Information on processing customer or supplier data

1 General information

ACTICO GmbH takes the protection of your personal data very seriously. Your privacy is important to us. We process your personal data in accordance with the applicable statutory data protection requirements for the purposes listed below. Personal data in the sense of this data protection information is all information that is related to your person.

In the following you will learn how we handle this data. For a better overview, we have divided our data protection information into chapters. The company responsible for data processing is

ACTICO GmbH
Ziegelei 5
88090 Immenstaad, Germany
datenschutz@actico.com
www.actico.com

Tel. +49 7545 9338-0
Fax +49 7545 9338-200

If you have any questions or comments on data protection (e.g. on information and updating of your personal data), you can also contact our data protection officer.

Contact details of the data protection officer:

Deutsche Datenschutzkanzlei – Stefan Fischerkeller
Tel.: +49 7542 949 21 -1
E-Mail: datenschutz@actico.com

2 Processing frame

2.1 Source of data collection

We process personal data that we have collected directly from you.

Insofar as this is necessary for the provision of our services, we process personal data obtained from other companies or other third parties (e.g. credit agencies, address publishers). In addition, we process personal data that we have taken, received or acquired from publicly accessible sources (such as telephone directories, commercial and association registers, population registers, debtor directories, land registers, press, Internet and other media) and may process.

2.2  Origin and categories of data not collected directly from you

Insofar as this is necessary for the provision of our services, we process personal data permissibly obtained from other companies or other third parties. In addition, we process personal data that we have taken, received or acquired from publicly accessible sources (press, Internet and other media) and are permitted to process. Relevant personal data categories can be in particular:

  • Personal data (name, position/industry and comparable data)
  • Contact data (address, e-mail address, telephone number and similar data)
  • Data about your use of the telemedia offered by us (e.g. time of accessing our websites, apps or newsletters, clicked pages/links from us or entries and comparable data)
2.3  Purposes and legal bases of the processed data

We process personal data in accordance with the provisions of the Data Protection Basic Regulation (GDPR), the new version of the Federal Data Protection Act (BDSG-neu) and other applicable data protection regulations (details below). Which data is processed in detail and how it is used depends to a large extent on the services requested or agreed in each case. Further details or additions for the purposes of data processing can be found in the respective contract documents, forms, a declaration of consent and/or other information provided to you (e.g. within the scope of using our website or our terms and conditions).

Purposes for the fulfilment of a contract or pre-contractual measures (Art. 6 para. 1 b GDPR)

The processing of personal data is carried out to execute our contracts with you and the execution of your orders as well as to carry out measures and activities within the framework of pre-contractual relationships, e.g. with interested parties. These essentially include: contract-related communication with you, the corresponding invoicing and associated payment transactions, the traceability of orders and other agreements as well as quality control through appropriate documentation, measures for the management and optimisation of business processes as well as for the fulfilment of general duties of care; statistical evaluations for corporate management, cost recording and controlling, reporting, internal and external communication, emergency management, billing and tax evaluation of operational services, risk management, assertion of legal claims and defence in legal disputes; ensuring IT security (including system or plausibility tests) and general security, safeguarding and exercising domestic rights (e.g. through access controls); ensuring the integrity, authenticity and availability of data.

Purposes in the context of a legitimate interest of us or third parties (Art. 6 para. 1 f GDPR)

Beyond the actual fulfillment of the contract or preliminary agreement, we process your data if necessary, if it is necessary to protect legitimate interests of us or third parties, in particular for the following purposes

  • advertising, insofar as you have not objected to the use of your data;
  • the examination and optimisation of procedures for needs analysis;
  • the further development of services and products as well as existing systems and processes;
  • the enrichment of our data, including through the use or research of publicly accessible data;
  • the limited storage of data, if deletion is not possible or only possible with disproportionately high effort due to the special type of storage;
  • the development of scoring systems or automated decision-making processes;
  • building and plant security (e.g. through access controls), insofar as this goes beyond the general duty of care;
  • internal and external investigations as well as security reviews

