The following describes the
E-Ticks Private Limited, Inc. ("E-Ticks," the "Company",
“we,” “us,” “EagleINSIGHT”, “E-Ticks” or “our”) privacy policy and the manner
in which E-Ticks collects, uses, shares and secures the personal information
that it collects or receives via its website www.E-Ticks.ie and product website
www.eagleinsight.io, any subdomain, other E-Ticks website and mobile
applications (collectively, the “Sites”), or through your use of the services
we provide to you. It also describes your choices regarding use, access and
correction of your personal information.
For purposes of the European
Union General Data Protection Regulation (GDPR), E-Ticks is both a data
controller and processor of personal information collected by it via our
website www.cloudgate.ie including our
product websites(i.,e www.eagleinsight.io, www.eticks.io )
The
data protection declaration of the E-Ticks is based on the terms used by the
European legislator for the adoption of the General Data Protection Regulation
(GDPR). Our data protection declaration should be legible and understandable
for the general public, as well as our customers and business partners. To
ensure this, we would like to first explain the terminology used.
In
this data protection declaration, we use, inter alia, the following terms:
Personal
data means any information relating to an identified or identifiable natural
person (“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.
Data
subject is any identified or identifiable natural person, whose personal data
is processed by the controller responsible for the processing.
Processing
is any operation or set of operations which is performed on personal data or on
sets of personal data, whether or not by automated means, such as collection,
recording, organisation, structuring, storage, adaptation or alteration,
retrieval, consultation, use, disclosure by transmission, dissemination or
otherwise making available, alignment or combination, restriction, erasure or
destruction.
Restriction
of processing is the marking of stored personal data with the aim of limiting
their processing in the future.
Profiling
means any form of automated processing of personal data consisting of the use
of personal data to evaluate certain personal aspects relating to a natural
person, in particular to analyze or predict aspects concerning that natural
person’s performance at work, economic situation, health, personal preferences,
interests, reliability, behavior, location or movements.
Pseudonymisation
is the processing of personal data in such a manner 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 organizational measures to ensure
that the personal data are not attributed to an identified or identifiable
natural person.
Controller
or controller responsible for the 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 nomination may be provided
for by Union or Member State law.
Processor
is a natural or legal person, public authority, agency or other body which
processes personal data on behalf of the controller.
Recipient
is a natural or legal person, public authority, agency or another body, to
which the personal data are disclosed, whether a third party or not. However,
public authorities which may receive personal data in the framework of a
particular inquiry in accordance with Union or Member State law shall not be
regarded as recipients; the processing of that data by those public authorities
shall be in compliance with the applicable data protection rules according to
the purposes of the processing.
Third
party is a natural or legal person, public authority, agency or body other than
the data subject, controller, processor and persons who, under the direct authority
of the controller or processor, are authorized to process personal data.
Consent
of the data subject is any freely given, specific, informed and unambiguous
indication of the data subject’s wishes by which he or she, by a statement or by
a clear affirmative action, signifies agreement to the processing of personal
data relating to him or her.
Controller for
the purposes of the General Data Protection Regulation (GDPR), other data
protection laws applicable in Member states of the European Union and other
provisions related to data protection is:
CLOUDGATE Pvt Ltd
77, Lower Camden Street,
Dublin 2, Ireland.
As used in this policy,
"personal information" means any information that may be used, either
alone or in combination with other information, to identify an individual. When
we combine any non-personal information with personal information (e.g.,
technical information, such as the type of browser or operating system that you
use), we treat the combined information as personal information.
●
Personal Information You Provide
To Us
●
E-Ticks may collect certain
personal information when someone voluntarily sends a direct mail inquiry, an
email or online registration, registers to download documents from the Sites,
participates in seminars or webinars, requests Company information at trade
shows, applies for a job via the Sites, requests information, or purchases
goods or services, via the Sites (including www.eagleinsight.io ). Examples of
such personal information include, but are not limited to, individual names,
telephone numbers, email addresses, company name, mailing address, account
username and password, job title and financial information such as a credit or
debit card number. If you apply for a job via the Sites, we may also collect
personal information via your resume or any cover letter you choose to upload,
or via any social media profile to which you elect to provide access. We
process personal information you provide to us either in connection with our
legitimate business interests, or to the extent necessary for performance of a
contract with you, your company, or our customer.
