We are very happy about your interest in our company. Data protection is a particularly high priority for the management of Brunner Electronic GmbH. Visitng the website of Brunner Electronic GmbH is possible without any transfer of personal data. However, if a data subject wants to use certain services of our company via our website, processing of personal data could become necessary. If processing of personal data is necessary and if there is no legal basis for such processing, we will generally obtain the consent of the data subject.
The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be according to country-specific data protection regulations applicable to Brunner Electronic GmbH. With this data protection declaration, we would like to inform the public about the type, scope and purpose of the personal data we collect, process and use. Furthermore, with this data protection declaration, we would like to inform data subjects about their rights.
As the data controller, Brunner Electronic GmbH has implemented a range of technical and organisational measures to ensure the most complete protection of personal data processed via this website. Nevertheless, online data transmissions can always be subject to security vulnerabilities, so that absolute protection can not be guaranteed. For this reason, every data subject is free to transmit personal data to us by alternative means, for example by telephone.
1. Definition of Terms
The data protection declaration of Brunner Electronic GmbH is based on the terms used by the European Union and the European Parliament during the implementation of the General Data Protection Regulation (GDPR). Our data protection declaration should be easy to read and understand for the public as well as for our clients and business partners. To ensure this, we would like to explain the terms used within it in advance.
In this data protection declaration, we use the following terms, among others:
a) Personal Data
Personal data is any information relating to an identified or identifiable natural person (hereinafter "data subject"). An identifiable natural person is one who can be identified, directly or indirectly, in particular via 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
Data subject means any identified or identifiable natural person whose personal data is processed by the data controller.
Processing means any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organisation, filing, 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 is the marking of stored personal data with the aim of limiting its future processing.
Profiling shall mean any automated processing of personal data which consists in using such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or change of location.
Pseudonymisation is the processing of personal data in such a way 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 which ensure that the personal data is not attributed to an identified or identifiable natural person.
g) (Data) Controller
The (data) controller is 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 designation may be provided for under Union or member state law.
Processor means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the data controller.
Recipient means a natural or legal person, public authority, agency or other body to whom personal data is disclosed, whether or not a third party. However, public authorities that may receive personal data in the context of a specific investigative task under Union or member state law shall not be considered as recipients.
j) Third Party
Third party means a natural or legal person, public authority, agency or other body other than the data subject, the controller, the processor and the persons authorised to process the personal data under the direct responsibility of the data controller or the processor.
Consent is any freely given specific and informed indication of the data subject's wishes, in the form of a statement or other unambiguous affirmative act, by which the data subject signifies his or her agreement to the processing of personal data relating to him or her.
2. Name and Address of the Data Controller
The data controller for this website is, within the framework of the GDPR, other data protection legislation applicable in the member states of the European Union and other provisions a data protection nature:
Brunner Electronic GmbH
Oberwerrner Weg 4
Telefon: + 49 (0) 9726 - 90 55 09 0
The data subject can prevent the setting of cookies by our website at any time by means of an appropriate setting of his or her internet browser and thus 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 programmes. This is possible in all common internet browsers. If the data subject deactivates the setting of cookies in his or her internet browser, not all functions of our website may be fully usable.
4. Collection of General Data and Information
The website of Brunner Electronic GmbH collects a series of general data and information every time a data subject or automated system visits the website. This general data and information is stored in the log files of the server. The following data may be collected: (1) browser type and version used, (2) operating system used by the accessing system, (3) the website from which an accessing system accesses our website (so-called referrer), (4) the sub-websites which are accessed via an accessing system on our website, (5) the date and time of an 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 serve to avert danger in the event of attacks on our IT systems.
When using this general data and information, Brunner Electronic GmbH does not draw any conclusions about the data subject. Rather, this information is needed (1) to correctly provide the contents of our website, (2) to optimise the content of our website as well as advertising for this content, (3) to ensure the long-term operability of our IT systems and the technology of our website, and (4) to provide law enforcement authorities with the information necessary for prosecution in the event of a cyberattack. Therefore, Brunner Electronic GmbH analyses anonymously collected data and information for statistical purposes on one hand, and on the other hand, with the aim of increasing the data protection and data security of our company so that we can ultimately ensure an ideal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from any personal data provided by a data subject.