Purposes within the scope of your consent (Art. 6 para 1a GDPR)

A processing of your personal data for certain purposes (e.g. use of your e-mail address for marketing purposes) can also take place on the basis of your consent. As a rule, you can revoke your consent at any time. This also applies to the revocation of declarations of consent given to us before the GDPR came into force, i.e. before 25 May 2018. You will be informed separately about the purposes and consequences of a revocation or the non-granting of consent in the corresponding text of the consent. As a matter of principle, the revocation of consent will only take effect in the future. Processing that took place before the revocation is not affected and remains lawful.

Purposes to fulfil legal requirements (Art. 6 para. 1 c GDPR) or in the public interest (Art. 6 para. 1 e GDPR)

Like everyone who participates in economic activities, we are also subject to a large number of legal obligations. These are primarily legal requirements (e.g. trade and tax laws) but may also include regulatory or other official requirements. The purposes of processing may include the fulfilment of control and reporting obligations under tax law as well as the archiving of data for the purposes of data protection and data security as well as auditing by tax and other authorities. In addition, the disclosure of personal data may become necessary in the course of governmental/judicial action for the purpose of gathering evidence, prosecuting crimes or enforcing civil claims.

Scope of your obligations to provide us with data

You only need to provide the information that is necessary to establish and conduct a business relationship with us, or for a pre-contractual relationship with us, or that we are required by law to collect. Without this information, we will generally not be able to conclude or execute the contract. This may also refer to data required later within the scope of the business relationship. If we also request data from you, you will be informed of the voluntary nature of the information separately.

Existence of automated decision making in individual cases (including profiling)

We do not use purely automated decision-making procedures pursuant to Article 22 GDPR. Should we use such a procedure in individual cases in the future, we will inform you of this separately if this is required by law. We may process some of your data with the aim of evaluating certain personal aspects (profiling).

In order to provide you with targeted information and advice on products, we may use evaluation tools. These enable us to design products, communicate and advertise according to your needs, including market and opinion research. Information on nationality and special categories of personal data pursuant to Art. 9 GDPR are not processed here.

2.4  Consequences of non-availability of data

Within the framework of the business relationship, you must provide personal data which is necessary for the establishment, execution and termination of the legal transaction and the fulfilment of the associated contractual obligations or which we are legally obliged to collect. Without this data we will not be able to carry out the legal transaction with you.

2.5  Recipients of data within the EU

Within our company, those internal departments or organisational units that need your data to fulfil our contractual and legal obligations or in the context of processing and implementing our legitimate interest will receive it.

A passing on of your data to external places takes place exclusively

  • in connection with the execution of the contract;
  • for the purposes of fulfilling legal requirements, according to which we are obliged to provide information, report or pass on data or the passing on of data is in the public interest (cf. Section 2.4);
  • insofar as external service providers process data on our behalf as contract processors or function takers (e.g. computer centres, support/maintenance of EDP/IT applications, archiving, document processing, call centre services, compliance services, controlling, data validation or plausibility checks, data destruction, purchasing/procurement, customer administration, lettershops, marketing, media technology, research, risk controlling, invoicing, telephony, website management, auditing services, credit institutions, printers or companies for data disposal, courier services, logistics);
  • due to our legitimate interest or the legitimate interest of the third party for the purposes mentioned (e.g. to authorities, credit agencies, collection agencies, lawyers, courts, experts, subsidiaries and committees and supervisory bodies);
  • if you have given us your consent to the transfer to third parties.

Furthermore, we will not pass on your data to third parties. If we commission service providers to process your order, your data will be subject to the same security standards as ours. In other cases, the recipients may only use the data for the purposes for which it was transmitted to them.

2.6  Recipients of data outside the EU

Data is not transferred to locations in countries outside the European Union (EU) or the European Economic Area (EEA) (so-called third countries).