●
Personal Information Collected
Through Cookies and Similar Technologies
●
E-Ticks may collect certain
information, including personal information, automatically from visitors to its
Sites, and those of its subsidiaries, including the IP address, time visited,
pages viewed and related information. When you visit the Sites, open emails
from E-Ticks, use its apps or interact with its related tools, widgets or
plug-ins, E-Ticks may collect certain information by automated means, such as
through cookies, web beacons, local storage, scripts, pixels and web server
logs. The information collected in this manner may include your IP address,
unique device identifier, browser characteristics, domain and other system
settings, search queries, device characteristics, operating system type,
language preferences, referring URLs, actions taken on the Sites, dates and
times of Site visits, metadata and other information associated with other
files stored on your device. E-Ticks uses Google Analytics to help analyze the
traffic on the Sites. For more information on Google Analytics’ processing of
personal information, please see https://www.google.com/policies/privacy/partners/. You can opt out of Google Analytics by using
the following Google provided browser plugin https://www.google.com/ads/preferences/plugin/.
We process personal information collected through cookies or similar
technologies either in connection with our legitimate business interests in
operating the Sites, performing the services, or operating our business, or
otherwise to the extent you have agreed that we may do so.
●
Mobile Applications
●
When you download and use our
mobile applications, we may automatically collect information on the type of
device you use, operating system and version and system and performance
information. We collect this information to help us measure app usage and
better understand user demographics and event attendance. With your consent, we
may send you push notifications from time-to-time in order to update you about
any events or promotions that we may be running. If you no longer wish to
receive these types of communications, you may turn them off at the device
level. We process personal information collected via our mobile applications in
connection with our legitimate business interests in operating the Sites,
performing the services, or operating our business, or otherwise to the extent
you have agreed that we may do so.
●
Personal Information Collected
Through Use of Our Services
●
E-Ticks may collect certain
personal information that is provided in the course of the use of our services.
This includes personal information contained in semi-structured and
unstructured data hidden in electronic documents, images and emails provided by
our customers when using our services. This data will be processed for the
purposes of operating our Sites and providing our services. We also use this
data for our internal training and quality purposes, and to enhance, research
and analyze our service offerings and models. Examples of such personal
information include, but are not limited to, individual names, telephone numbers,
email addresses, job titles and contact information contained in invoices or
emails. Personal information may relate to our customer’s employees,
contractors or their customers or service providers. The legal basis for
processing this personal information is (i) our legitimate interests, namely
performing our services, or monitoring and improving our Sites and services, or
(ii) necessity for performance of a contract between you, your company or our
customer, and us.
E-Ticks uses your personal
information to monitor the performance and improve the quality of its Sites,
respond to requests about the Company and its business, provide information
about products and services, fulfill customer requests, and for other business purposes
and/or to comply with various legal and regulatory obligations. With your
consent, E-Ticks may also use your personal information to send you information
about its other products and services and for other specified marketing
purposes. Unless we obtain your consent to processing of your personal
information, E-Ticks processes your personal information either for performance
of a contract with you or in circumstances where it has a legitimate interest
to do so.
E-Ticks may use information
collected through cookies, web beacons, pixels, web server logs and other
automated means for purposes such as (a) customizing user visits to the Sites,
(b) delivering content tailored to users' interests and the manner in which our
users browse the Sites, and (c) managing the Sites and other aspects of its
business.
You can change your cookies
settings in your browser, however please note that without cookies you may not
be able to use all of the features of the Sites. For more information about the
cookies we use on the Sites, please click here.
E-Ticks may share your personal
information with its affiliates and subsidiaries, and/or with its business
partners, in order to respond to customer needs or otherwise provide services
to customers as requested. E-Ticks may also, with your consent, engage in joint
marketing activities with such third parties and/or disclose personal
information to third parties for their own direct marketing purposes. Whereas
our data practices and your choice options are described in this Privacy
Policy, we encourage you to consult the third party’s privacy policy to ensure
that you understand how it intends to use your information and how you may
exercise control over it.
E-Ticks may also share your
information with its third-party agents who may be acting on its behalf and
pursuant to its instructions to assist in our business activities, including,
for example, providing notice of an upcoming webinar or tradeshow that may be
of interest to the target audience, providing customer service, payment
processing or providing storage services.
