Privacy statement

We greatly appreciate your interest in our company. The general management of Esta Rohr GmbH attaches great importance to data protection. Although personal data does not need to be provided to use Esta Rohr GmbH’s website, it may need to be processed if a data subject wishes to make use of any special services our company offers via its website. As a general rule, we obtain the data subject’s consent if it is necessary to process personal data and there is no legal ground for such processing.

Personal data (such as a data subject’s name, address, email address or phone number) are always processed in accordance with the General Data Protection Regulation (GDPR) and the national data protection regulations applicable to Esta Rohr GmbH. The aim of this privacy statement is to inform the general public about the nature, scope and purpose of the personal data our company collects, uses and processes. Furthermore, data subjects are informed of their rights in this privacy statement.

Esta Rohr GmbH (‘the controller’) has implemented numerous technical and organisational measures to ensure that the protection of personal data processed via this website is as comprehensive as possible. However, since data transmissions made over the internet may be exposed to gaps in security, complete protection cannot be guaranteed. It is for this reason that every data subject has the right to transmit personal data to us by alternative means, such as a phone.

1. Definitions

The privacy statement of Esta Rohr GmbH is based on the terminology used by the European legislator when it adopted the GDPR. We want the general public, our customers and our business partners to find it easy to read and understand our privacy statement. Accordingly, we will begin by explaining the terminology used.

This privacy statement includes the following terminology:

a) Personal data

Personal data include any information relating to an identified or identifiable natural person (‘the 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) Data subject

A data subject is any identified or identifiable natural person whose personal data are processed by the controller.

c) Processing

Processing means any operation or set of operations performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

d) Restriction of processing

Restriction of processing means the marking of stored personal data with the aim of limiting their processing in the future.

e) Profiling

Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to 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 means 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

Controller 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; 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 means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

i) Recipient

Recipient means a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients.

j) Third party

Third party means 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 of the data subject means 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

Controller for the purposes of the GDPR, other data protection laws applicable in the Member States of the European Union and other provisions relating to data protection:

Esta Rohr GmbH
Eisenhüttenstrasse 11-17
57074 Siegen Kaan-Marienborn
Germany

Phone: +49 (0) 271 6909-0
Email: info@esta-rohr.de
Website: www.esta-rohr.de



Our data protection officer


We have appointed an external data protection officer for our company.


dokuworks GmbH
Jens Herrmann
Birlenbacher Str. 20
57078 Siegen
Germany
Phone: +49 (0) 271 7723-710
Fax: +49 (0) 271 7723-737
Email: datenschutz@doku.works

Privacy notice for applicants


We are delighted at your interest in our company and that you are applying or have applied for a position.
The protection of your data is extremely important to us. This privacy notice provides you with information on the processing of your personal data in the context of your application.


What data will be processed in the context of your application and for what purposes?


We process the personal data provided to us in the context of your application or obtained from public sources to assess your suitability for the position (or any comparable other vacancies/positions in our company) and to complete the application process.
Personal data within the meaning of Article 4(1) GDPR may include your name, address and contact details, date of birth, as well as information about your CV and qualifications.
It will not be possible to complete the application process if such data are not provided and we will not be able to consider you for the respective position(s).
Automated decision-making does not take place.


Purpose of and legal grounds for processing


The data are processed to initiate the employment relationship. Point b of Article 6(1) GDPR or the first sentence of Section 26(1) of Germany’s Federal Data Protection Act (BDSG) in conjunction with Article 88(1) GDPR constitute the legal grounds for processing your personal data in the context of the application procedure.
If applicable, processing is carried out on the basis of your consent within the meaning of point a of Article 6(1) GDPR (see below).


Duration of storage


Your application data will be processed for the duration of the application procedure and deleted after six months at the latest if your application is unsuccessful.
If you would also like us to include your data in the pool of applicants for the next possible vacancy, then your applicant data will be deleted after two years at the latest. We require your specific consent in this case, which may be withdrawn at any time without giving reasons and with effect for the future. The lawfulness of any processing prior to withdrawal shall not be affected by this.
The data will be transferred from the application system to our HR system if we employ you in the course of the application procedure.
The duration of storage may be longer in certain cases. The duration of storage is then subject to the statutory retention requirements in such legislation as Germany’s Commercial Code or Germany’s Tax Code. If your personal data are otherwise required (for the establishment or defence of legal claims in the context of your application, for example), then it will be erased at the moment continued storage of the data is no longer necessary for such purposes. Point f of Article 6(1) GDPR constitutes the basis for storage in such cases.


Use and disclosure of personal data


When we receive your application documents, they will be assessed by staff of the HR department or by other managers and qualified staff from our company. The only people within the actual company who have access to your data are those responsible for the application procedure.


