Information duties unter art. 13 GDPR
Protecting your personal data is important to us. We therefore process your personal data (abbreviated to “data”) exclusively upon the basis of the statutory provisions. With this data protection policy we aim to comprehensively inform you about the processing of your data in our company and the data protection claims and rights to which you are entitled as defined in Art. 13 of the European General Data Protection Regulation (EU GDPR).
1. Who is responsible for the data processing and who can you contact?
The responsible entity is
Hörluchs Hearing GmbH & Co. KG
The company’s data protection officer is
Projekt 29 GmbH & Co. KG
2. Which data is processed and what are the sources for this data?
We process the data that we have received when starting and handling the contract using the consent you have provided or as part of your application or membership with us.
The personal data includes:
Your master/contact data, which includes for customers e.g. first and last name, address, contact data (email address, telephone number, fax), bank data.
For applicants and employees e.g. first and last name, address, contact data (email address, telephone number, fax), date of birth, data from CV and references, bank data, religious affiliation.
For business partners e.g. the name of your legal representative, company name, commercial register number, VAT number, business number, address, contact data (email address, telephone number, fax), bank data.
We also process the following other personal data:
- Information on the type and content of contract data, order data, revenue and receipt data, customer and supplier history as well as consultation documents,
- Advertising and sales data,
- Information from your electronic interaction with us (e.g. IP address, log in data),
- Other data that we receive from you as part of the business relationship (e.g. in customer discussions),
- Data that we generate ourselves from master / contact data and other data, e.g. using customer requirements and potential analyses,
- The documentation of your consent to receiving e.g. newsletters.
3. For what purposes and on which legal basis is the data processed?
We process your data in agreement with the provisions of the General Data Protection Regulation (GDPR) and the current version of the Federal Data Protection Act (BDSG) 2018:
- to fulfil (pre-)contractual duties (Art 6 Para. 1lit.b GDPR):
Your data is processed to handle your contract online or in one of our branches, to handle the contract on your membership with our company. The data is processed in particular to start a business relationship and implement the contracts with you.
- to fulfil legal obligations (Art 6 Para. 1 lit.c GDPR):
Processing your data is required to fulfil various statutory obligations, e.g. from the Commercial or Tax Codes.
- to maintain justified interests (Art 6 Para. 1 lit.f GDPR):
After assessing the interests, we may process your data beyond the actual fulfilment of the contract to maintain our justified interests or those of third parties. Data processing to maintain justified interests takes place for example in the following cases:
- Advertising or marketing (refer to No. 4),
- Measures to manage the business and develop products and services;
- Storing a group-wide customer database to improve customer service
- Within the framework of legal proceedings.
- in line with your consent (Art 6 Abs. 1 lit.a GDPR):
If you have issued consent to processing your data e.g. to receive our newsletter.
4. Processing of personal data for advertising purposes
You can revoke your consent to the use of your personal data for advertising purposes in full or for individual measures without this incurring costs other than the transfer costs stated in the basic tariffs.
We are entitled under the statutory provisions in Section 7 Para. 3 of the German Fair Trade Practices Act (UWG) to use the email address that you provide when concluding the contract to directly advertise similar goods or services. You receive these product recommendations from us independently of whether you have subscribed to a newsletter.
If you do not want to receive such recommendations by email from us you can oppose the use of your address for this purpose at any time without incurring costs other than the transfer costs stated in the basic tariffs. Notification in writing is sufficient for this. It goes without saying that each email always contains an unsubscribe link.
5. Who receives my data?
If we use a service provider to handle the order, we remain responsible for protecting your data. All service providers are contractually obliged to treat your data in confidence and only process it to provide the service. The service providers appointed by us receive your data if they require it to fulfil the service they provide. These are for example IT service providers that we require for the operation and security of our IT system as well as advertising and address publishers for our own advertising activities.
Your data is processed in our customer database. The customer database supports improving the data quality of the existing customer data (removing duplicates, IDs that are incorrect / dead, correcting addresses) and enables data from public sources to be added.
This data is provided to group companies if required to handle the contract. Customer data is stored for each company and separated whereby our parent company acts as the service provider for the individual participating companies.
If there is a statutory obligation and for legal compliance, official organisations, courts and external auditors may receive your data.
In addition, insurance companies, banks, credit agencies and service providers may receive your data for the purposes of initiating or fulfilling a contract.
6. For how long is my data stored?
We process your data up to the end of the business relationship or the end of the applicable statutory storage periods (for example from the Commercial Code, Tax Code, Nursing Home Act or Working Time Act); in addition until the end of any legal disputes for which the data is required as evidence.
7. Is personal data transferred to a third country?
As a matter of principle, no data is transferred to a third country. A transfer only takes place in individual cases on the basis of an appropriateness decision by the European Commission, standard contractual clauses, suitable guarantees or your explicit consent.
8. Which data protection rights do I have?
You have the right to at any time obtain information, correct, delete or restrict the processing of your saved data, a right to oppose the processing, a right to transfer the data and to make a complaint under the data protection law requirements.
Right to information:
You can request from us information on whether and to what extent we process your data.
Right to correction:
If we process your data that is incomplete or incorrect you can request its correction or completion at any time.
Right to deletion:
You can request the deletion of your data if we process it improperly or the processing disproportionately interferes with your justified protected interests. Please note that there may be reasons that oppose such a deletion, e.g. in the event of statutory storage periods.
Independently of the utilisation of your right to deletion, we will immediately and completely delete your data if this is not opposed by a legal or statutory storage obligation relating to this.
Right to restriction on processing:
You can request that we restrict the processing your data if
- the correctness of the personal data is disputed by you for the period it takes us to check the correctness of the personal data.
- the processing of the data is improper but you reject deletion and instead request a restriction on data usage,
- we no longer require the data for the planned purpose but you still require this data for the assertion or defence of legal claims, or
- you have objected to the processing of the data.
Right to data transfer:
You have the right to receive the personal data that you provided to us in a structured, common, machine-readable format and have the right to transfer this data to another responsible person without hindrance by us, if
- we process this data on the basis of consent that you have provided and can revoke or to fulfil a contract between us, and
- this processing takes place using automated processes.
If technically feasible, you can request the direct transfer of your data to another responsible person.
Right of objection:
If we process your data on the basis of a justified interest, you can object to this data processing at any time; this would also apply to profiling based on these provisions. We will then no longer process your data unless we can prove binding reasons requiring protection for the processing that outweigh your interests, rights and freedoms, or processing the data serves to assert, exercise or defend legal claims. You can oppose the processing of your data for the purposes of direct advertising at any time without stating reasons.
If you are of the opinion that when processing your data we infringe German or European data protection law, we would ask you to contact us so we can clarify questions. It goes without saying that you also have the right to contact the responsible supervisory authority and the relevant State Data Protection Supervisory Authority.
If you wish to assert one of the stated rights please contact our data protection officer. If in doubt, we may also request additional information to confirm your identity.
9. Am I obliged to provide data?
The processing of your data is necessary to conclude or fulfil a contract you have entered into with us. If you do not provide this data we will usually have to reject the conclusion of the contract or no longer implement an existing contract and therefore have to terminate it. You are however not obligated to provide consent to the processing of data that is not relevant for or required by law to fulfil the contract.