E-Ticks may disclose your
personal information if it is required to do so by law or court order, to
enforce or apply its Terms or if it believes in good faith that such release is
necessary or appropriate to protect the rights, property, or safety of its company,
customers, affiliates or others.
E-Ticks also may share or
transfer information, including your personal information, in connection with
the sale, transfer, acquisition, merger, acquisition, divestiture,
restructuring, reorganization, dissolution, bankruptcy or other change or
ownership or control by E-Ticks or any affiliated company (in each case,
whether in whole or in part). When one of these events occurs, E-Ticks will use
reasonable efforts to notify users before their personal information is transferred
or becomes subject to different privacy practices.
E-Ticks sometimes partners with
other companies in order to provide their services via a link on the Site, for
example, job applications, social media links and live chat. In those
circumstances, the third party partners will have access to the personal
information you provide to them via their website, and we do not have any
control over how they use that personal information. In order to fully
understand how your personal information is used by our partners, please
carefully review their applicable privacy policies. Except as set forth herein,
E-Ticks does not share your personal information with any third parties.
In addition to the uses
described above, E-Ticks will inform individuals of any other intended uses of
their personal information at the time such personal information is collected
or before such use is implemented including disclosure to third parties.
E-Ticks uses reasonable methods
to secure all personal information by a variety of methods, including
restricting access to such personal information only to those people who have a
legitimate need to know in order to discharge their job responsibilities on
behalf of E-Ticks, securing access to the facility where the personal
information is stored and the use of technology and physical controls to secure
the personal information. E-Ticks is required to disclose personal information
in response to lawful requests by public authorities including to meet national
security or law enforcement requirements. If you have questions about the
security of your personal information, please contact us as described below.
We may retain your personal
information for as long as it is needed to fulfill the purposes described in
this privacy policy, comply with our legal obligations, resolve disputes or
enforce our agreements. Or, we will retain such personal information for so
long as we have a lawful basis to process it, as set forth in this policy and
with respect to (1) personal information processed by us in connection with our
provision of support services, within 90 days after the associated help desk
ticket is closed, and (2) all other personal information collected through use
of our services, within 30 days after the termination of the applicable
contract between you, your company or our customer and us.
E-Ticks will require that all
third parties acting on behalf of E-Ticks, and to which personal information is
provided, give E-Ticks adequate contractual assurances that they will safeguard
all such personal information in a manner consistent with this policy.
The Sites are not intended for
children under the age of 18. Accordingly, we do not intend to collect personal
information from anyone we know to be under 18 years of age.
We may from time to time allow
certain third parties to display advertising on our Sites or to manage our advertising
on other sites. These third-party partners may use cookies or similar
technologies such as web beacons, script, and pixels in order to provide you
advertising based upon your browsing activities and interests. If you would
prefer to not receive personalized ads based on your browser or device usage,
you may generally express your opt-out preference to no longer receive tailored
advertisements. Please note that you will continue to see advertisements, but
they will no longer be tailored to your interests.
To opt-out of interest-based
advertising by participating companies in the following consumer choice
mechanisms, please visit:
●
Digital Advertising Alliance
(DAA)’s self-regulatory opt-out page (http://optout.aboutads.info/
) and mobile application-based "AppChoices" download page
(https://youradchoices.com/appchoices)
●
European Interactive Digital
Advertising Alliance (EDAA)'s consumer opt-out page (http://youronlinechoices.eu
)
●
Network Advertising Initiative
(NAI)’s self-regulatory opt-out page (http://optout.networkadvertising.org/
).
In the mobile environment, most
mobile operating systems offer device-based opt-out choices that are
transmitted to companies providing interest-based advertising. To set an
opt-out preference for a mobile device identifier (such as Apple's IDFA or
Android's GAID), visit the device manufacturer's current choice instructions
pages, or read more about sending signals to limit ad tracking for your
operating system here: http://www.networkadvertising.org/mobile-choices.
Please note that these settings
must be performed on each device (including each web browser on each device)
for which you wish to opt-out, and if you clear your cookies or if you use a
different browser or device, you will need to renew your opt-out preferences.