The data will only be processed by the local controller. | Alternatively


If necessary, your data will be disclosed to technical service providers who will use your data exclusively on our behalf and under no circumstances for their own business objectives.


As a general rule, it will not be disclosed to other third parties.


Your data will not be processed in a third country and no such processing is planned.




Privacy notice for business partners (customers and suppliers) and interested parties


What data are processed?


We process personal data that we have received from you in the course of our business relationship or, if applicable, from publicly accessible sources.
Personal data within the meaning of Article 4(1) GDPR may include your name, telecommunications details and address details. In addition, we also process data from offers, requests and orders, from the performance of our contractual obligations, product and documentation data, as well as other data comparable with the aforementioned categories.
The provision of your personal data is necessary for initiating, implementing and processing the contractual relationship. It will not be possible for us to contact you with a view to clarifying pre-contractual or contractual issues if such data are not provided.


Purpose of and legal grounds for processing


Your personal data will be processed in accordance with the provisions of the GDPR and of the BDSG for the performance of contractual obligations or for measures relating to the initiation of contracts (point b of Article 6(1) GDPR). We may also use this data for additional purposes within the scope of our business relationship.
Automated decision-making does not take place.


Use and disclosure of personal data


We use the personal data only for our own purposes in the course of the business relationship. If third parties are involved in work processes, which would require us to disclose your data for processing solely for this purpose, then we will apply the same high standards and require that the third party comply with the data protection provisions as part of a data processing agreement pursuant to Article 28 GDPR.
The data will only be processed by the local controller. | Alternatively
If necessary, your data will be disclosed to technical service providers who will use your data exclusively on our behalf and under no circumstances for their own business objectives.
As a general rule, it will not be disclosed to other third parties.
Your data will not be processed in a third country and no such processing is planned.


Duration of storage


We will process and store your personal data for the duration of our business relationship and at least in accordance with the statutory retention periods.


General privacy notice for visitors of this website.

Cookies

The Esta Rohr GmbH website makes use of cookies. Cookies are text files that are stored on a computer system via a web browser.

Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a cookie’s unique identifier. It consists of a string of characters through which websites and servers can be assigned to the specific web 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 web browsers containing other cookies. A specific web browser can be recognised and identified via the unique cookie ID.

The use of cookies enables Esta Rohr GmbH to provide users of this website with services that are more user-friendly, which would not be possible otherwise.

A cookie makes it possible to optimise the information and offers on our website for the user. As previously mentioned, cookies enable us to recognise users of our website with the purpose of making it easier for them to browse it. For example, users of a website that places cookies do not have to re-enter credentials each time they visit because this is dealt with by the website and the cookie stored on their computer system. Another example is a shopping cart cookie in an online store. A cookie enables the online store to remember the items a customer has placed in the virtual shopping cart.

Data subjects may prevent our website from placing cookies at any time by means of an appropriate setting in the web browser used and thus permanently refuse the placement of cookies. Furthermore, cookies that have already been placed can be deleted at any time via a web browser or other software. This is possible in all popular web browsers. If the data subject disallows the placement of cookies in the web browser used, then it may not be possible to make full use of all the functions of our website.

5. Collection of general data and information

The website of Esta Rohr collects general data and information each time a data subject or an automated system accesses it. Such general data and information are stored in the server log files and may include: (1) types and versions of browser used; (2) operating system; (3) website directing an accessing system to our website (so-called referrer); (4) sub-websites accessed via an accessing system on our website; (5) date and time the website is accessed; (6) internet protocol address (IP address); (7) internet service provider of the accessing system, and (8) other similar data and information that may be used in the event of an attack on our IT systems.

Esta Rohr GmbH does not draw conclusions about the data subject when using such general data and information. Rather, this information is required to (1) deliver the content of our website properly; (2) optimise the content of our website and its advertising; (3) ensure the long-term performance of our IT systems and website technology, and (4) provide law enforcement authorities with any information necessary for criminal prosecution in the event of a cyberattack. Accordingly, Esta Rohr GmbH analyses this anonymously collected data and information statistically, as well as for the purpose of increasing data protection and data security within our company so as to ensure an optimum level of protection for the personal data we process. Anonymous server log file data are stored separately from any personal data provided by a data subject.

6. Contact options on our website

The website of Esta Rohr GmbH contains information that makes it easy to contact our company electronically and communicate with us directly, which also includes a general electronic-mail address (email address), in accordance with legal requirements. If a data subject contacts the controller by email or by means of a contact form, then the personal data transmitted by the data subject will be stored automatically. Such personal data transmitted voluntarily by a data subject to the controller shall be stored for the purpose of processing or contacting the data subject. This personal data will not be disclosed to any third party.

7. Routine erasure and blocking of personal data

The controller shall process and store the data subject’s personal data only for the period necessary to achieve the purpose of storage or where provided for by the European legislator or another legislator in laws or regulations to which the controller is subject.

