Data privacy statement
Data privacy is of especially great importance for our company. It is essentially possible to use the website without providing any personal data. Should a particular person wish to make use of special services of our company online, however, it may be necessary to process personal data. Should the processing of personal data be required, and should no legal basis exist for such processing, we will obtain the prior consent of the person concerned.
The processing of personal data, for example the name, address, e-mail address or telephone number of a person concerned, is always carried out in line with the Federal Data Privacy Act (BDSG), the EU General Data Privacy Regulation (GDPR) that comes into force on 25/05/2018, and any laws which likewise apply. With this data privacy statement, our company would like to provide information on the nature, scope and purpose of the personal data processed by us and explain to persons concerned what rights they are entitled to assert.
Our company has implemented numerous technical and organisational measures in order to ensure that any personal data processed is protected as comprehensively as possible. Web-based data transmission may, however, possibly contain security gaps, so that absolute protection cannot be guaranteed.
Our company's data privacy statement is based on the General Data Privacy Regulation (DS-GVO/GDPR). It is formulated so as to be easy to read and understood. In order to ensure this, we are explaining the terms used in advance:
1.1 Personal data
Personal data is "any information which relates to an identified or identifiable natural person (hereinafter referred to as either 'affected person' or 'person concerned'). A natural person is considered identifiable if he or she can be directly or indirectly identified, in particular by means of being allocated to an identifier, such as a name, an ID number, site data, an online identifier or one or more special features which are the expression of the physical, physiological, genetic, psychological, economic, cultural or social identity of said natural person" (see Art. 4(1) of the General Data Privacy Regulation (GDPR)).
1.2 Person concerned/affected person
A person concerned or affected person is any identified or identifiable natural person whose personal data is processed by the party responsible for the processing.
Processing is any procedure carried out with or without the aid of automated methods, or any such sequence of procedures in connection with personal data, such as the gathering, recording, organising, ordering, storage, adaptation or amendment of data, the reading out of it, querying of it, use, disclosure of it by way of transmission, dissemination or any other form of provision, the comparison or linking of it, or the limitation, deletion or destruction of it.
1.4 Limitation of processing
Limitation of processing means the marking of stored personal data with the aim of limiting its future processing.
Profiling means any kind of automated processing of personal data where such personal data is used to assess certain personal aspects relating to a natural person, in particular in order to analyse or predict aspects in regard to work performance, economic position, health, personal preferences, interests, reliability, conduct, place of residence or change of location of such natural person.
Pseudonymisation means processing personal data in the case where the personal data can no longer be assigned to a specific person concerned without drawing upon additional information. Such additional information that is subject to the technical and organisational measures is stored separately, and it is thus guaranteed that the personal data cannot be allocated to an identified or identifiable natural person.
1.7 Responsible party or party responsible for the processing
The party responsible, or the party responsible for processing the information, is the natural or legal person, authority, institution or other body which decides, either alone or together with others, for the purpose and means of processing personal data.
1.8 Contract data processor
A contract data processor is a natural or legal person, authority, institution or other body which processes personal data on behalf of the party responsible.
The recipient is a natural or legal person, authority, institution or other body to whom or which personal data is disclosed, irrespective of whether the latter is a third party or not. Authorities which may receive personal data in the context of a particular investigation mandate under EU law or the law of the Member States are not, however, deemed recipients.
1.10 Third party
A third party is a natural or legal person, authority, institution or other body other than the person concerned, the responsible party, the contract data processor and the persons who are authorised, under the direct responsibility of the party responsible or the contract data processor, to process the personal data.
Consent means any expression of intent in the form of a declaration or any other clear confirmatory action voluntarily submitted by the person concerned in regard to the particular case in an informed way and unmistakably, with which the person concerned makes it understood that he or she is in agreement with the processing of the personal data concerning him or her.
2 Name and address of the party responsible for the processing
The party responsible within the meaning of the General Data Privacy Regulation (DS_GVO/GDPR) is:
Cryomotive GmH\ Hauptstr. 8b
85630 Grasbrunn\ Germany
The person concerned can at any time prevent cookies from being placed by our website by adjusting the setting of the web browser used accordingly, and thus permanently oppose the placing of cookies. Furthermore, any cookies already placed can be deleted via a web browser or other software program at any time. This is possible in all common web browsers. Should the person concerned disable the placing of cookies in the web browser used, it will be the case that, under certain circumstances, not all functions of our website can be used in full.