2.7  Storage periods

We process and store your data for the duration of our business relationship. This also includes the initiation of a contract (pre-contractual legal relationship) and the execution of a contract.

In addition, we are subject to various storage and documentation obligations, including those arising from the German Commercial Code (HGB) and the Fiscal Code (AO). The periods for storage or documentation specified therein are up to ten years from the end of the calendar year beyond the end of the business relationship or the pre-contractual legal relationship.

In addition, special statutory provisions may require a longer storage period, such as the preservation of evidence within the framework of the statutory statute of limitations. According to §§ 195 ff. of the German Civil Code (BGB), the regular limitation period is three years; however, limitation periods of up to 30 years may also be applicable.

If the data are no longer necessary for the fulfilment of contractual or legal obligations and rights, they will be deleted regularly, unless their – temporary – further processing is necessary for the fulfilment of the purposes for an overriding legitimate interest. Such an overriding legitimate interest also exists, for example, if deletion is not possible or only possible with disproportionately high effort due to the special type of storage and if processing for other purposes is excluded by suitable technical and organizational measures.

2.8  Your Rights

Under certain circumstances you can assert your data protection rights against us.

  • Thus you have the right to receive information from us about your data stored with us in accordance with the rules of Art. 15 GDPR (if necessary with restrictions in accordance with § 34 BDSG-Neu).
  • At your request, we will correct the data stored about you in accordance with Art. 16 GDPR if it is inaccurate or erroneous.
  • If you so wish, we will delete your data in accordance with the principles of Art. 17 GDPR, provided that other statutory provisions (e.g. statutory storage obligations or the restrictions under § 35 BDSG-Neu) or an overriding interest on our part (e.g. to defend our rights and claims) do not prevent this.
  • Taking into account the requirements of Art. 18 GDPR, you may request us to restrict the processing of your data.
  • Furthermore, you may object to the processing of your data in accordance with Art. 21 GDPR, on the basis of which we must terminate the processing of your data. However, this right of objection only applies in very special circumstances of your personal situation, whereby the rights of our company may conflict with your right of objection.
  • You also have the right to receive your data under the conditions of Art. 20 GDPR in a structured, common and machine-readable format or to forward it to a third party.
  • In addition, you have the right to revoke your consent to the processing of personal data at any time with effect for the future (cf. Section 2.3).
  • You also have the right to appeal to a data protection supervisory authority (Art. 77 GDPR). However, we recommend that you always submit a complaint to our data protection officer first.
  • Your requests regarding the exercise of your rights should, if possible, be addressed in writing or by e-mail to the above address or directly in writing or by e-mail to our data protection officer.

Special reference to your right of objection according to Art. 21 GDPR

You have the right at any time to object to the processing of your data, which takes place on the basis of Art. 6 Para. 1 f GDPR (data processing on the basis of a weighing of interests) or Art. 6 Para. 1 e GDPR (data processing in the public interest), if there are reasons for this which result from your particular situation.

This also applies to profiling based on this provision within the meaning of Art. 4 No. 4 GDPR. If you file an objection, we will no longer process your personal data unless we can prove compelling reasons worthy of protection for the processing which outweigh your interests, rights and freedoms, or the processing serves the assertion, exercise or defence of legal claims.

We may also process your personal data for the purpose of direct advertising. If you do not wish to receive any advertising, you have the right to object at any time; this also applies to profiling, insofar as it is connected with such direct advertising. We will consider this contradiction for the future. We will no longer process your data for purposes of direct marketing if you object to the processing for these purposes.

The objection can be made without form and should be addressed as far as possible to

ACTICO GmbH
Ziegelei 5
88090 Immenstaad
datenschutz@actico.com

You also have the option of contacting the above data protection officer or a data protection supervisory authority with a complaint.

The data protection supervisory authority responsible for us is:

LfDI Baden-Württemberg
Postfach 10 29 32
70025 Stuttgart
Germany