If the purpose of storage is no longer applicable or if a storage period stipulated by the European legislator or another competent legislator expires, then the personal data shall be routinely blocked or erased in accordance with legal requirements.

8. Rights of the data subject

a) Right of confirmation

In accordance with the requirements of the European legislator, every data subject has the right to obtain confirmation as to whether or not personal data concerning him or her are being processed from the controller. If a data subject wishes to assert this right of confirmation, then he or she may contact a staff member of the controller at any time.

b) Right of access

In accordance with the requirements of the European legislator, every data subject has the right to obtain information on the personal data relating to him or her which have been stored and a copy of that information free of charge from the controller. In accordance with the requirements of the European legislator, the data subject also has access to the following information:

· the purposes of the processing;

· the categories of personal data concerned;

· the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;

· where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;

· the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;

· the right to lodge a complaint with a supervisory authority;

· where the personal data are not collected from the data subject, any available information as to their source;

· the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) 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.

Moreover, the data subject has the right to be informed if personal data are transferred to a third country or to an international organisation. If this is the case, then the data subject also has the right to obtain information on the appropriate safeguards relating to the transfer.

If a data subject wishes to assert this right of access, then he or she may contact a staff member of the controller at any time.

c) Right to rectification

In accordance with the requirements of the European legislator, every data subject has the right to obtain the rectification of inaccurate personal data concerning him or her from the controller without undue delay. Moreover, taking into account the purposes of the processing, the data subject has the right to have incomplete personal data completed, including by means of a supplementary statement.

If a data subject wishes to assert this right to rectification, then he or she may contact a staff member of the controller at any time.

d) Right to erasure (‘right to be forgotten’)

In accordance with the requirements of the European legislator, every data subject has the right to obtain the erasure of personal data concerning him or her from the controller without undue delay where one of the following grounds applies and to the extent that processing is unnecessary:

· the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;

· the data subject withdraws consent on which the processing is based according to point (a) of Article 6(1) GDPR or point (a) of Article 9(2) GDPR and where there is no other legal ground for the processing;

· the data subject objects to the processing pursuant to Article 21(1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) GDPR;

· the personal data have been unlawfully processed;

· the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject;

· the personal data have been collected in relation to the offer of information society services referred to in Article 8(1) GDPR.

If one of the aforementioned reasons applies and if a data subject wishes to arrange for the erasure of personal data stored by Esta Rohr GmbH, then he or she may contact a staff member of the controller at any time. The staff member of Esta Rohr GmbH shall ensure that the request to erase is complied with without undue delay.

If Esta Rohr GmbH has made the personal data public and is obliged as controller pursuant to Article 17(1) GDPR to erase the personal data, then Esta Rohr GmbH, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to notify other controllers processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data to the extent that processing is unnecessary. The staff member of Esta Rohr GmbH shall take the steps necessary for the case at hand.

e) Right to restriction of processing

In accordance with the requirements of the European legislator, every data subject has the right to obtain restriction of processing from the controller if any of the following applies:

· the accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data;

· the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead;

· the controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims;

· the data subject has objected to processing pursuant to Article 21(1) GDPR pending the verification of whether the legitimate grounds of the controller override those of the data subject.

If one of the aforementioned conditions is met and if a data subject wishes to request the erasure of personal data stored by Esta Rohr GmbH, then he or she may contact a staff member of the controller at any time. The staff member of Esta Rohr GmbH will arrange for the restriction of processing.

f) Right to data portability

In accordance with the requirements of the European legislator, every data subject has the right 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, as well as 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 point (a) of Article 6(1) GDPR or point (a) of Article 9(2) GDPR or on a contract pursuant to point (b) of Article 6(1) GDPR and the processing is carried out by automated means, unless the processing is necessary for the performance of a task carried out in the general public interest or in the exercise of official authority vested in the controller.

Furthermore, when exercising his or her right to data portability pursuant to Article 20(1) GDPR, the data subject has the right to have the personal data transmitted directly from one controller to another where technically feasible and so doing does not adversely affect the rights and freedoms of others.

To assert this right to data portability, the data subject may contact a staff member of Esta Rohr GmbH at any time.

g) Right to object

In accordance with the requirements of the European legislator, every data subject has the right to object on grounds relating to his or her particular situation at any time to processing of personal data concerning him or her which is based on point (e) or (f) of Article 6(1) GDPR, including profiling based on those provisions.

Esta Rohr GmbH will stop processing the personal data, unless it can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims.

If Esta Rohr GmbH processes personal data for direct marketing purposes, then the data subject has the right to object at any time to the processing of personal data for such marketing, which includes profiling to the extent that it is related to such direct marketing. If the data subject sends an objection to Esta Rohr GmbH with regard to processing for direct marketing purposes, then Esta Rohr GmbH will stop processing the personal data for such purposes.

