Privacy policy of Duken & v. Wangenheim AG and Duken & v. Wangenheim GmbH
We are very delighted that you have shown interest in our enterprise. Data protection is of a particularly high priority for the management of Duken & v. Wangenheim AG.
It is possible to use the Duken & v. Wangenheim AG website without providing any personal data. However, if a person concerned wishes to make use of special services of our company via our website, it may be necessary to process personal data. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the data subject.
The processing of personal data, such as the name, address, e-mail address or telephone number of a data subject, is always carried out in accordance with the General Data Protection Regulation and in accordance with the country-specific data protection regulations applicable to Duken & v. Wangenheim AG. By means of this data protection declaration, our company would like to inform the public about the type, scope and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed of the rights to which they are entitled by means of this data protection declaration.
As the controller, Duken & v. Wangenheim AG has implemented numerous technical and organisational measures to ensure that the personal data processed via this website is protected as completely as possible. Nevertheless, Internet-based data transmissions can generally have security gaps, so absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us by alternative means, for example by telephone.
1. Definitions of terms
The data protection declaration of Duken & v. Wangenheim AG is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our privacy policy should be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to explain the terminology used in advance.
We use the following terms, among others, in this privacy policy
a) Personal data
Personal data means any information relating to an identified or identifiable natural person (hereinafter referred to as "data subject"). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
b) Person concerned
Data subject is any identified or identifiable natural person whose personal data is processed by the controller responsible for the processing.
c) Verarbeitung
Verarbeitung ist jeder mit oder ohne Hilfe automatisierter Verfahren ausgeführte Vorgang oder jede solche Vorgangsreihe im Zusammenhang mit personenbezogenen Daten wie das Erheben, das Erfassen, die Organisation, das Ordnen, die Speicherung, die Anpassung oder Veränderung, das Auslesen, das Abfragen, die Verwendung, die Offenlegung durch Übermittlung, Verbreitung oder eine andere Form der Bereitstellung, den Abgleich oder die Verknüpfung, die Einschränkung, das Löschen oder die Vernichtung.
d) Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of restricting its future processing.
e) Profiling
Profiling is 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 analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
f) Pseudonymisation
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 organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
g) Controller or controller responsible for the processing
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.
h) Processor
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
i) Receiver
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 enquiry in accordance with Union or Member State law shall not be regarded as recipients.
j) Third
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 authorised to process personal data.
k) Consent
Consent 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.
2. Name and address of the controller
The controller within the meaning of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union and other provisions of a data protection nature is the:
Duken & v. Wangenheim AG
Grosjeanstr. 4
81925 München
Germany
Phone: +49 (0)89 99 84 330
E-mail: info@wangenheim.de
Website: www.wangenheim.de
3. Name and address of the data protection officer
The data protection officer of the controller is:
Datenschutzbeauftragter
Duken & v. Wangenheim AG
Grosjeanstr. 4
81925 München
Germany
Phone: +49 (0)89 99 84 330
E-mail: datenschutz@wangenheim.de
Website: www.wangenheim.de
Any data subject can contact our data protection officer directly at any time with any questions or suggestions regarding data protection.
4. Hosting
The Duken & v. Wangenheim AG website is hosted by an external service provider (hoster). The operating company of the services is Vercel Inc, 440 N Barranca Ave #4133, Covina, CA 91723, USA.
The personal data collected on this website is stored on the hoster's servers. This may include IP addresses, contact requests, meta and communication data, contract data, contact details, names, access to websites and other data generated via a website.
The hoster is used for the purpose of fulfilling the contract with our potential and existing customers (Art. 6 para. 1 lit. b GDPR) and in the interest of a secure, fast and efficient provision of our online offer by a professional provider (Art. 6 para. 1 lit. f GDPR).
The hoster will only process the data to the extent necessary to fulfil its performance obligations and follow our instructions with regard to this data.