We will use your personal
information to send you email or newsletters, if you have signed-up to receive
them. If you would like to discontinue receiving this information, you may
update your email preferences by using the “unsubscribe” link found in emails
we send to you, or at your member profile on our website, or by contacting us
as described below. You may not opt-out of service-related communications,
which are not promotional in nature. Please note that even if you opt out of
receiving the foregoing emails, we may still send you a response to any
"Contact Us" request as well as administrative, maintenance and
operational emails (for example, in connection with a password reset request).
Upon an individual’s request,
E-Ticks will provide reasonable access to any personal information it has about
that person. E-Ticks will also take reasonable steps to allow such individuals
to correct, change, modify or delete any such personal information that is
shown to be incorrect, inaccurate or incomplete. You may ask us to delete the
personal information we hold about you, or cease processing such personal
information, in certain circumstances. It may not be possible for us to delete
or cease processing all of the personal information we hold about you where we
have an ongoing relationship with you or where we have a legal basis to retain
such personal information.
You may access, correct, or
request deletion of your personal information by logging into your account or
by contacting us at info@E-Ticks.ie We will respond to your request within a
reasonable timeframe.
When we process personal
information on the basis that you have consented to such processing, you have
the right to withdraw your consent, or ask us to stop or restrict processing
the personal information we have about you, at any time by contacting us using
the contact information below.
You may also ask us to transfer
your personal information to a third party in certain circumstances. If you
would like any further information about your rights or how to exercise them,
please contact us using the contact information below.
If you are in the European
Union, you have the right to make a complaint at any time to the relevant data
protection authority in your country. We encourage you to first reach out to us
at privacy@eticks.io
Personal information collected
by E-Ticks may be stored and processed in your geographic region, in the United
States or in other countries in which E-Ticks, or its service providers,
maintain facilities or operations. If you are in the European Economic Area, it
may be necessary for your personal information to be transferred to, and
processed in, other countries including the United States. If we transfer your
personal information outside of the European Economic Area to a country or
framework not determined by the European Commission and/or the United Kingdom
as providing an adequate level of protection for personal information, the
transfer will be under an agreement which includes European Union and/or United
Kingdom requirements for such transfers, such as standard contractual clauses.
The European Commission, and United Kingdom, approved standard contractual
clauses are available here.
We do not track users over time
and across third party websites to provide targeted advertising. Accordingly,
we do not currently respond or take any action with respect to web browser
"do not track" signals or other mechanisms that provide consumers the
ability to exercise choice regarding the collection of personal information
about an individual consumer's online activities over time and across
third-party web sites or online services.
However, some of our service
providers and advertisers may use cookies or other methods to gather
information regarding your use of the Sites and may combine the information in
these cookies with any personal information about you that they may have. The
use of such tracking information by a third party is subject to its privacy
policy.
Each
data subject shall have the right granted by the European legislator to obtain
from the controller the confirmation as to whether or not personal data
concerning him or her are being processed. If a data subject wishes to avail
himself of this right of confirmation, he or she may, at any time, contact any
employee of the controller.
Each
data subject shall have the right granted by the European legislator to obtain
from the controller free information about his or her personal data stored at
any time and a copy of this information. Furthermore, the European directives
and regulations grant the data subject access to the following information:
●
the purposes of the processing;
●
the categories of personal data
concerned;
●
the recipients or categories of
recipients to whom the personal data have been or will be disclosed, in
particular recipients in third countries or international organisations;
●
where possible, the envisaged
period for which the personal data will be stored, or, if not possible, the
criteria used to determine that period;
●
the existence of the right to
request from the controller rectification or erasure of personal data, or
restriction of processing of personal data concerning the data subject, or to
object to such processing;
●
the existence of the right to
lodge a complaint with a supervisory authority;
●
where the personal data are not
collected from the data subject, any available information as to their source;
●
the existence of automated
decision-making, including profiling, referred to in Article 22(1) and (4) of
the GDPR and, at least in those cases, meaningful information about the logic
involved, as well as the significance and envisaged consequences of such
processing for the data subject.
Furthermore,
the data subject shall have a right to obtain information as to whether
personal data are transferred to a third country or to an international
organisation. Where this is the case, the data subject shall have the right to
be informed of the appropriate safeguards relating to the transfer.
If
a data subject wishes to avail himself of this right of access, he or she may,
at any time, contact any employee of the controller.