Moreover, where personal data are processed for scientific or historical research purposes or statistical purposes pursuant to Article 89(1) GDPR, the data subject, on grounds relating to his or her particular situation, shall have the right to object to processing of personal data concerning him or her carried out at Esta Rohr GmbH, unless the processing is necessary for the performance of a task carried out for reasons of general public interest.

To exercise this right to object, the data subject may directly contact any staff member of Esta Rohr GmbH or another staff member. In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, the data subject may also exercise his or her right to object by automated means using technical specifications.

h) Automated individual decision-making, including profiling

In accordance with the requirements of the European legislator, every data subject has the right 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 to the extent that the decision (1) is not necessary for entering into, or performance of, a contract between the data subject and a controller, or (2) is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is based on the data subject’s explicit consent.

If the decision (1) is necessary for entering into, or performance of, a contract between the data subject and a controller, or (2) is based on the data subject’s explicit consent, then Esta Rohr GmbH shall take 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 to contest the decision.

If the data subject wishes to assert his or her rights relating to automated decisions, then he or she may contact a staff member of the controller at any time.

i) Right to withdraw consent under data protection law

In accordance with the requirements of the European legislator, every data subject has the right to withdraw his or her consent to the processing of his or her personal data at any time.

If the data subject wishes to assert his or her rights to withdraw consent, then he or she may contact a staff member of the controller at any time.

9. Data protection for applications and application procedures

The controller collects and processes the personal data of applicants for the purpose of handling the application procedure. Processing may also be carried out by electronic means in particular if an applicant sends his or her application documents to the controller by electronic means, such as by email or via a web form on the website. If the controller enters into an employment contract with an applicant, then the transmitted data shall be stored for the purpose of processing the employment relationship in compliance with legal requirements. If the controller does not enter into an employment contract with the applicant, then the application documents shall be automatically deleted three months after notification that the application was unsuccessful, provided that no other legitimate interests of the controller preclude deletion. Other legitimate interests in this context are a duty to provide evidence in proceedings under Germany’s General Act on Equal Treatment, for example.


10. Legal grounds for processing

Point a of Article 6(1) GDPR constitutes the basis for processing operations in 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 with processing operations that are necessary for the delivery of goods or the provision of another service or consideration, for example, then point b of Article 6(1) GDPR constitutes the basis for processing. The same applies to processing operations that are necessary for the implementation of steps prior to entering into a contract, such as in the case of enquiries about our products or services. If the processing of personal data becomes necessary for compliance with a legal obligation to which we are subject, such as for compliance with tax obligations, then point c of Article 6(1) GDPR constitutes the basis for processing. In rare cases, the processing of personal data may become necessary to protect the vital interests of the data subject or another natural person. This would be the case if a visitor were to be injured on our premises, for example, resulting in the need to disclose his or her name, age, health insurance details or other vital information to a doctor, hospital or other third party. Point d of Article 6(1) GDPR would constitute the basis for processing. Ultimately, provided that the interests, fundamental rights and freedoms of the data subject are not overridden, point f of Article 6(1) GDPR, which is used for processing operations not covered by the above legal grounds if the processing is necessary to protect a legitimate interest of our company or a third party, could also constitute the basis. In particular, we are permitted to carry out such processing operations because they have been specifically referred to by the European legislator, which takes the view that a legitimate interest may be assumed if the data subject is a customer of the controller (second sentence of recital 47 of the GDPR).

11. Legitimate interests of the controller or a third party in processing

If the processing of personal data is based on point f of Article 6(1) GDPR, then our legitimate interest is the performance of our business activities for the well-being of all our staff and shareholders.

12. Duration for which the personal data will be stored

The criterion for the duration for which personal data will be stored is the respective statutory retention period. If no longer required for the performance or initiation of a contract, relevant data will be routinely erased after that period expires.

13. Legal or contractual requirements for the provision of personal data; prerequisite for entering into a contract; data subject’s obligation to provide personal data; possible consequences of non-provision

Please note that the provision of personal data is sometimes required by law (e.g. tax regulations) or as a result of contractual arrangements (e.g. co-contracting party’s particulars). There are times when it may become necessary for a data subject to provide us with personal data in order to enter into a contract. Such data must then be processed by us subsequently. For example, the data subject is obliged to provide us with personal data when he or she enters into a contract with our company. Failure to provide the personal data would make it impossible to enter into the contract with the data subject. The data subject must contact one of our staff members before he or she provides personal data. Our staff member will inform the data subject on a case-by-case basis whether the provision of personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as whether there is an obligation to provide the personal data and of the consequences of failing to provide such data.

14. Automated decision-making

As a responsible company we do not employ automated decision-making or profiling.

Image
Image