5. Registering on this Website
The data subject can register on the website of the data controller by providing personal data. The personal data that is transmitted to the data controller in this context results from the respective registration form used. The personal data entered by the data subject is collected and stored exclusively for internal use by the data controller and for internal purposes. The controller may arrange for the data to be transferred to one or more processors, for example a parcel service provider, who will also use the personal data exclusively for internal use attributable to the data controller.
By registering on the website of the data controller, the IP address assigned by the internet service provider (ISP) of the data subject, the date as well as the time of registration are also stored. The storage of this data takes place on the basis that only the misuse of our services can be prevented and, if necessary, this data makes it possible to investigate criminal offences that have been committed. In this respect, the storage of this data is necessary for the protection of the data controller. As a matter of principle, this data is not passed on to third parties unless there is a legal obligation to pass it on or the passing on of the data serves the purpose of criminal prosecution.
The registration of the data subject by voluntarily providing personal data serves the purpose of the controller to offer the data subject content or services which, due to the nature of the matter, can only be offered to registered users. Registered persons are free to modify the personal data provided during registration at any time or to have it completely deleted from the data controller's database.
The data controller shall provide any data subject at any time, upon request, with information on what personal data is stored about the data subject. Furthermore, the data controller shall correct or delete personal data at the request or indication of the data subject, provided that this does not conflict with any statutory retention obligations. The entire staff of the data controller shall be available to the data subject as contact persons in this context.
6. Contact via the Website
Based on statutory provisions, the website of Brunner Electronic GmbH contains information that enables quick electronic contacting of our enterprise, as well as direct communication with us, which also includes a general e-mail address. If a data subject contacts the controller by e-mail or by using a contact form, the personal data provided by the data subject will be stored automatically. Such personal data provided on a voluntary basis by a data subject to the data controller will be stored for the purposes of processing or contacting the data subject. This personal data will not be disclosed to third parties.
7. Routine Deletion and Blocking of Personal Data
The data controller shall process and store personal data of the data subject only for the period necessary to achieve the purpose of storage or where provided for by the European Union or other legislators or regulations to which the data controller is subject.
If the storage purpose ceases to apply or if a storage period stipulated by the European Union or other competent legislator expires, the personal data will be blocked or deleted in accordance with the statutory provisions.
8. Rights of the Data Subject
a) Right to Confirmation
Every data subject has the right, granted by the European Union, to obtain confirmation from the data controller as to whether personal data concerning him or her are being processed. If a data subject wishes to exercise this right of confirmation, he or she may, at any time, contact any employee of the data controller.
b) Right to Access
Any data subject has the right, granted by the European Union, to obtain from the data controller, at any time and free of charge, access to and a copy of the personal data relating to him or her which has been stored by the data controller. In addition, the European Union grants the data subject access to the following information:
- the purpose(s) of data processing
- the categories of personal data processed
- the recipients or categories of recipients to whom the personal data has been or will be disclosed, in particular in the case of recipients in third countries or international organisations
- if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration
- the right to request the correction or deletion of personal data concerning him or her, or the restriction of processing by the controller, or the right to object to such processing
- the right to appeal to a supervisory authority
- if the personal data is not collected from the data subject: Any available information on the origin of the data
- the use of automated decision-making processes, including profiling, pursuant to Art. 22(1) and (4) of the GDPR and, at least in these cases, meaningful information about the logic involved and the scope and intended effects of such processing for the data subject
Furthermore, the data subject shall have the right to obtain information as to whether personal data has been transferred to a third country or to an international organisation. If this is the case, the data subject also has the right to obtain information on the appropriate safety measures related to the transfer.
If a data subject wishes to exercise this right of access, he or she may contact an employee of the data controller at any time.
c) Right to Correction
Any data subject has the right granted by the European Union to request that inaccurate personal data relating to him or her be corrected without undue delay. Furthermore, the data subject has the right to request the completion of incomplete personal data, including by means of a supplementary declaration, taking into account the purposes of the processing.
If a data subject wishes to exercise this right of correction, he or she may, at any time, contact any employee of the controller.
d) Right to Deletion (“Right to be Forgotten”)
Any data subject has the right, granted by the European Union, to request the data controller to delete personal data concerning him or her without undue delay, where one of the following reasons applies and to the extent that the processing is no longer necessary:
- The personal data was collected or otherwise processed for purposes for which they are no longer necessary.
- The data subject withdraws the consent on which the processing was based on according to Art. 6(1)(a) of the GDPR or Art. 9(2)(a) of the GDPR and there is no other legal basis for the processing.
