We are very pleased about your interest in our company. Data protection is of particular importance to the management of ELAR GmbH. The use of ELAR GmbH's websites is generally possible without providing any personal data. However, if a data subject wishes to use special services of our company via our website, processing of personal data could become necessary. If the processing of personal data is required and there is no legal basis for such processing, we will generally seek the consent of the data subject.
The processing of personal data, such as the name, address, email address, or telephone number of a data subject, always takes place in accordance with the General Data Protection Regulation (GDPR) and in compliance with the country-specific data protection regulations applicable to ELAR GmbH. Through this privacy statement, our company aims to inform the public about the type, scope, and purpose of the personal data we collect, use, and process. Furthermore, data subjects are informed about their rights through this privacy statement.
ELAR GmbH, as the controller responsible for processing, has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, internet-based data transmissions can have security gaps, so absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us through alternative means, for example, by telephone.
a) Personal data
Personal data refers to any information relating to an identified or identifiable natural person (hereinafter referred to as 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 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 is processed by the controller responsible for the processing.
Processing is any operation or set of operations performed on personal data, whether or not by automated means. This includes collecting, recording, organizing, structuring, storing, adapting, altering, retrieving, consulting, using, disclosing by transmission, disseminating, or otherwise making available, aligning, combining, restricting, erasing, or destroying personal data.
d) Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of limiting its processing in the future.
Profiling is any form of automated processing of personal data that involves using such data to evaluate certain personal aspects relating to a natural person, particularly to analyze or predict aspects concerning that person's performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements.
Pseudonymization is the processing of personal data in a way that the 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 organizational measures to ensure that the personal data is not attributed to an identified or identifiable natural person.
Controller refers to the natural or legal person, public authority, agency, or other body that alone or jointly with others determines the purposes and means of the processing of personal data. If the purposes and means of this processing are determined by Union law or the law of the Member States, the controller may be designated or the specific criteria for their designation may be provided for by Union law or the law of the Member States.
Processor refers to the natural or legal person, public authority, agency, or other body that processes personal data on behalf of the controller.
Recipient refers to the natural or legal person, public authority, agency, or other body to which personal data is disclosed, whether a third party or not. However, authorities that may receive personal data in the context of a particular inquiry in accordance with Union law or the law of the Member States shall not be regarded as recipients.
j) Third party
Third party refers to the 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 authorized to process personal data.
Consent refers to 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 for a particular purpose.
2. Name and address of the controller
The controller within the meaning of the General Data Protection Regulation (GDPR), other data protection laws applicable in the Member States of the European Union, and other provisions of a data protection nature is:
3. Name and address of the data protection officer
The data protection officer of the controller responsible for the processing is:
Ms. Laura Alesi
Phone: 094 / 036 929 010
Any data subject can contact our data protection officer directly at any time with any questions or suggestions regarding data protection.
The data subject can prevent the setting of cookies by our website at any time by adjusting the settings of the internet browser used and thereby 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 programs. 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.
5. Collection of general data and information
With each visit to the website by a data subject or an automated system, the website of ELAR GmbH collects a range of general data and information, which is stored in the server's log files. The following data can be collected: (1) types and versions of browsers 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 subpages accessed through 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 that serves to prevent risks in the event of attacks on our information technology systems.
ELAR GmbH does not draw conclusions about the data subject when using this general data and information. Instead, this information is required to (1) deliver the content of our website correctly, (2) optimize the content of our website and its advertising, (3) ensure the long-term functionality of our information technology systems and the technology of our website, and (4) provide law enforcement authorities with the information necessary for prosecution in the event of a cyber attack. Thus, these anonymously collected data and information are evaluated statistically by ELAR GmbH and further analyzed to increase data protection and data security in our company, ultimately ensuring an optimal level of protection for the personal data we process. The anonymous data from server log files is stored separately from all personal data provided by a data subject.
6. Contact possibility via the website
The website of ELAR GmbH contains information, as required by legal regulations, that enables rapid electronic contact with our company and facilitates direct communication with us. This information also includes a general email address for electronic communication (E-mail address). If a data subject contacts the controller responsible for processing via email or a contact form, the personal data transmitted by the data subject will be automatically stored. Such personal data voluntarily provided by a data subject to the controller responsible for processing is stored for the purpose of processing the inquiry or establishing contact with the data subject. There is no disclosure of this personal data to third parties.
7. Routine deletion and blocking of personal data
The controller responsible for processing will process and store personal data of the data subject only for the period necessary to achieve the purpose of storage, or as provided by the European legislator or another competent legislator in laws or regulations to which the controller is subject.
Once the purpose of storage no longer applies, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data will be routinely blocked or deleted in accordance with legal requirements.