Each
data subject shall have the right granted by the European legislator to obtain
from the controller without undue delay the rectification of inaccurate
personal data concerning him or her. Taking into account the purposes of the
processing, the data subject shall have the right to have incomplete personal
data completed, including by means of providing a supplementary statement.
If
a data subject wishes to exercise this right to rectification, he or she may,
at any time, contact any employee of the controller.
Each
data subject shall have the right granted by the European legislator to obtain
from the controller the erasure of personal data concerning him or her without
undue delay, and the controller shall have the obligation to erase personal
data without undue delay where one of the following grounds applies, as long as
the processing is not necessary:
●
The personal data are no longer
necessary in relation to the purposes for which they were collected or
otherwise processed.
●
The data subject withdraws
consent to which the processing is based according to point (a) of Article 6(1)
of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no
other legal ground 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
unlawfully processed.
●
The personal data must be erased
for compliance with a legal obligation in Union or Member State law to which
the controller is subject.
●
The personal data have been
collected in relation to the offer of information society services referred to
in Article 8(1) of the GDPR.
If
one of the aforementioned reasons applies, and a data subject wishes to request
the erasure of personal data stored by the E-Ticks, he or she may, at any time,
contact any employee of the controller. An employee of E-Ticks shall promptly
ensure that the erasure request is complied with immediately.
Where
the controller has made personal data public and is obliged pursuant to Article
17(1) to erase the personal data, the controller, taking account of available
technology and the cost of implementation, shall take reasonable steps,
including technical measures, to inform other controllers processing the
personal data that the data subject has requested erasure by such controllers
of any links to, or copy or replication of, those personal data, as far as
processing is not required. An employee of the E-Ticks will arrange the
necessary measures in individual cases.
Each
data subject shall have the right granted by the European legislator to obtain
from the controller restriction of processing where one of the following
applies:
●
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 and
the data subject opposes the erasure of the personal data and requests the
restriction of their use instead.
●
The controller no longer needs
the personal data for the purposes of the processing, but they are required by
the data subject for the establishment, exercise or defence of legal claims.
●
The data subject has objected to
processing pursuant to Article 21(1) of the GDPR pending the verification
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 the processing of personal data stored by the
E-Ticks, he or she may at any time contact any employee of the controller. The
employee of the E-Ticks will arrange the restriction of the processing.
Each
data subject shall have the right granted by the European legislator, to
receive the personal data concerning him or her, which was provided to a
controller, in a structured, commonly used and machine-readable format. He or
she shall have the right to transmit those data to another controller without
hindrance from the controller to which the personal data have been provided, as
long as the processing is based on consent pursuant to point (a) of Article
6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract
pursuant to point (b) of Article 6(1) of the GDPR, and the processing is
carried out by automated means, as long as the processing is not 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,
in exercising his or her right to data portability pursuant to Article 20(1) of
the GDPR, the data subject shall have the right to have personal data
transmitted directly from one controller to another, where technically feasible
and when doing so does not adversely affect the rights and freedoms of others.
In
order to assert the right to data portability, the data subject may at any time
contact any employee of the E-Ticks.
Each
data subject shall have the right granted by the European legislator to object,
on grounds relating to his or her particular situation, at any time, to
processing of personal data concerning him or her, which is based on point (e)
or (f) of Article 6(1) of the GDPR. This also applies to profiling based on
these provisions.
The
E-Ticks 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 establishment, exercise or defence of legal claims.
If
the E-Ticks processes personal data for direct marketing purposes, the data
subject shall have the right to object at any time to processing of personal
data concerning him or her for such marketing. This applies to profiling to the
extent that it is related to such direct marketing. If the data subject objects
to the E-Ticks to the processing for direct marketing purposes, the E-Ticks
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 by the E-Ticks for scientific or historical research purposes, or for
statistical purposes pursuant to Article 89(1) of the GDPR, unless the
processing is necessary for the performance of a task carried out for reasons
of public interest.
In
order to exercise the right to object, the data subject may contact any
employee of the E-Ticks. In addition, the data subject is free in the context
of the use of information society services, and notwithstanding Directive
2002/58/EC, to use his or her right to object by automated means using
technical specifications.
