This document informs you about how we process personal data.
Introduction and structure of the document
We, the company Hammerl GmbH (hereinafter named “the company”, “we” or “us”), thank you for visiting our website and for your interest in our company and our services. Your personal data will only be processed in accordance with the provisions of German and European data protection law.
Following the example of Art. 4 EU GDPR, this document is based on the following definitions:
“Personal data” (Art. 4 No. 1 EU GDPR) means any information relating to an identified or identifiable natural person (“data subject”). A person is identifiable if he or she can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, an online identifier, location data or by means of information relating to his or her physical, physiological, genetic, mental, economic, cultural or social identity characteristics. The identifiability can also be given by means of a linkage of such information or other additional knowledge. The origin, form or embodiment of the information is irrelevant (photographs, video or audio recordings may also contain personal data).
“Processing” (Art. 4 No. 2 EU GDPR) means any operation which involves the handling of personal data, whether or not by means of automated (i.e. technology-based) processes. This includes, in particular, collection (i.e., acquisition), recording, organization, arrangement, storage, adaption or modification, readout, query, use, disclosure by transmission, dissemination or otherwise making available, alignment, combination, restriction, deletion or destruction of personal data, as well as the change of a purpose or intended use on which a data processing was originally based.
“Controller” (Art. 4 No. 7 EU GDPR) means 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.
“Third party” (Art. 4 No. 10 EU GDPR) means any natural or legal person, public authority, agency or other body other than the data subject, the controller, the processor and the persons who are authorized to process the personal data under the direct responsibility of the controller or processor.
“Processor” (Art. 4 No. 8 EU GDPR) is a natural or legal person, authority, institution or other body that processes personal data on behalf of the controller, in particular in accordance with the controller’s instructions (e.g. IT service provider). In particular, a processor is not a third party in the sense of data protection law.
“Consent” (Art. 4 No. 11 EU GDPR) of the data subject means any freely given, specific, informed and unambiguous indication of his or her 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.
Name and address of the responsible entity for processing
Please refer to the imprint details on our website for the entity responsible for processing your personal data within the meaning of Art. 4 No. 7 EU-DSGVO, as well as contact details and other information about our company.
Contact data of the data protection officer
Our data protection team, consisting of data protection coordinators and our data protection officer, are available at all times to answer any questions you may have and to act as your contact person on the subject of data protection at our company.
You can reach the data protection team
– By mail at our address given in the imprint with the addition “data protection team”.
– By e-mail at email@example.com
You can exercise your rights as a data subject regarding your processed personal data at any time by contacting us using the contact details provided at the beginning of this document. You facilitate your request if you contact the data protection team directly.
As the data subject, you have the right:
– in accordance with Art. 15 EU-GDPR to request information about your data processed by us. In particular, you can request information about the processing purposes, the category of data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, the existence of a right to rectification, deletion, restriction of processing or objection, the existence of a right of complaint, the origin of your data if it was not collected by us, as well as the existence of automated decision-making, including profiling, and, if applicable, meaningful information about its details;
– in accordance with Art. 16 EU-GDPR to demand the immediate correction of incorrect data or the completion of your data stored by us;
– in accordance with Art. 17 EU-GDPR to request the deletion of your data stored by us, unless the processing is necessary for the exercise of the right to freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the assertion, exercise or defense of legal claims;
– in accordance with Art. 18 EU-GDPR, to demand the restriction of the processing of your data if the accuracy of the data is disputed by you or the processing is unlawful;
– in accordance with Art. 20 EU-GDPR to receive your data that you have provided to us in a structured, common and machine-readable format or to request the transfer to another controller (“data portability”);
– in accordance with Art. 7 (3) EU GDPR, to revoke your consent given once (also prior to the application of the EU GDPR, i.e. prior to 25.5.2018) – i.e. your voluntary will, made understandable in an informed manner and unambiguously by a declaration or other unambiguous confirming act, that you agree to the processing of the personal data in question for one or more specific purposes – at any time vis-à-vis us, if you have given such consent. This has the consequence that we may no longer continue the data processing, which was based on this consent, for the future and
– in accordance with Art. 77 EU GDPR to complain to a data protection supervisory authority about the processing of your personal data in our company, such as the data protection supervisory authority responsible for us.
