Information obligations customers and suppliers

1 General information

The 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 following purposes. Personal data in the sense of this data protection information is all information that relates to you as an individual.
In the following we explain how we handle this data. For a better overview, we have divided our data protection information into chapters.

Controller of the 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 (such as information and updates of your personal data), you may 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 framework

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 that has been legitimately obtained from other companies or other third parties (e.g. credit agencies, address publishers). In addition, we process personal data that we have legitimately collected, received or acquired from publicly available sources (such as telephone directories, trade and association registers, population registers, debtor registers, land registers, press, Internet and other media).

2.2 Data categories

Relevant categories of personal data may include, 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 basis of the processed data

We process personal data in accordance with the provisions/regulations of the General Data Protection Regulation (GDPR), the new version of the Federal Data Protection Act of Germany (BDSG-neu) and other applicable data protection regulations (details below). Which data are processed in detail and how they are used depends largely on the services requested or agreed/settled in each case. Further details or additions for the purposes of data processing can be found in the respective contractual documents, forms, a declaration of consent and/or other information provided to you (e.g in the context of the use of our website or our general terms and conditions).

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

The processing of personal data takes place to fulfill our contracts with you and to carry out your orders as well as measures and activities within the framework of pre-contractual relationships, e.g. with interested parties. This essentially includes: 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 within the scope of a legitimate interest of us or third parties (Art. 6 (1) f GDPR)

Beyond the actual performance/fulfilment of the contract or preliminary contract, we process your data to pursue our own legitimate interests or those of a third party, in particular for purposes of

  • 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 in the context of your consent (Art. 6 (1) a GDPR)

Your personal data may also be processed for certain purposes with your consent (e.g. use of your e-mail address for marketing purposes). Regularly, you can withdraw this consent at any time. This also applies to the withdrawal of consents issued to us prior to the GDPR coming into force, i.e. before May 25th, 2018. You will be informed separately of the purpose and consequences of your withdrawal or non-issuance of consent in the corresponding consent text. The withdrawal of consent is generally only effective for the future. Processing that took place before the withdrawal, is not affected and remains lawful.

Purposes for the fulfillment of legal requirements (Art. 6 (1) c GDPR) or in the public interest (Art. 6 (1) e GDPR)

Like everyone who participates in economic activities, we’re also subject to a large number of legal obligations/regulations. These are primarily statutory requirements (e.g. commercial and tax laws), but also, regulatory or other official requirements.  The purposes of the processing may include the fulfilment of fiscal control and reporting obligations, the archiving of data for the purposes of data protection and data security, and the examination by fiscal and other authorities. Furthermore, the disclosure of personal data within the framework of official/judicial measures may become necessary for the purpose of collecting evidence, criminal prosecution or enforcement of civil law claims.

Scope of your obligations to provide us with data

You only have to provide us with data which is necessary for the establishment and implementation of a business relationship or for a pre-contractual relationship with us or which we are legally obliged to collect. Without this data, we will generally not be able to conclude or execute the contract. This may also refer to data required later in the course of the business relationship. If we request further data from you, you will be informed of the voluntary nature of the information separately.

Automated individual decision-making (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 failure to provide data

In the context of the business relationship, you must provide the necessary personal data 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 execute the legal transaction with you.

2.5 Recipients of data within the EU

Within our institution, the internal departments or organisational units that receive your data are those which require these to fulfil our contractual and legal obligations or within the context of the processing and execution of our legitimate interest. Within our group, your data will be transmitted to certain companies to undertake central data processing tasks (e.g. accounting, disposal of documents, IT support).

Your data will only be passed on to external bodies

  • in connection with the execution of the contract;
  • for the purpose of fulfilling legal requirements according to which we are obliged to provide information, to report or pass on data, or the passing on of data is in the public interest (see Section 2.4);
  • if external service providers process data on our behalf as processors or function providers (e.g. data 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, letter shops, marketing, research, risk controlling, billing, telephony, website management, auditing services, credit institutes, print shops or companies for data disposal, courier services, logistics);
  • on the basis of our legitimate interest or the legitimate interest of the third party for the purposes mentioned (e.g. to authorities, credit agencies, debt collectors, lawyers, courts, experts, subsidiaries and bodies and control bodies);
  • if you have given us your consent for transmission to third parties.