Depending on the server location, the data will also be transferred to the USA. A data processing agreement (DPA) has been concluded with the above-mentioned operating company (hoster). This is a contract required by data protection law, which ensures that the hoster only processes the personal data of our website visitors in accordance with our instructions and in compliance with the GDPR. In addition, data is transferred to the USA on the basis of the EU Commission's standard contractual clauses. Link
Further information and the applicable data protection provisions can be accessed here.
5. Cookies
The Internet pages of Duken & v. Wangenheim AG use cookies. Cookies are text files that are placed and stored on a computer system via an Internet browser.
Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a string of characters that can be used to assign websites and servers to the specific internet browser in which the cookie was stored. This enables the websites and servers visited to distinguish the individual browser of the data subject from other Internet browsers that contain other cookies. A specific Internet browser can be recognised and identified via the unique cookie ID.
Through the use of cookies, the Duken & v. Wangenheim AG can provide the users of this website with more user-friendly services that would not be possible without the cookie setting.
By means of a cookie, the information and offers on our website can be optimised for the benefit of the user. As already mentioned, cookies enable us to recognise the users of our website. The purpose of this recognition is to make it easier for users to use our website. For example, the user of a website that uses cookies does not have to re-enter their access data each time they visit the website because this is taken over by the website and the cookie stored on the user's computer system. Another example is the cookie of a shopping basket in an online shop. The online shop remembers the items that a customer has placed in the virtual shopping basket via a cookie.
The data subject can prevent the setting of cookies by our website at any time by means of a corresponding setting of the Internet browser used and thus permanently object to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via an internet browser or other software programmes. This is possible in all common internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be fully usable.
6. Collection of general data and information
The website of the Duken & v. Wangenheim AG collects a series of general data and information when a data subject or automated system calls up the website. This general data and information is stored in the server log files. The following can be recorded
(1) browser types and versions used,
(2) the operating system used by the accessing system
(3) the website from which an accessing system reaches our website (so-called referrer)
(4) the sub-websites which are accessed via an accessing system on our website
(5) the date and time of access to the website
(6) an internet protocol address (IP address),
(7) the internet service provider of the accessing system and
(8) other similar data and information used for security purposes in the event of attacks on our information technology systems.
When using this general data and information, Duken & v. Wangenheim AG does not draw any conclusions about the person concerned. Rather, this information is required in order to
(1) deliver the content of our website correctly,
(2) optimise the content of our website and the advertising for it,
(3) ensure the long-term functionality of our information technology systems and the technology of our website, and
(4) to provide law enforcement authorities with the information necessary for criminal prosecution in the event of a cyber attack.
Therefore, Duken & v. Wangenheim AG analyses anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.
7. Subscription to our newsletter
On the website of the Duken & v. Wangenheim AG, users are given the opportunity to subscribe to our enterprise's newsletter. The input mask used for this purpose determines what personal data are transmitted to the controller when the newsletter is ordered.
Duken & v. Wangenheim AG informs its customers and business partners regularly by means of a newsletter about enterprise offers. Our company's newsletter can only be received by the data subject if (1) the data subject has a valid e-mail address and (2) the data subject registers to receive the newsletter. For legal reasons, a confirmation e-mail is sent to the e-mail address entered by a data subject for the first time for the newsletter dispatch using the double opt-in procedure. This confirmation email is used to check whether the owner of the email address as the data subject has authorised receipt of the newsletter.
When registering for the newsletter, we also store the IP address assigned by the Internet service provider (ISP) of the computer system used by the data subject at the time of registration, as well as the date and time of registration. The collection of this data is necessary in order to be able to trace the (possible) misuse of a data subject's e-mail address at a later date and therefore serves as legal protection for the controller.
The personal data collected when registering for the newsletter is used exclusively to send our newsletter. Furthermore, subscribers to the newsletter may be informed by e-mail if this is necessary for the operation of the newsletter service or a registration in this regard, as could be the case in the event of changes to the newsletter offer or in the event of a change in technical circumstances. The personal data collected as part of the newsletter service will not be passed on to third parties. The subscription to our newsletter can be cancelled by the data subject at any time. The consent to the storage of personal data, which the data subject has given us for the newsletter dispatch, can be revoked at any time. There is a corresponding link in every newsletter for the purpose of revoking consent.