Legal basis of data processing
By law, in principle, any processing of personal data is allowed only if the data processing falls under one of the following justifications:
Art. 6 para. 1 lit. a EU GDPR (“consent”): If the data subject has voluntarily, in an informed manner and unambiguously indicated by means of a statement or other unambiguous affirmative act that he or she consents to the processing of personal data concerning him or her for one or more specific purposes;
Art. 6 para. 1 lit. b EU GDPR (“Contract”): if the processing is necessary for the fufillment of a contract to which the data subject is party or for the performance of pre-contractual measures taken at the data subject’s request;
Art. 6 para. 1 lit. c EU GDPR (“legal obligation”): If processing is necessary for compliance with a legal obligation to which the controller is subject (e.g. a legal obligation to keep records);
Art. 6 para 1 lit. d EU GDPR: When processing is necessary to protect the vital interests of the data subject or another natural person;
Art. 6 para. 1 lit. e EU GDPR: Where 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; or
Art. 6 para. 1 lit. f EU GDPR (“Legitimate Interests”): If the processing is necessary to protect the legitimate (in particular legal or economic) interests of the controller or a third party, unless the conflicting interests or rights of the data subject override (in particular if the data subject is a minor). Insofar as the processing of personal data is based on Art. 6 para. 1 lit. f EU GDPR, the aforementioned purposes also constitute our legitimate interests.
In the following, we indicate the applicable legal basis for each of the processing operations we carry out. A processing operation may also be based on several legal bases.
Data deletion and storage duration
For the processing operations carried out by us, we indicate below in each case how long the data will be stored by us and when it will be deleted or blocked. In the case of consent, the data deletion and storage duration specified in the consent request is decisive. If no explicit storage duration is specified below, your personal data will be deleted or blocked as soon as the purpose or legal basis for the storage no longer applies. As a matter of principle, your data will only be stored in the territory of the Federal Republic of Germany, in a member state of the European Union (EU) or in another contracting state of the Agreement on the European Economic Area (EEA). Possible exceptions to this are outlined in the following sections and processing procedures.
However, storage may take place beyond the specified time in the event of a (threatened) legal dispute with you or other legal proceedings or if storage is provided for by statutory provisions to which we are subject as the responsible party (e.g. § 257 HGB, § 147 AO). If the storage duration prescribed by the legal regulations expires, the personal data will be blocked or deleted unless further storage by us is necessary and there is a legal basis for this.
Data security: website, e-Mail, Fax
We use technical and organizational security measures to protect your data against accidental or intentional manipulation, partial or complete loss, destruction or against unauthorized access by third parties (e.g. TLS encryption for our website), taking into account the state of the art, implementation costs and the scope, context and purpose of the processing, as well as the existing risks (including their probability and impact) for the data subject. Our security measures are continuously improved in line with technological developments.
For secure data transmission on the Internet, we use the hybrid encryption protocol Transport Layer Security (TLS), more widely known by its predecessor name Secure Sockets Layer Software (SSL). This software encrypts the information that is transmitted by you. All information relevant to data protection is stored in encrypted form in a protected database.
We would like to point out that the confidentiality of e-mail cannot be proven. Although we offer transport encryption (TLS) via our mail servers, confidentiality may depend on various mail relay servers over which we have no control: Whether these also use TLS and whether they evaluate the emails is beyond our control.
When you send us a fax, the transmission takes place via the Internet Protocol (FoIP). The transmission is technically identical to sending an e-mail or web page data. We do not know if an IP-based service encrypts data accordingly the confidentiality of the sent data is not guaranteed. We do not recommend sending sensitive data by fax.
We are happy to provide you with further information upon request. Please get in touch with our data protection team.
Cooperation with contract processors
As with any larger company, we also use external service providers to handle our business transactions, e.g. for the areas of IT, logistics, telecommunications: parcel delivery, sending letters or e-mails, analyzing our databases, advertising measures, processing payments, sales and marketing. These service providers have access to personal data needed to perform their tasks. However, they may not use this data for any other purpose. Processors only act on our instructions and have been contractually obligated within the meaning of Art. 28 EU-DSGVO to comply with the provisions of data protection law. Processors are not third parties.
Precondition for the transfer of personal data to third countries
In the framework of our business relationships, your personal data may be transferred or disclosed to third party companies. These may also be located outside the European Economic Area (EEA), i.e. in third countries. Such processing is carried out exclusively for the fulfillment of contractual and business obligations and to maintain your business relationship with us. We will inform you about the respective details of the transfer in the following at the relevant points.