In addition, we will not share your data with third parties. If we commission service providers as part of the order processing, your data there are subject to the same security standards. Recipients may only use the data for the purposes for which they were provided to them.

2.6 Recipients of data outside the EU

Data is not transferred to bodies 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 pursuant to, inter alia, the German Commercial Code (HGB) and the German Tax Code (AO). The deadlines for storage and / or documentation specified therein are up to ten years beyond the end of the business relationship or the pre-contractual legal relationship to the end of the calendar year.

Furthermore, special legal regulations may require a longer storage period, e.g. the preservation of evidence within the framework of the legal statute of limitations.  Pursuant to Paragraph 195 et seq. of the German Civil Code (BGB), the regular limitation period is three years, but limitation periods of up to 30 years may also apply.

If the data is no longer required for the fulfilment of contractual or legal obligations and rights, they are deleted on a regular basis, unless their – limited – further processing is necessary to fulfil the purposes for a higher legitimate interest. Such an overriding legitimate interest also exists, for example, if erasure is not or only possible with a disproportionate amount of effort due to the special nature of the storage, and processing for other purposes by suitable technical and organizational measures is excluded.

2.8 Your Rights

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

  • You have the right to receive information from us about your data stored by us pursuant to the rules of Art. 15 GDPR (possibly with restrictions pursuant to Section 34 Federal Data Protection Act of Germany (BDSG-neu))
  • If you so request, we will correct the data stored about you pursuant to Art. 16 GDPR if they are inaccurate or incorrect.
  • If you so desire, we will erase your data pursuant to the principles of Art. 17 GDPR, provided that other legal regulations (e.g. legal storage obligations or the restrictions pursuant to Section 35 Federal Data Protection Act of Germany (BDSG-neu)) or an overriding interest on our part (e.g. to defend our rights and claims) do not oppose this.
  • You may ask us to restrict the processing of your data, taking into account the requirements of Art. 18 GDPR.
  • Furthermore, you may object to the processing of your data pursuant to Art. 21 GDPR, which requires us to stop processing your data. However, this right to object only applies in the event of very special circumstances regarding your personal situation, whereby our company’s rights may conflict with your right to object.
  • You also have the right to receive your data in a structured, common and machine-readable format under the conditions of Art. 20 GDPR or to transmit them to a third party.
  • In addition, you have the right to withdraw the consent to the processing of personal data you granted at any time with future effect (see Section 2.3).
  • You also have a right to lodge a complaint with a data protection supervisory authority (Art. 77 GDPR).   However, we recommend that you always address a complaint to our Data Protection Officer initially.
  • If possible, your applications for the exercising of your rights should 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 to object pursuant to Art. 21 GDPR

You have the right to object at any time to the processing of your data on the basis of Art. 6 (1) f GDPR (data processing on the basis of a balance of interests) or Art. 6 (1) e GDPR (data processing in the public interest), if reasons for this arise from your particular situation.

This also applies to profiling based on this provision as defined by Art. 4 No. 4 GDPR.  If you lodge an objection, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves to assert, exercise or defend a legal claim.

We may also process your personal data for direct advertising purposes. If you do not wish to receive advertising, you have the right to object to it at any time; this also applies to profiling, if this is associated with such direct advertising. We will take this objection into account in the future. We will no longer process your data for direct advertising purposes if you object to processing for these purposes.

The objection may be lodged informally and should be addressed to:

ACTICO GmbH
Ziegelei 5
88090 Immenstaad
datenschutz@actico.com

You may also lodge a complaint with the obove Data Protection Officer or a data protection supervisory authority.

The data protection supervisory authority responsible for us is:

LfDI Baden-Württemberg
Postfach 10 29 32
70025 Stuttgart
Germany