The personal data transmitted by the data subject for sending the newsletter is stored and processed by the controller in the Propstack CRM software in compliance with data protection regulations.
Propstack is used on the basis of Art. 6 para. 1 lit. f GDPR. The controller has a legitimate interest in the most efficient customer management and customer communication possible.
The controller has concluded a data processing agreement (DPA) with Propstack. This is a contract prescribed by data protection law, which ensures that Propstack only processes the personal data of website visitors in accordance with the instructions of the controller and in compliance with the GDPR.
8. Newsletter-Tracking
The newsletters of Duken & v. Wangenheim AG contain so-called tracking pixels. A tracking pixel is a miniature graphic that is embedded in e-mails that are sent in HTML format to enable log file recording and log file analysis. This allows the success or failure of online marketing campaigns to be statistically analysed. Based on the embedded tracking pixel, Duken & v. Wangenheim AG may see if and when an e-mail was opened by a data subject, and which links in the e-mail were called up by data subjects.
Such personal data collected via the tracking pixels contained in the newsletters are stored and evaluated by the controller in order to optimise the newsletter dispatch and to adapt the content of future newsletters even better to the interests of the data subject. This personal data is not passed on to third parties.
9. Contact via the website
The website of the Duken & v. Wangenheim AG contains information that enables a quick electronic contact to our enterprise, as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the data controller by e-mail or via a contact form, the personal data transmitted by the data subject is automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the controller are stored for the purpose of processing the enquiry or contacting the data subject. This personal data is not passed on to third parties.
10. Data protection provisions about the application and use of Propstack (CRM software)
The data controller uses Propstack to manage real estate, interested party and customer data and to send real estate exposés and real estate offers.
The company operating the Propstack services is Propstack GmbH, Mollstraße 31, 10249 Berlin.
Propstack is a real estate management system with an integrated CRM system. Among other things, it enables the data controller to manage properties and contacts of customers and interested parties and to organize sales and communication processes. Using the system also makes it possible to analyze customer-related processes.
Propstack also enables real estate exposés to be sent to interested parties who have requested them.
A requested exposé is accessed via Propstack. Before the exposé is made available, legally required evidence such as confirmation of the brokerage contract and revocation instructions are documented.
The prospective customer and customer data stored in Propstack is saved on Propstack's servers. Further information on the possible functions of Propstack can be accessed here.
Propstack is used on the basis of Art. 6 para. 1 lit. f GDPR. The controller has a legitimate interest in the most efficient customer management and customer communication possible. If a corresponding consent has been requested, the processing is carried out exclusively on the basis of Art. 6 para. 1 lit. a GDPR; the consent can be revoked at any time.
The controller has concluded a data processing agreement (DPA) with the above-mentioned provider. This is a contract prescribed by data protection law, which guarantees that the provider will only process the personal data of website visitors in accordance with the controller's instructions and in compliance with the GDPR.
11. Data protection provisions about the application and use of Google Analytics (with anonymization function)
The data controller has integrated the Google Analytics component (with anonymization function) on this website. Google Analytics is a web analysis service. Web analysis is the collection, gathering and evaluation of data about the behavior of visitors to websites. Among other things, a web analysis service collects data about the website from which a data subject came to a website (so-called referrer), which subpages of the website were accessed or how often and for how long a subpage was viewed. Web analysis is mainly used to optimize a website and for the cost-benefit analysis of Internet advertising.
The operating company of the Google Analytics component is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.
The data controller uses the addition "_gat._anonymizeIp" for web analysis via Google Analytics. By means of this addition, the IP address of the Internet connection of the person concerned is shortened and anonymized by Google if access to our Internet pages is from a member state of the European Union or from another state party to the Agreement on the European Economic Area.