- The data subject objects to the processing according to Art. 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing according to Art. 21(2) of the GDPR.
- The personal data has been processed unlawfully.
- The erasure of the personal data is necessary for compliance with a legal obligation under Union or member state law to which the data controller is subject.
- The personal data has been collected in relation to information society services offered according to Art. 8(1) of the GDPR.
If one of the aforementioned reasons applies, and a data subject requests the deletion of personal data stored by Brunner Electronic GmbH, he or she may, at any time, contact any employee of the data controller. The employee of Brunner Electronic GmbH will arrange for the deletion request to be complied with immediately.
If the personal data has been made public by the Brunner Electronic GmbH and we are responsible for the deletion according to Art. 17(1) of the GDPR, Brunner Electronic GmbH shall implement reasonable measures, including technical measures, to inform other data controllers processing the personal data published, taking into account the available technology and the cost of implementation, that the data subject has requested from those other data controllers to delete the personal data, any links linking to the personal data or any copies and replications of this personal data. An employee of Brunner Electronic GmbH will arrange the necessary steps in each individual case.
e) Right to Restriction of Processing
Any data subject has the right, granted by the European Union, to obtain from the data controller the restriction of the processing of personal data where one of the following conditions is met:
- 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, the data subject objects to the deletion of the personal data and requests instead the restriction of the processing of the personal data.
- The controller no longer needs the personal data for the purposes of the processing, but the data subject needs it for the assertion, exercise or defence of legal claims.
- The data subject has objected to the processing according to Art. 21(1) of the GDPR and it is not yet clear whether the legitimate grounds of the data controller override the data subject's interests.
If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of personal data stored by Brunner Electronic GmbH, he or she may, at any time, contact any employee of the data controller. The employee of Brunner Electronic GmbH will arrange the necessary steps for the restriction of the processing.
f) Right to Data Portability
Each data subject has the right, granted by the European Union, to request that personal data concerning him or her, which has been provided by the data subject to a data controller, be made available to him or her in a structured, commonly used and machine-readable format. The data subject shall also have the right to transmit such data to another data controller without hindrance from the data controller to whom the personal data has been provided, where processing is based on consent according to Art. 6(1)(a) of the GDPR or Art. 9(2)(a) of the GDPR or based on a contract according to Art. 6(1)(b) of the GDPR, and processing is carried out by automated means, unless the processing is necessary for the performance of a task carried out in public interest or in the exercise of official authority vested in the data controller.
Furthermore, when exercising the right to data portability according to Art. 20(1) of the GDPR, the data subject shall have the right to request that the personal data be directly transferred from one data controller to another data controller where technically feasible and provided that this does not adversely affect the rights and freedoms of any other person.
In order to assert the right to data portability, the data subject may at any time contact any employee of Brunner Electronic GmbH.
g) Right to Objection
Any data subject has the right, granted by the European Union, to object at any time, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her which is carried out on the basis of Art. 6(1)(e) or (f) of the GDPR. This also applies to profiling based on these provisions.
Brunner Electronic GmbH shall no longer process personal data in the event of an 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 assertion, exercise or defence of legal claims.
If Brunner Electronic GmbH processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data processed for such marketing purposes. This also applies to profiling, insofar as it is related to such direct marketing. If the data subject objects to Brunner Electronic GmbH processing personal data for direct marketing purposes, Brunner Electronic GmbH will no longer process the personal data for these purposes.
In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her which is carried out by Brunner Electronic GmbH for scientific or historical research purposes, or for statistical purposes according to Art. 89(1) of the GDPR, unless such processing is necessary for the performance of a task carried out for reasons of public interest.
In order to exercise the right to object, the data subject may directly contact any employee of Brunner Electronic GmbH. The data subject is also free to exercise his or her right to object by means of automated procedures using technical specifications in connection with the use of information society services, notwithstanding Directive 2002/58/EC.
h) Automated Decision-Making in Individual Cases, including Profiling
Any data subject shall have the right, granted by the European Union, not to be subject to a decision based solely on automated processing, including profiling, which creates legal consequences for him or her or similarly affects him or her in a significant way, unless (1) it is necessary for the conclusion or fulfilment of a contract between the data subject and the data controller; or (2) it is permitted by Union or member state law, provided that the decision (1) is not necessary for entering into, or the fulfilment of, a contract between the data subject and the data controller, or (2) is authorised by Union or member state law to which the data controller is subject and that such law lays down appropriate measures to safeguard the data subject's rights and freedoms and legitimate interests, or (3) is made with the data subject's explicit consent.