8. Rights of the person concerned
a) Right to confirmation
Every data subject has the right, as granted by the European legislator, to obtain from the data controller confirmation as to whether or not personal data concerning them is being processed. If a data subject wishes to exercise this right to confirmation, they can contact an employee of the data controller at any time.
b) Right to information
Every data subject affected by the processing of personal data has the right, as granted by the European legislator, to obtain free information from the data controller at any time about the personal data stored about them and to receive a copy of this information. Furthermore, the European legislator has granted the data subject the right to be informed about the following information:
• Purposes of the processing
• Categories of personal data processed
• Recipients or categories of recipients to whom the personal data has been or will be disclosed, particularly in the case of recipients in third countries or international organizations
• If possible, the envisaged duration for which the personal data will be stored, or, if not possible, the criteria used to determine that duration
• The existence of the right to rectification or erasure of personal data concerning the data subject or to the restriction of processing by the data controller or a right to object to such processing
• The right to lodge a complaint with a supervisory authority
• If the personal data is not collected from the data subject: all available information about the source of the data
• The existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR 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 the right to be informed 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 be informed of the appropriate safeguards relating to the transfer. If a data subject wishes to exercise this right to information, they can contact an employee of the data controller at any time.
c) Right to rectification
Every data subject affected by the processing of personal data has the right, as granted by the European legislator, to obtain the immediate rectification of inaccurate personal data concerning them. Furthermore, taking into account the purposes of the processing, the data subject has the right to request the completion of incomplete personal data, including by means of providing a supplementary statement. If a data subject wishes to exercise this right to rectification, they can contact an employee of the data controller at any time.
d) Right to erasure (Right to be forgotten)
Every data subject affected by the processing of personal data has the right, as granted by the European legislator, to demand from the controller the erasure of personal data concerning them without undue delay if one of the following grounds applies and if processing is not necessary:
• The personal data has been collected or otherwise processed for purposes for which it is no longer needed.
• The data subject withdraws their consent on which the processing is based according to Article 6(1)(a) or Article 9(2)(a) of the GDPR, and there is no other legal ground for the processing.
• The data subject objects to the processing pursuant to Article 21(1) of the GDPR, and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
• The personal data has been unlawfully processed.
• The erasure of personal data is necessary to fulfill a legal obligation under Union or Member State law to which the controller is subject.
• The personal data has been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.
If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by ELAR GmbH, they may contact an employee of the data controller at any time. The employee of ELAR GmbH will arrange for the erasure request to be fulfilled promptly.
If the personal data has been made public by ELAR GmbH, and if our company as the controller is obliged to erase the personal data pursuant to Article 17(1) of the GDPR, ELAR GmbH, taking account of available technology and the cost of implementation, will take reasonable steps, including technical measures, to inform other controllers processing the published personal data that the data subject has requested the erasure of all links to such personal data or of copies or replications of such personal data.
e) Right to restriction of processing
Every data subject affected by the processing of personal data has the right, as granted by the European legislator, to demand the restriction of processing from the data controller if one of the following conditions applies:
• The accuracy of the personal data is contested by the data subject, for a period enabling the data 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 instead the restriction of its use.
• The data controller no longer needs the personal data for the purposes of the processing, but it is required by the data subject for the establishment, exercise, or defense of legal claims.
• The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the data controller override those of the data subject.
If one of the above conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by ELAR GmbH, they may contact an employee of the data controller at any time. The employee of ELAR GmbH will implement the restriction of processing.
f) Right to data portability
Any person affected by the processing of personal data has the right, as granted by the European legislator, to receive the personal data concerning them, which they have provided to a data controller, in a structured, commonly used, and machine-readable format. They also have the right to transmit such data to another data controller without hindrance from the original data controller, where the processing is based on consent pursuant to Article 6(1)(a) GDPR or Article 9(2)(a) GDPR, or on a contract pursuant to Article 6(1)(b) GDPR, and the processing is carried out by automated means, provided that the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the data controller.
Furthermore, in exercising their 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 data controller to another, where technically feasible and where this does not adversely affect the rights and freedoms of others.
To exercise the right to data portability, the data subject may contact any employee of ELAR GmbH.
g) Right to Object
Any person affected by the processing of personal data has the right, as granted by the European legislator, to object at any time, on grounds relating to their particular situation, to the processing of personal data concerning them which is based on Article 6(1)(e) or (f) GDPR, including profiling based on those provisions.
ELAR GmbH will 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.
Where ELAR GmbH processes personal data for direct marketing purposes, the data subject has the right to object at any time to the processing of personal data concerning them for such marketing, which includes profiling to the extent that it is related to such direct marketing. If the data subject objects to ELAR GmbH processing for direct marketing purposes, the personal data will no longer be processed for such purposes.