The purpose of the Google Analytics component is to analyze the flow of visitors to our website. Google uses the data and information obtained, among other things, to evaluate the use of our website, to compile online reports for us that show the activities on our website, and to provide other services related to the use of our website.
Google Analytics places a cookie on the data subject's IT system. What cookies are has already been explained above. By setting the cookie, Google is enabled to analyze the use of our website. Each time one of the individual pages of this website is accessed, which is operated by the data controller and on which a Google Analytics component has been integrated, the Internet browser on the information technology system of the data subject is automatically prompted by the respective Google Analytics component to transmit data to Google for the purpose of online analysis. During the course of this technical procedure, Google gains knowledge of personal information, such as the IP address of the data subject, which serves Google, inter alia, to understand the origin of visitors and clicks, and subsequently create commission settlements.
The cookie is used to store personal information, such as the access time, the location from which access was made and the frequency of visits to our website by the data subject. Each time our website is visited, this personal data, including the IP address of the Internet connection used by the data subject, is transmitted to Google in the United States of America. This personal data is stored by Google in the United States of America. Google may share this personal data collected through the technical process with third parties.
The data subject may, as stated above, prevent the setting of cookies through our website at any time by means of a corresponding adjustment of the web browser used and thus permanently deny the setting of cookies. Such a setting of the Internet browser used would also prevent Google from placing a cookie on the data subject's IT system. In addition, a cookie already set by Google Analytics can be deleted at any time via the Internet browser or other software programs.
Furthermore, the data subject has the option of objecting to and preventing the collection of data generated by Google Analytics relating to the use of this website and the processing of this data by Google. To do this, the data subject must download a browser add-on from here and install it. This browser add-on informs Google Analytics via JavaScript that no data and information about visits to websites may be transmitted to Google Analytics. The installation of the browser add-on is considered an objection by Google. If the data subject's IT system is deleted, formatted or reinstalled at a later date, the data subject must reinstall the browser add-on in order to deactivate Google Analytics. If the browser add-on is uninstalled or deactivated by the data subject or another person who is attributable to their sphere of control, it is possible to reinstall or reactivate the browser add-on.
Google Analytics is explained in more detail here.
Further information and the applicable data protection provisions of Google may be retrieved here and here.
12. Data protection provisions about the application and use of Instagram
The data controller has integrated components of the Instagram service on this website. Instagram is a service that qualifies as an audiovisual platform and allows users to share photos and videos and also to redistribute such data in other social networks.
The operating company of Instagram's services is Meta Platforms Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland (parent company: Meta Platforms, Inc, 1601 Willow Road Menlo Park, CA 94025 United States);
With each call-up to one of the individual pages of this Internet site, which is operated by the controller and on which an Instagram component (Insta button) was integrated, the Internet browser on the information technology system of the data subject is automatically prompted to the download of a display of the corresponding Instagram component of Instagram. As part of this technical process, Instagram receives information about which specific subpage of our website is visited by the data subject.
If the data subject is logged in at the same time on Instagram, Instagram detects with every call-up to our website by the data subject-and for the entire duration of their stay on our Internet site-which specific sub-page of our Internet page was visited by the data subject. This information is collected by the Instagram component and assigned by Instagram to the respective Instagram account of the data subject. If the data subject clicks on one of the Instagram buttons integrated on our website, the data and information transmitted with it is assigned to the personal Instagram user account of the data subject and stored and processed by Instagram.
Instagram always receives information via the Instagram component that the data subject has visited our website if the data subject is logged in to Instagram at the same time as accessing our website; this takes place regardless of whether the data subject clicks on the Instagram component or not. If the data subject does not want this information to be transmitted to Instagram, they can prevent the transmission by logging out of their Instagram account before accessing our website.
It cannot be ruled out that Meta may transfer data to the USA for storage and further processing. If such a data transfer to the USA takes place, it is based on the standard contractual clauses of the EU Commission: Link
Further information and the applicable data protection provisions of Instagram can be accessed here and here.