If the decision (1) is necessary for entering into, or the fulfilment of, a contract between the data subject and the data controller, or (2) it is made with the data subject's explicit consent, Brunner Electronic GmbH shall implement suitable measures to safeguard the data subject's rights, freedoms and legitimate interests, which include at least the right to obtain the data subject's consent on the part of the data controller, to express his or her point of view and contest the decision.
If the data subject wishes to exercise his or her rights in regard to automated decision-making, he or she may, at any time, contact any employee of the controller.
i) Right to Withdraw Consent under Data Protection Laws
Any data subject has the right, granted by the European Union, to withdraw his or her consent to the processing of personal data at any time.
If the data subject wishes to exercise the right to withdraw consent, he or she may, at any time, contact any employee of the data controller.
9. Data Protection for Applications and during the Application Process
The data controller collects and processes the personal data of applicants for the purpose of managing the application process. The processing may also take place electronically. In particular, this shall occur when an applicant submits relevant application documents to the data controller by electronic means, for example via e-mail or via a web form available on the website. If the data controller concludes an employment contract with an applicant, the transmitted data will be stored for the purpose of processing the employment contract in compliance with relevant statutory provisions. If the data controller does not conclude an employment contract with the applicant, the application documents are automatically deleted two months after the applicant has been notified of the rejection decision, provided that no other legitimate interests of the data controller conflict with such deletion. Other legitimate interests in this sense are, for example, a duty to provide evidence in proceedings under the General Equal Treatment Act (AGG).
10. Legal Basis for Data Processing
Art. 6(1)(a) and following of the GDPR serve as the legal basis for our processing of personal data in which we request consent for a specific processing purpose. If the processing of personal data is necessary for the fulfilment of a contract to which the data subject is a party, as is the case, for example, with processing that is necessary for the delivery of goods or the provision of another service or counter-service, the processing is based on Article 6(1)(b) of the GDPR. The same applies to processing that is necessary for the implementation of pre-contractual measures, for example in the case of enquiries about our products or services. If our company is subject to a legal obligation by which the processing of personal data becomes necessary, such as for the fulfilment of tax obligations, the processing is based on Art. 6(1)(c) of the GDPR. In rare instances, the processing of personal data might become necessary in order to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were to be injured on our premises and as a result his or her name, age, health insurance details or other vital information had 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. Finally, processing operations could be based on Art. 6(1)(f) of the GDPR. Processing operations which are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to protect the legitimate interests of our company or a third party, provided that the interests, fundamental rights and freedoms of the data subject are not overriding. Such processing is permitted, in particular as it was specifically noted by the European Union. In this respect, the Union expressed the view that a legitimate interest could be assumed if the data subject is a client of the data controller (recital 47, second sentence of the GDPR).
11. Legitimate Interests in Regard to Data Processing 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 performance of our business activities for the benefit of the wellbeing of all our employees and our shareholders.
12. Retention Period for Personal Data
The criteria for the duration of the storage of personal data is the respective statutory retention period. After this period has expired, the corresponding data is routinely deleted if it is no longer required for the fulfilment of a contract or the initiation of a contract.
13. Legal or Contractual Provisions for the Provision of Personal Data
Requirement for the conclusion of a contract; obligation of the data subject to provide the personal data; possible consequences of not providing the data.
We would like to inform you that the provision of personal data is sometimes required by law (e.g. for complying with tax regulations) or may also result from contractual provisions (e.g. information on the contractual partner). Sometimes, in order to conclude a contract, it may be necessary for a data subject to provide us with personal data that must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with him or her. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Before providing personal data, the data subject must contact one of our employees. Our employee will inform the data subject on a case-by-case basis whether the provision of the personal data is required by law or contract, or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and what the consequences of not providing the personal data would be.
14. Use of Automated Decision-Making
As a responsible company, we do not use automated decision-making or profiling processes.
This data protection declaration was created by the data protection declaration generator of the data protection officer of Chemnitz in cooperation with RC GmbH, which recycles used notebooks, and the file sharing lawyers of WBS-LAW.
Schweinfurt, Germany, May 2018