on the user’s computer and transmitted by the user to our site. Therefore, you as a user also have full control over the use of cookies. By changing the settings in your Internet browser, you can deactivate or restrict the transmission of cookies. Cookies already stored can be deleted at any time. This can also be done automatically. If cookies for our website are deactivated, it is possible that not all functions of the website can be used to their full extent.
VI. Newsletter
1. Description and scope of data processing
The newsletter (if offered) is sent out on the basis of the user’s registration on the website: On our website there is the possibility to subscribe to a free newsletter (in planning). When registering for the newsletter, the data from the input mask is transmitted to us. This is the data that the user enters himself when registering for the newsletter:
- E-Mail address
- First name and last name
- Title
In addition, the following data is collected during registration:
- IP address of the calling computer
- date and time of registration
For the processing of the data, your consent will be obtained during the registration process and reference will be made to this privacy policy. In connection with the data processing for the dispatch of newsletters, the data will not be passed on to third parties. The data will be used exclusively for sending the newsletter.
2. Legal basis for the data processing
The legal basis for the processing of data after registration for the newsletter by the user is Art. 6 para. 1 lit. a DSGVO if the user has given his consent.
3. Purpose of data processing
The collection of the user’s e-mail address is used to deliver the newsletter. The collection of other personal data during the registration process serves to prevent misuse of the services or the e-mail address used.
4. Storage duration
The data will be deleted as soon as they are no longer necessary for the purpose of their collection. The user’s e-mail address is therefore stored as long as the subscription to the newsletter is active. The other personal data collected during the registration process are usually deleted after a period of seven days.
5. objection and elimination possibility
The subscription to the newsletter can be cancelled by the user concerned at any time. For this purpose there is a corresponding link in every newsletter. This also enables a revocation of the consent to store the personal data collected during the registration process.
VII. Registration
1. Description and scope of data processing
On our website we offer users the possibility to register for application purposes by entering personal data. The data is entered into an input mask, transmitted to us and stored. The data will not be passed on to third parties without your express consent. The following data are mandatory fields and are collected during the registration process:
- Title
- First name, last name
- E-Mail address
- Mobile phone number
The following data is also stored at the time of registration:
- The IP address of the user (anonymized)
- date and time of registration
During the registration process, the user’s consent to the processing of this data is obtained.
2. Legal basis for the data processing
The legal basis for the processing of the data is Art. 6 para. 1 lit. a DSGVO if the user has given his consent. If the registration serves the fulfilment of a contract to which the user is a party or the implementation of pre-contractual measures, the additional legal basis for the processing of data is Art. 6 para. 1 lit. b DSGVO.
3. Purpose of data processing
User registration is required for the provision of certain contents and services on our website.
4. Storage duration
The data is deleted as soon as it is no longer necessary for the purpose for which it was collected.
5. objection and elimination possibility
As a user you have the possibility to cancel the registration at any time. You can have the data stored about you changed at any time. In this case, please contact your personal consultant or our data protection officer.
VIII. Contact form and e-mail contact
1. Description and scope of data processing
There is a contact form on our website which can be used for electronic contact. If a user takes advantage of this possibility, the data entered in the input mask is transmitted to us and stored. These data are:
- Name
- Street, Number
- Zip Code
- City
- Phone
At the time the message is sent, the following data is also stored:
- The IP address of the user (anonymized)
- date and time of registration
For the processing of the data, your consent will be obtained during the sending process and reference will be made to this privacy policy. Alternatively, it is possible to contact us via the provided e-mail address. In this case the personal data of the user transmitted with the e-mail will be stored. In this context, the data will not be passed on to third parties. The data will be used exclusively for processing the conversation.
2. Legal basis for the data processing
The legal basis for the processing of the data is Art. 6 para. 1 lit. a DSGVO if the user has given his consent. The legal basis for the processing of data transmitted in the course of sending an e-mail is Art. 6 para. 1 lit. f DSGVO. If the e-mail contact is aimed at the conclusion of a contract, the additional legal basis for processing is Art. 6 para. 1 lit. b DSGVO.