Each
data subject shall have the right granted by the European 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, as long as the decision (1) is not is
necessary for entering into, or the performance of, a contract between the data
subject and a data controller, or (2) is not authorised by Union or Member
State law to which the controller is subject and which also lays down suitable
measures to safeguard the data subject’s rights and freedoms and legitimate
interests, or (3) is not based on 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 a data controller, or (2) it is based on
the data subject’s explicit consent, the E-Ticks shall implement suitable
measures to safeguard the data subject’s rights and freedoms and legitimate
interests, at least the right to obtain human intervention on the part of the
controller, to express his or her point of view and contest the decision.
If
the data subject wishes to exercise the rights concerning automated individual
decision-making, he or she may, at any time, contact any employee of the
E-Ticks.
Each
data subject shall have the right granted by the European legislator to
withdraw his or her consent to processing of his or her 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 any employee of the E-Ticks.
Before it gets to that
situation, please make sure you contact our Data Compliance Officer (Jay
Monpara) at privacy@eticks.io if you wish to exercise any of your rights
or if you have any questions about the processing of your personal data.
The
data controller shall collect and process the personal data of applicants for
the purpose of the processing of the application procedure. The processing may
also be carried out electronically. This is the case, in particular, if an
applicant submits corresponding application documents by e-mail or by means of
a web form on the website to the controller. If the data controller concludes
an employment contract with an applicant, the submitted data will be stored for
the purpose of processing the employment relationship in compliance with legal requirements.
If no employment contract is concluded with the applicant by the controller,
the application documents shall be automatically erased two months after
notification of the refusal decision, provided that no other legitimate
interests of the controller are opposed to the erasure. Other legitimate
interest in this relation is, e.g., a burden of proof in a procedure under the
General Equal Treatment Act (AGG).
Art.
6(1) lit. a GDPR serves as the legal basis for processing operations for which
we obtain consent for a specific processing purpose. If the processing of
personal data is necessary for the performance of a contract to which the data
subject is party, as is the case, for example, when processing operations are necessary
for the supply of goods or to provide any other service, the processing is
based on Article 6(1) lit. b GDPR. The same applies to such processing
operations which are necessary for carrying out pre-contractual measures, for
example in the case of inquiries concerning our products or services. Is our
company subject to a legal obligation by which processing of personal data is
required, such as for the fulfillment of tax obligations, the processing is
based on Art. 6(1) lit. c GDPR. In rare cases, the processing of personal data
may be necessary to protect the vital interests of the data subject or of
another natural person. This would be the case, for example, if a visitor were
injured in our company and his name, age, health insurance data or other vital
information would have to be passed on to a doctor, hospital or other third
party. Then the processing would be based on Art. 6(1) lit. d GDPR. Finally,
processing operations could be based on Article 6(1) lit. f GDPR. This legal
basis is used for processing operations which are not covered by any of the
abovementioned legal grounds, if processing is necessary for the purposes of
the legitimate interests pursued by our company or by a third party, except
where such interests are overridden by the interests or fundamental rights and
freedoms of the data subject which require protection of personal data. Such
processing operations are particularly permissible because they have been
specifically mentioned by the European legislator. He considered that a legitimate
interest could be assumed if the data subject is a client of the controller
(Recital 47 Sentence 2 GDPR).
Where
the processing of personal data is based on Article 6(1) lit. f GDPR our
legitimate interest is to carry out our business in favor of the well-being of
all our employees and the shareholders.
The
criteria used to determine the period of storage of personal data is the
respective statutory retention period. After expiration of that period, the
corresponding data is routinely deleted, as long as it is no longer necessary
for the fulfillment of the contract or the initiation of a contract.
Requirement necessary to enter into
a contract; Obligation of the data subject to provide the personal data;
possible consequences of failure to provide such data
We
clarify that the provision of personal data is partly required by law (e.g. tax
regulations) or can also result from contractual provisions (e.g. information
on the contractual partner). Sometimes it may be necessary to conclude a
contract that the data subject provides us with personal data, which must
subsequently be processed by us. The data subject is, for example, obliged to
provide us with personal data when our company signs a contract with him or
her. The non-provision of the personal data would have the consequence that the
contract with the data subject could not be concluded. Before personal data is
provided by the data subject, the data subject must contact any employee. The
employee clarifies to the data subject 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 the
consequences of non-provision of the personal data.