13. Data protection provisions about the application and use of LinkedIn
The controller has integrated components of the LinkedIn service on this website. LinkedIn is a service that qualifies as an audiovisual platform and allows users to share photos and videos and also to redistribute such data in other social networks.
The company operating the LinkedIn services is LinkedIn Ireland Unlimited Company, Wilton Place, Dublin 2, Ireland.
With each call-up to one of the individual pages of this Internet site, which is operated by the controller and on which a LinkedIn component (LinkedIn button) was integrated, the Internet browser on the information technology system of the data subject is automatically prompted to the download of a display of the corresponding LinkedIn component of LinkedIn. During the course of this technical procedure, LinkedIn gains knowledge of what specific sub-page of our website was visited by the data subject.
If the data subject is logged in to LinkedIn at the same time, LinkedIn recognizes which specific subpage the data subject is visiting each time the data subject accesses our website and for the entire duration of their stay on our website. This information is collected by the LinkedIn component and assigned by LinkedIn to the respective LinkedIn account of the data subject. If the data subject clicks on one of the LinkedIn buttons integrated on our website, the data and information transmitted with it is assigned to the personal LinkedIn user account of the data subject and stored and processed by LinkedIn.
LinkedIn always receives information via the LinkedIn component that the data subject has visited our website if the data subject is logged in to LinkedIn at the same time as accessing our website; this takes place regardless of whether the data subject clicks on the LinkedIn component or not. If the data subject does not want this information to be transmitted to Instagram, they can prevent the transmission by logging out of their LinkedIn account before accessing our website.
It cannot be ruled out that LinkedIn may transfer data to the USA for storage and further processing. If such a data transfer to the USA takes place, it is based on the standard contractual clauses of the EU Commission: Link and Link
Further information and the applicable data protection provisions of LinkedIn can be found here and here.
14. Data protection provisions about the application and use of Google Maps
The controller has integrated Google Maps (API) on this website. The operating company of the Google Maps services is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland ("Google"). By integrating Google Maps, interactive maps can be displayed directly on the website and enable convenient use of the map view.
By visiting the website, Google receives the information that the data subject has accessed the corresponding subpage of our website. This occurs regardless of whether Google provides a user account through which the data subject is logged in or whether no user account exists. If the data subject is logged in to Google, the data of the data subject is assigned directly to the account. If the data subject does not wish to be associated with the Google profile, the data subject must log out before activating the button. Google stores the data of the data subject as usage profiles and uses them for the purposes of advertising, market research and/or the needs-based design of its website. Such an evaluation is carried out in particular (even for users who are not logged in) to provide needs-based advertising and to inform other users of the social network about your activities on our website. The data subject has the right to object to the creation of these user profiles, whereby the data subject must contact Google to exercise this right.
Data processing, in particular the setting of cookies, is carried out with the consent of the data subject on the basis of Art. 6 Abs. 1 lit. a DSGVO. Consent can be withdrawn at any time with effect for the future without affecting the lawfulness of processing based on consent before its withdrawal.
Further information and the applicable data protection provisions of Google can be accessed here.
15. Rights of the data subject
The data controller has integrated the YouTube embedding function on this website to display and play videos from the provider YouTube, a service of Google Ireland Limited, Google Building Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland, (parent company: Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA), hereinafter referred to as "Google". YouTube videos are integrated into the online real estate offers on the website, which are stored here and can be played directly from this website.
The extended data protection mode is used here, which, according to the provider, only initiates the storage of user information when the video(s) is/are played; in any case, however, there is a connection with YouTube and the Google advertising network "DoubleClick". If the playback of embedded YouTube videos is started, the provider YouTube uses cookies or comparable recognition technologies to collect information about user behavior. If the data subject is logged in to Google, the data is assigned directly to the data subject's account. If the data subject does not wish to be associated with the YouTube profile, the data subject must log out before activating the button. YouTube stores the data of the data subject as usage profiles and uses them for the purposes of advertising, market research and/or the needs-based design of its website. Such an evaluation is carried out in particular (even for users who are not logged in) to provide needs-based advertising and to inform other users of the social network about the activities on this website. The data subject has the right to object to the creation of these user profiles, whereby the data subject must contact YouTube to exercise this right.