3. Purpose of data processing
The processing of the personal data from the input mask serves us only for the processing of the establishment of contact. In the case of contacting us by e-mail, this is also the necessary legitimate interest in the processing of the data. The other personal data processed during the sending process serve to prevent misuse of the contact form and to ensure the security of our information technology systems.
4. Storage duration
The data will be deleted as soon as they are no longer necessary for the purpose of their collection. For the personal data from the input mask of the contact form and those sent by e-mail, this is the case when the respective conversation with the user has ended. The conversation is terminated when it can be concluded from the circumstances that the matter in question has been finally clarified. The personal data additionally collected during the sending process will be deleted after a period of seven days at the latest.
5. objection and elimination possibility
The user has the possibility to revoke his consent to the processing of personal data at any time. If the user contacts us by e-mail, he can object to the storage of his personal data at any time. In such a case the conversation cannot be continued. In this case, please contact our data protection officer and ask for the deletion of your data. All personal data stored in the course of the contact will be deleted in this case.
IX. Rights of the data subject
If personal data is processed by you, you are a data subject within the meaning of the DSGVO and you are entitled to the following rights in relation to the person responsible:
1. Right of access to information
You can request confirmation from the person responsible as to whether personal data concerning you is being processed by us. If such processing is carried out, you may request information from the data controller on the following:
(1) the purposes for which the personal data are processed;
(2) the categories of personal data which are processed;
(3) the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;
(4) the planned duration of storage of the personal data relating to you or, if it is not possible to give specific details, criteria for determining the duration of storage;
(5) the existence of a right of rectification or erasure of personal data concerning you, a right to have the processing limited by the controller or a right to object to such processing;
(6) the existence of a right of appeal to a supervisory authority;
(7) any available information as to the origin of the data, where the personal data are not collected from the data subject;
(8) the existence of automated decision-making, including profiling, in accordance with Art. 22 (1) and (4) DPA and – at least in these cases – meaningful information on the logic involved and the scope and intended consequences of such processing for the data subject.
You have the right to request information as to whether personal data concerning you is transferred to a third country or to an international organisation. In this context, you may request to be informed of the appropriate guarantees pursuant to Art. 46 DSGVO in connection with the transfer.
2. Right of correction
You have the right to obtain from the data controller the rectification and/or integration of any personal data processed concerning you if it is incorrect or incomplete. The data controller shall make the correction without delay.
3. Right to limit processing
Under the following conditions, you may request that the processing of personal data concerning you be restricted:
(1) if you dispute the accuracy of the personal data concerning you for a period of time which enables the controller to verify the accuracy of the personal data;
(2) if the processing is unlawful and you object to the deletion of the personal data and request instead that the use of the personal data be restricted;
(3) the controller no longer needs the personal data for the purposes of the processing, but you need them in order to assert, exercise or defend legal claims, or
(4) if you have lodged an objection to the processing pursuant to Art. 21 (1) DPA and it is not yet clear whether the legitimate reasons of the controller outweigh your reasons.
Where the processing of personal data relating to you has been restricted, such data may be processed, with the exception of storage, only with your consent or for the purpose of pursuing, exercising or defending legal claims or protecting the rights of another natural or legal person or on grounds of an important public interest of the Union or a Member State. If the restriction on processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.
4. Right to cancellation
a) Obligation to delete
You may request the controller to delete the personal data concerning you without delay and the controller is obliged to delete such data without delay if one of the following reasons applies:
(1) The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
(2) You revoke your consent on which the processing was based in accordance with Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. a DPA and there is no other legal basis for the processing.
(3) You submit an objection to the processing pursuant to Art. 21 Para. 1 DSGVO and there are no overriding legitimate reasons for the processing, or you submit an objection to the processing pursuant to Art. 21 Para. 2 DSGVO.
(4) The personal data concerning you have been processed unlawfully.
(5) The deletion of personal data concerning you is necessary to comply with a legal obligation under Union law or the law of the Member States to which the controller is subject.