Additionally, the data subject has the right to object to the processing of personal data concerning them, which is carried out by ELAR GmbH for scientific or historical research purposes or statistical purposes pursuant to Article 89(1) GDPR, unless the processing is necessary for the performance of a task carried out in the public interest.
To exercise the right to object, the data subject may directly contact any employee of ELAR GmbH or another employee. The data subject is also free to exercise their right to object in connection with the use of information society services, notwithstanding Directive 2002/58/EC, by automated means using technical specifications.
h) Automated Individual Decision-Making, Including Profiling
Any person affected by the processing of personal data has the right, as granted by the European legislator, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning them or similarly significantly affects them, unless the decision (1) is necessary for entering into, or performance of, a contract between the data subject and a data controller, or (2) is authorized by Union or Member State law to which the data 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 data controller, or (2) it is based on the data subject's explicit consent, ELAR GmbH 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 data controller, to express their point of view, and to contest the decision.
To exercise rights regarding automated individual decision-making, including profiling, the data subject may contact any employee of the data controller.
i) Right to Withdraw Consent for Data Protection
Any person affected by the processing of personal data has the right, as granted by the European legislator, to withdraw consent to the processing of personal data at any time.
To exercise the right to withdraw consent for data protection, the data subject may contact any employee of the data controller.
9. Data protection during applications and the application process
The data controller collects and processes personal data of applicants for the purpose of handling the application process. The processing may also take place electronically, especially if an applicant submits relevant application documents electronically, for example, via email or through a web form on the website of the data controller. If the data controller concludes an employment contract with an applicant, the transmitted data will be stored for the purpose of handling the employment relationship in compliance with legal regulations. If no employment contract is concluded between the data controller and the applicant, the application documents will be automatically deleted six months after the decision to reject the application has been communicated, unless there are other legitimate interests of the data controller that oppose the deletion. Another legitimate interest in this context, for example, would be the obligation to provide evidence in a proceeding under the General Equal Treatment Act (AGG).
10. Google Analytics
Google Web Fonts
11. Legal Basis for Processing
Article 6(1)(a) of the GDPR serves 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 a party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1)(b) of the GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. If our company is subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Article 6(1)(c) of the GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured on our premises and his name, age, health insurance data, or other vital information would have to be passed on to a doctor, hospital, or other third party. Then the processing would be based on Art. 6(1)(d) of the GDPR. Ultimately, processing operations could be based on Article 6(1)(f) of the GDPR. This legal basis is used for processing operations that are not covered by any of the aforementioned legal grounds if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a customer of the data controller (Recital 47 Sentence 2 of the GDPR).
12. Legitimate Interests Pursued by the Data Controller or a Third Party
If the processing of personal data is based on Article 6(1)(f) of the GDPR, our legitimate interest is the conduct of our business activities for the well-being of all our employees and shareholders.
13. Duration for Which the Personal Data Will Be Stored
The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.
14. Legal or Contractual Provisions for the Provision of Personal Data; Necessity for the Contract Conclusion; Obligation of the Data Subject to Provide the Personal Data; Possible Consequences of Failure to Provide Such Data
15. Existence of Automated Decision-making
DATA PROTECTION NOTICE FOR APPLICANTS
1. Who is Responsible for Data Processing?
These notices apply to data processing by:
You can contact the data protection officer at email@example.com
2. What Data of Yours Will Be Processed? And for What Purposes?
We process the data you have sent us in connection with your application to assess your suitability for the position and to carry out the application process.
3. On What Legal Basis Is This Based?
The legal basis for processing your personal data in this application process is primarily § 26 BDSG new version in the version applicable from 25.05.2018. Accordingly, data processing is permissible if it is necessary for the decision on the establishment of an employment relationship.
Should the data be required for legal prosecution after the application process has been completed, data processing may be carried out on the basis of the requirements of Art. 6 GDPR, in particular to safeguard legitimate interests pursuant to Art. 6(1)(f) GDPR. Our interest in this case lies in asserting or defending claims.
4. How Long Will the Data Be Stored?
Data of applicants will be deleted after 6 months in case of rejection. If you have consented to further storage of your personal data, we will include your data in our applicant pool. There, the data will be deleted after two years.
If you have been selected for a position as part of the application process, your data will be stored permanently for the purpose of conducting the employment relationship.
5. To whom will the data be disclosed?
6. Where are the data processed?
The data is exclusively processed in Germany.
7. Your rights as an "affected person"
You have the right to request information about the personal data concerning you that we process. If an information request is not made in writing, we ask for your understanding that we may require evidence from you to verify your identity. Furthermore, you have the right to rectify or delete your data or restrict its processing to the extent permitted by law. You also have the right to object to the processing within the framework of legal requirements. The same applies to the right to data portability. According to Art. 7 (3) of the GDPR, you can revoke your consent given to us at any time. This will result in us no longer being able to continue the data processing based on this consent in the future.