Data processing is based on the consent of the data subject in accordance with Art. 6 para. 1 lit. a GDPR. Consent can be withdrawn at any time without affecting the lawfulness of processing based on consent before its withdrawal.
Further information and the applicable data protection provisions of YouTube can be accessed here.
16. Routine deletion and blocking of personal data
The controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to.
If the storage purpose no longer applies or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data is routinely blocked or erased in accordance with the statutory provisions.
17. Rights of the data subject
a) Right to confirmation
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.
b) Right to information
Any person affected by the processing of personal data has the right, granted by the European legislator, to obtain from the controller free information about the personal data stored about him or her and a copy of this information at any time. Furthermore, the European legislator has granted the data subject access to the following information:
the purposes of processing
the categories of personal data that are processed
the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations
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
if the personal data are not collected from the data subject: All available information about the origin of the data
the existence of automated decision-making, including profiling, referred to in Artikel 22 Abs.1 und 4 DS-GVO and — at least in those cases — meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject
Furthermore, the data subject has a right to information as to whether personal data has been transferred to a third country or to an international organization. If this is the case, the data subject also has the right to obtain information about the appropriate safeguards in connection with 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.
c) Right to rectification
Any person affected by the processing of personal data has the right granted by the European legislator of directives and regulations to demand the immediate correction of incorrect personal data concerning them. Taking into account the purposes of the processing, the data subject shall also 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.
d) Right to erasure (right to be forgotten)
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 have been collected or otherwise processed for purposes for which they are no longer necessary.
The data subject withdraws consent on which the processing is based according to Art. 6 Abs. 1 Buchstabe a DS-GVO or Art. 9 Abs. 2 Buchstabe a DS-GVO, and where there is no other legal ground for the processing.
The data subject objects to the processing pursuant to Art. 21 Abs. 1 DS-GVO and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Art. 21 Abs. 2 DS-GVO.
The personal data has been processed unlawfully.
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 Art. 8 Abs. 1 DS-GVO.
If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by Duken & v. Wangenheim AG, he or she may, at any time, contact any employee of the controller. An employee of Duken & v. Wangenheim AG shall promptly ensure that the erasure request is complied with immediately.
If the personal data has been made public by Duken & v. Wangenheim AG and if our company is obliged to delete the personal data as the person responsible pursuant to Art. 17 Abs. 1 DS-GVO, Duken & v. Wangenheim AG shall take appropriate measures to ensure that the personal data is deleted immediately. Wangenheim AG shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform other data controllers who process the published personal data that the data subject has requested the deletion of all links to this personal data or of copies or replications of this personal data from these other data controllers, insofar as the processing is not necessary. An employees of Duken & v. Wangenheim AG will arrange the necessary measures in individual cases.
e) Right to restriction of processing
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 defense of legal claims.
The data subject has objected to processing pursuant to Art. 21 Abs. 1 DS-GVO 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 Duken & v. Wangenheim AG, he or she may at any time contact any employee of the controller. The employee of Duken & v. Wangenheim AG will arrange for the processing to be restricted.
f) Right to data portability
Any person affected by the processing of personal data has the right, granted by the European legislator, to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format. He or she also has the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where the processing is based on consent pursuant to Art. 6 Abs. 1 Buchstabe a DS-GVO oder Art. 9 Abs. 2 Buchstabe a DS-GVO or on a contract pursuant to Art. 6 Abs. 1 Buchstabe b DS-GVO and the processing is carried out by automated means, unless the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Furthermore, in exercising his or her right to data portability pursuant to Art. 20 Abs. 1 DS-GVO, the data subject shall have the right to have the 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 Duken & v. Wangenheim AG.
g) Right to object
Any person affected by the processing of personal data has 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 Art. 6 Abs. 1 Buchstaben e or f DS-GVO. This also applies to profiling based on these provisions.