(6) The personal data concerning you have been collected in relation to information society services offered, in accordance with Article 8(1) of the DPA.
b) Information to third parties
If the controller has made public the personal data concerning you and is obliged to delete them in accordance with Art. 17 para. 1 DPA, he shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform data controllers who process the personal data that you, as a data subject, have requested them to delete all links to these personal data or copies or replications of these personal data.
c) Exceptions
The right of cancellation does not exist insofar as the processing is necessary
(1) to exercise the right to freedom of expression and information;
(2) to comply with a legal obligation requiring processing under Union or national law to which the controller is subject or to carry out a task carried out in the public interest or in the exercise of official authority vested in the controller;
(3) for reasons of public interest in the field of public health pursuant to Art. 9 para. 2 lit. h and i and Art. 9 para. 3 DSGVO;
(4) for archiving, scientific or historical research purposes in the public interest or for statistical purposes in accordance with Art. 89 Para. 1 DSGVO, insofar as the law referred to in section a) is likely to render impossible or seriously prejudice the attainment of the objectives of such processing, or
(5) to assert, exercise or defend legal claims.
5. Right to be informed
If you have exercised the right to rectify, erase or limit the processing, the controller is obliged to notify all recipients to whom the personal data concerning you have been disclosed of this rectification, erasure or limitation of processing, unless this proves impossible or involves a disproportionate effort. You have the right to be informed of these recipients by the controller.
6. Right to data transferability
You have the right to receive the personal data concerning you that you have provided to the data controller in a structured, common and machine-readable format. You also have the right to have this data communicated to another person in charge without interference from the person in charge to whom the personal data has been made available, provided that
(1) the processing is based on a consent pursuant to Art. 6 para. 1 letter a DSGVO or Art. 9 para. 2 letter a DSGVO or on a contract pursuant to Art. 6 para. 1 letter b DSGVO and
(2) the processing is carried out using automated procedures.
In exercising this right, you also have the right to obtain that the personal data concerning you be transferred directly from one controller to another controller, in so far as this is technically feasible. The freedoms and rights of other persons must not be affected by this. The right to data transferability shall not apply to processing of personal data which 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.
7. Right of appeal
You have the right to object at any time, for reasons arising from your particular situation, to the processing of personal data concerning you which is carried out on the basis of Article 6 paragraph 1 letter e or f of the DPA; this also applies to profiling based on these provisions. The controller no longer processes the personal data concerning you, unless he can demonstrate compelling reasons for processing which are worthy of protection and which outweigh your interests, rights and freedoms, or unless the processing serves to assert, exercise or defend legal claims. Where personal data relating to you are processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data relating to you for the purpose of such marketing, including profiling, insofar as it relates to such direct marketing. If you object to processing for the purposes of direct marketing, the personal data concerning you will no longer be processed for those purposes. You have the possibility to exercise your right of objection in relation to the use of information society services, without prejudice to Directive 2002/58/EC, by means of automated procedures using technical specifications.
8. Right of revocation of the declaration of consent under data protection law
You have the right to revoke your data protection declaration of consent at any time. Revocation of your consent does not affect the legality of the processing that has taken place on the basis of your consent until revocation.
9. Automated decision in individual cases including profiling
You have the right not to be subject to a decision based solely on automated processing, including profiling, which has legal effect on you or which significantly affects you in a similar way. This shall not apply if the decision
(1) is necessary for the conclusion or fulfilment of a contract between you and the person responsible,
(2) is authorised by Union or national legislation to which the person responsible is subject and that legislation provides for appropriate measures to safeguard your rights and freedoms and your legitimate interests, or
(3) with your explicit consent.
However, these decisions may not be based on special categories of personal data in accordance with Art. 9 para. 1 DPA, unless Art. 9 para. 2 lit. a or g DPA applies and appropriate measures have been taken to protect rights and freedoms and your legitimate interests. With regard to the cases referred to in (1) and (3), the controller shall take appropriate measures to safeguard the rights and freedoms and your legitimate interests, which shall include at least the right to obtain the intervention of a person from the controller, to express his or her point of view and to contest the decision.
10. Right of appeal to a supervisory authority
Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State in which you are domiciled, your place of work or the place where the alleged infringement occurred, if you consider that the processing of personal data relating to you is in breach of the DPA. The supervisory authority to which the complaint has been lodged shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Art. 78 DSGVO.
As of: May 2018