The European Commission certifies that some third countries have a level of data protection comparable to the EEA standard by means of so-called adequacy decisions. The Commission has issued adequacy decisions for the following countries and territories: Andorra, Argentina, Canada, Faroe Islands, Guernsey, Israel, Isle of Man, Japan, Jersey, New Zealand, Switzerland, Uruguay, the Republic of Korea and the United Kingdom (as of Dec. 2021).
However, in other third countries to which personal data may be transferred, there may not be a consistently high level of data protection due to a lack of legal provisions. If this is the case, we ensure that data protection is adequately guaranteed. This is possible through binding company regulations, standard contractual clauses of the European Commission for the protection of personal data, certificates or recognized codes of conduct. Please contact our data protection team if you would like more information on this.
Automated decision making
We do not intend to use any personal data collected from you for any automated decision making process (including profiling).
Obligation to provide personal data
We do not make the conclusion of contracts with us dependent on you providing us with personal data in advance. As a customer, you are under no legal or contractual obligation to provide us with your personal data; however, we may only be able to provide certain services to a limited extent or not at all if you do not provide the necessary data. If this should exceptionally be the case within the scope of the products or processing procedures presented below, you will be informed separately.
Legal obligation to transmit certain data
We may be subject to a specific legal or statutory obligation to provide the lawfully processed personal data to third parties, in particular public bodies (Art. 6 (1) c EUGDPR).
Informations on the processing of personal data in special processing operations
The following sections describe processing operations grouped by different categories of individuals whose data are processed (“data subjects”).
Information about our company and the services we offer can be found in particular at www.hammerl.de together with the associated subpages (hereinafter collectively referred to as “websites”). When you visit our websites, personal data will be processed.
Your data will only be processed for as long as is necessary to achieve the above-mentioned processing purposes; the legal bases stated in the context of the processing purposes apply accordingly. Third parties engaged by us will store your data on their system for as long as is necessary in connection with the provision of the services for us in accordance with the respective order.
The following categories of recipients, which are usually processors, may receive access to your personal data:
Service providers for the operation of our website and the processing of data stored or transmitted by the systems (e.g. for data center services, payment processing, IT security). The legal basis for the transfer is then Art. 6 para. 1 lit. b or lit. f EU GDPR, insofar as they are not order processors;
Government agencies/authorities, insofar as this is necessary to fulfill a legal obligation. The legal basis for the disclosure is then Art. 6 para. 1 lit. c EU GDPR;
Persons employed to carry out our business operations (e.g. auditors, banks, insurance companies, legal advisors, supervisory authorities, parties involved in company acquisitions or the establishment of joint ventures). The legal basis for the disclosure is then Art. 6 para. 1 lit. b or lit. f EU GDPR.
In addition, we will only disclose your personal data to third parties if you have given your express consent to do so in accordance with Art. 6 (1) a EU-DSGVO.
Personal data processed on the website/log data
During the informative use of the websites, the following categories of personal data are collected, stored and processed by us. When you visit our websites, a so-called log data record (so-called server log files) is stored temporarily and anonymously on our web server. This consists in particular of:
– the page from which the page was requested (so-called referrer URL)
– the name and URL of the requested page
– the date and time of the request
– the description of the type, language and version of the web browser used
– the IP address of the requesting computer
– the amount of data transferred
– the operating system
– the message whether the call was successful (access status/HTTP status code)
– the GMT time zone difference
The processing of the log data serves statistical purposes and the improvement of the quality of our website, in particular the stability and security of the connection (legal basis is Art. 6 para. 1 lit. f EU GDPR).
It is possible that we process further information that your operating system, your browser and/or other of your technologies provide to our web servers, at short notice to provide the websites. The legal basis for this is also Art. 6 para. 1 lit. f EU GDPR.
On our websites, we use services and technologies to store information on your terminal device and/or technologies to access information that is already stored on your terminal device. These technologies can be cookies, for example. Cookies are text files and/or entries in the browser’s own database, which assigns the browser you are using by a characteristic string. In the process, certain information flows between the entity that sets the cookie and your terminal device.
Cookies and other services may contain data that make it possible to recognize the device used. In some cases, cookies and other technologies only contain information about certain settings, which are not personally identifiable.
You can reject or technically prevent some services, provided that your browser allows this. However, we would like to point out that in this case you will not be able to use all functions of our website to their full extent.