Duken & v. Wangenheim AG 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 defense of legal claims.
If Duken & v. Wangenheim AG 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 also applies to profiling insofar as it is associated with such direct advertising. If the data subject objects to the Duken & v. Wangenheim AG to the processing for direct marketing purposes, the Duken & v. Wangenheim AG 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 Duken & v. Wangenheim AG for scientific or historical research purposes, or for statistical purposes pursuant to Art. 89 Abs. 1 DS-GVO, 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 Duken & v. Wangenheim AG. The data subject is also free, in the context of the use of information society services, and notwithstanding Richtlinie 2002/58/EG, to exercise his or her right to object by automated means using technical specifications.
h) Automated decisions in individual cases including profiling
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, provided that the decision (1) is not necessary for the conclusion or performance of a contract between the data subject and the controller, or (2) is authorized 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 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 Duken & v. Wangenheim AG 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 controller.
i) Right to withdraw consent under data protection law
Any person affected by the processing of personal data has the right granted by the European legislator of directives and regulations to revoke consent to the processing of 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 controller.
18. Data protection for applications and in the application process
The controller collects and processes the personal data of applicants for the purpose of handling the application process. Processing may also be carried out electronically. This is particularly the case if an applicant submits corresponding application documents to the controller electronically, for example by email or via a web form on the website.
If the controller concludes an employment contract with an applicant, the transmitted data will be stored for the purpose of processing the employment relationship in compliance with the statutory provisions. If the controller does not conclude an employment contract with the applicant, the application documents will be automatically deleted two months after notification of the rejection decision, provided that no other legitimate interests of the controller stand in the way of deletion. Other legitimate interest in this sense is, for example, a burden of proof in proceedings under the Allgemeinen Gleichbehandlungsgesetz (AGG).
Further information on the processing of personal data by the body responsible for the online application process can be found here.
19. Legal basis of the processing
Art. 6 I lit. a DS-GVO serves our company 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 or consideration, the processing is based on Art. 6 I lit. b DS-GVO. The same applies to such processing operations that are necessary to carry out pre-contractual measures, for example in cases of inquiries about our products or services. If our company is subject to a legal obligation which requires the processing of personal data, such as for the fulfillment of tax obligations, the processing is based on Art. 6 I lit. c DS-GVO. In rare cases, the processing of personal data may become necessary in order to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were injured in our company and their name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. The processing would then be based on Art. 6 I lit. d DS-GVO. Ultimately, processing operations could be based on Art. 6 I lit. f DS-GVO. Processing operations that are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to safeguard a legitimate interest of our company or a third party, provided that the interests, fundamental rights and freedoms of the data subject do not prevail. We are permitted to carry out such processing operations in particular because they have been specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (Erwägungsgrund 47 Satz 2 DS-GVO).
20. Legitimate interests in the processing pursued by the controller or a third party
Where the processing of personal data is based on Artikel 6 I lit. f DS-GVO, our legitimate interest is the performance of our business activities for the benefit of the well-being of all our employees and our shareholders.
21. Duration for which the personal data is stored
The criterion for the duration of the storage of personal data is the respective statutory retention period. After this period has expired, the corresponding data is routinely deleted, provided that it is no longer required for contract fulfillment or contract initiation.
22. Legal or contractual provisions for the provision of personal data; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of non-provision
We would like to inform you that the provision of personal data is partly required by law (e.g. tax regulations) or may also result from contractual regulations (e.g. information on the contractual partner). Sometimes it may be necessary for a contract to be concluded for a data subject to provide us with personal data that must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with them. Failure to provide the personal data would mean 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 one of our employees. Our employee will inform the data subject on a case-by-case basis whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and what the consequences would be if the personal data were not provided.
23. Duration for which the personal data is stored
As a responsible company, we do not use automated decision-making or profiling.
Status 01.03.2024