With regard to their function, services are again distinguished between:
Technical services: these are mandatory to move around the website, use basic functions and ensure the security of the website; they do not collect information about you for marketing purposes, nor do they store which web pages you have visited;
Performance Service: these collect information about how you use our website, which pages you visit and, for example, whether errors occur during website use; they do not collect information that could identify you – all information collected is anonymous and is used only to improve our website and to find out what interests our users;
Advertising, Targeting & Sharing services, social media plugins: These are used to offer website users tailored advertising on the website or third-party offers and to measure the effectiveness of these offers. These services may also serve to improve the interactivity of our website with other services (e.g. social networks).
Common to all services is that they store information on your terminal device and/or access information that is already stored on your terminal device.
In contrast to the functional distinction of services, the legislation distinguishes only between two purposes of services:
1. Services necessary to carry out the transmission of a message via a public telecommunications network and/or absolutely necessary for the provider of a telemedia service to be able to provide a telemedia service expressly requested by the user. Necessity may be based on technical, legal, economic, operational and/or contractual agreements.
2. Services for all other purposes.
Any use of services that are compellingly required technically, legally, economically, operationally and/or contractually in order to provide an expressly requested service may be based on a legal basis other than consent pursuant to Art. 6 (1) lit. a EU GDPR.
General services on your website
We currently use the following services described above. Insofar as the processing is based on a consent pursuant to Art. 6 (1) lit. a EU GDPR, we also state the manner in which consent is requested.
Consent Management Tool/ Consent Management Provider / “Cookie Banner”
We use services to solicit and manage consent for individual services.
Service: Borlabs Cookie
This website uses the Borlabs Cookie service, a consent management tool. The service asks for consent to use cerain services on the website. These consents are obtained and documented in accordance with data protection laws. The provider of the service is Borlabs – Benjamin A. Bornschein, Rübenkamp 32, 22305 Hamburg (Borlabs).
The Service sets a necessary cookie (“borlabs-cookie”). The “borlabs-cookie” stores the following information: runtime, version, domain and path of the WordPress website, consents and UID (a randomly generated ID). The data is stored until you delete the cookie yourself or the storage period of one year is reached.
Data is processed in order to obtain legally required consent and, where applicable, as part of our legitimate interest in making our website legally compliant and low-risk (legal basis Art. 6 para. 1 lit. c and, where applicable, lit. f EU GDPR).
We use the service “Vimeo” on our website, provider is Vimeo Inc., 555 West 18th Street, New York, New York 10011, USA (hereinafter Vimeo). The service provides video content via a plugin. The plugin must process at least the IP address of the website visitor, since without the IP address the content could not be sent to the browser. The IP address is thus absolutely necessary for the display of this content or functionality. Typically, other types of data presented in the section “Personal data processed on the website/log data” are also processed by the service.
At the same time, the presentation of video content is technically and commercially absolutely necessary so that website visitors can obtain qualified information about our services. Therefore, the legal basis is Art. 6 para. 1 lit. f EU-DSGVO. Should we use a consent management tool, we may also decide to base the processing on consent pursuant to Art. 6 (1) lit. a. EU GDPR. You can then find more details on consent in the Consent Management Tool.
We use the Quform service on our websites. The provider of the service is ThemeCatcher Ltd, Wenlock Road 20-22, London, United Kingdom. Quform enables us to create surveys and forms and integrate them into our website. These tools are used to conduct surveys on various topics on our website. We can use the forms to create enquiries and information on any topic and integrate them into the website. These forms and surveys can be filled out or answered by you as a website visitor. In the course of visiting the website and filling out or answering the surveys or forms, personal data of you as a website visitor will be processed. In particular, this includes your IP address and other data entered by you as a website visitor in the forms or as part of surveys. This personal data is processed by the website operator and by the provider of the survey or form tool (our processor) and stored on their servers. The legal basis for this is Art. 6 para. 1 lit. f EU GDPR. Our legitimate interest lies in the appealing and efficient design of our website. If we use a consent management tool, we may also decide to base the processing on consent in accordance with Art. 6 para. 1 lit. a. EU GDPR. You can find more details on consent in the consent management tool.
Data will not be processed in the manner described above without your consent. If you withdraw your consent (e.g. via the consent banner or other options provided on this website), we will terminate this data processing. This does not affect the legality of the processing carried out up to the point of withdrawal.
You can apply to us in various ways. Regardless of how you apply to us, your applicant data will be processed exclusively for the purpose of processing your application and will be stored for a maximum of six months after the end of the selection process and then deleted unless you give us your consent to further processing in a talent pool.
In the context of an application, we process the following personal data from you:
– All data that you have provided to us in the course of the application process (e.g. in your application documents or interviews).
– If applicable, supplementary data that we have permissibly collected in the course of the application process (e.g. from public sources such as professional networks)
– this may also include special categories of personal data (e.g. severely disabled status, racial and ethnic origin, religious or ideological beliefs, or trade union membership), provided that these have been transmitted to us in one of the two aforementioned ways.
Legal basis is decision on the establishment of an employment relationship or after the establishment of the employment relationship for its implementation according to §26 para.1 BDSG-neu and Art. 6 para. 1 lit. b EU GDPR. After the end of the selection process, we retain all data for a further six months in order to be able to respond legally to such allegations in the event of possible disputes regarding the application process. This temporary storage takes place on the basis of Art. 6 para. 1 lit. f EU GDPR.
Service: Application by e-mail
You have the option of applying to us by e-mail. Please send your application documents to firstname.lastname@example.org. We would like to point out that we cannot guarantee the confidentiality of your data when you apply via e-mail. Although we offer transport encryption (TLS) via our mail server, confidentiality may depend on various mail relay servers over which we have no control. Whether these also use TLS and whether they evaluate the e-mails is beyond our knowledge and influence. If you have any concerns in this regard, please use the postal service for your application.
Business partners and information seekers
You have the option of contacting us by telephone, fax or e-mail. Please also refer to the section “Data security: website, e-mail, fax”.
When you contact us by phone, we collect caller identification information (caller ID). So, if your phone number is not suppressed or withheld, we will see the phone number from which you call us. The phone number, call date and call time are automatically stored by our phone system and are only used to call you back if you have requested us to do so or if your call is dropped due to technical problems. This data is deleted after 4 weeks at the latest. We do not record calls.
If you contact us by e-mail, this will be stored and used for the purpose you have communicated to us in the e-mail (e.g. product order).
The same applies to contact by fax.
If you order products from us or request information material, we will create a customer account for you. The customer account contains the following data:
– The name and contact details of the company for which you are placing the order
– Your first and last name as contact person
For each order processed through this customer account we store:
– Date of order and delivery
– ordered products
– current order status
This data is required to process your order and/or inquiry and is only processed for this purpose (Art. 6 para. 1 lit. b or lit. f EU-DSGVO). Unless otherwise described, the deletion periods for this data are based on the statutory retention obligations to which we are subject.
We offer communication channels to whistleblowers in order to receive information regarding suspected violations of legal provisions relevant to us. Personal data may also be processed in the process. The categories of personal data depend on the whistleblower.
The information provided is used, among other things, for the purpose of reviewing and documenting the reports, for internal investigations (including disclosure to external lawyers, auditors or other professionals bound by professional secrecy as well as to responsible persons in other parts of the group of companies – if applicable) and, if necessary, for disclosure to government agencies (e.g. police, public prosecutor’s office or courts).
The storage period is based on the legal requirements, typically three years after the conclusion of proceedings.
We guarantee confidential processing to all whistleblowers. This is based on the legal requirements of the Whistleblower Protection Act in §8 and §9. In principle, we accept anonymous information, but cannot guarantee the anonymity of the whistleblower in the context of a legal proceeding.
The legal basis for processing is the fulfilment of legal obligations (Art. 6 para. 1 lit. c EU GDPR).
We use the GlobaLeaks service provided by Solutions Impresa Sociale S.r.l. (WBS), based in Milan, Viale Aretusa 34, Italy. GlobaLeaks is a whistleblowing platform that enables our employees to create and submit anonymous reports on ethical violations or grievances in our company.
The GlobaLeaks service processes the following data: Information provided by the reporter, including text messages, file attachments and other relevant information. Usage data related to the reports, such as time of submission and IP addresses. The data is processed to enable the submission of reports, to investigate ethical violations or abuses in our company and to take appropriate action. The processing serves the purpose of maintaining the integrity and ethics of our company.
The legal basis for the processing of this data is the fulfilment of our legal obligations under the Whistleblower Protection Act (HinschG) pursuant to Art. 6 para. 1 lit. c EU GDPR and the protection of our legitimate interests pursuant to Art. 6 para. 1 lit. f EU GDPR in maintaining an ethical corporate culture.
This page is a translation of the German original. For any dispute the German version of this document will be the legal basis.