4 Gathering general data and information
Every time the website is accessed by a particular person or an automated system, the web server of Cryomotive gathers a range of pieces of general data and information. This general data and information is stored in the log files of the server. The browser types and versions used, the operating system used by the accessing system, the website from which an accessing system reaches our website, the sub-pages of the website which are accessed on our website via an accessing system, the date and time of any access to the website, an Internet protocol address (IP address), the Internet Service Provider of the accessing system and any other similar data and information which serves to fend off risk in the event of our IT systems being attacked may be gathered.
When using such general data and information, Cryomotive does not draw any conclusions concerning the person concerned. Rather, such information is needed in order to deliver the content of our website correctly, optimise the content of our website, as well as the advertising for it, guarantee the ongoing functionality of our IT systems and the technology of our website, and provide law enforcement agencies with the information necessary for prosecution in the event of a cyber-attack. Such data and information gathered anonymously is therefore evaluated by Cryomotive on the one hand statistically, and also with the aim of increasing data privacy and data security at our company, in order to ultimately ensure an optimum level of protection for the personal data processed by us. The anonymous data of the server log files is stored separately from any personal data given by a person concerned.
5 The option to make contact via the website
Based on statutory regulations, our company's website contains details which make it possible to make fast contact with our company electronically, as well as enable direct communication with us, which likewise comprises a general e-mail address. Should a person concerned take up contact with the party responsible for the processing via a contact form, the personal data transmitted by the person concerned will automatically be saved. Such personal data transmitted to the person responsible for the processing by a person concerned on a voluntary basis is saved for the purposes of processing the request or taking up contact with the person concerned. Such personal data is not passed on to third parties.
6 Routine deletion and blocking of personal data
The party responsible for the processing only processes and stores personal data of the person concerned for the period of time which is necessary in order to achieve the purpose of the processing, or in so far as the latter has been stipulated in laws or regulations forming the basis for the processing by the party responsible by the legislative authority. Should the purpose of such storage lapse, or should a storage period prescribed by the legislative authority expire, the personal data is routinely blocked or deleted, in line with the statutory regulations.
7 Rights of the person concerned
7.1 The right to receive confirmation
Every person concerned is entitled to request from the person responsible for the processing a confirmation on whether personal details concerning him or her are processed. Should a person concerned wish to lay claim to this right of confirmation, he or she may contact our Data Privacy Officer or any other employee of the party responsible for the processing for that purpose.
7.2 Right to information
Any person affected by the processing of personal data is entitled to receive the information on the personal data stored on his or her person from the party responsible for the processing, free of charge, and be given a copy of such information along with the information cited here:
- The purposes of processing the personal data
- the categories of personal data that is being processed
- the recipient or categories of recipients to whom the personal data has been disclosed or is yet to be disclosed, in particular in the case of recipients in non-EU countries or at international organisations
- if possible, the scheduled duration for which the personal data will be saved, or, if this is not possible, the criteria for laying down such duration
- the existence of a right to correction or deletion of the personal data concerning him or her or to restricting the processing by the party responsible or of a right of opposition against such processing
- the existence of a right to appeal to a regulatory authority
- if the personal data is not gathered from the person concerned: any information available on the origin of the data
- the existence of automated decision making, including profiling pursuant to Article 22(1) and (4) General Data Privacy Regulation (GDPR), and --- at least in such cases --- meaningful information on the logic involved, as well as the reach, and the effects of such processing aimed for, for the person concerned.
The person concerned moreover has a right to information on whether personal data has been transmitted to a non-EU country or an international organisation. Should this be the case, the person concerned shall also be entitled to receive information on the appropriate warranties in connection with the transmission.
Should a person concerned wish to lay claim to such a right to information, he or she may contact our Data Privacy Officer for this purpose at any time.
7.3 Right to correction
Any person affected by the processing of personal data has the right to demand immediate correction of any incorrect personal data concerning him or her. The person concerned is, furthermore, entitled, taking into account the purpose of the processing, to demand that incomplete personal data is completed -- also by way of a supplementary statement.
Should a person concerned wish to lay claim to such a right to information, he or she may contact our Data Privacy Officer for this purpose at any time.
7.4 The right to deletion (the right to be forgotten)
Any person affected by the processing of personal data has the right to demand of the party responsible that the personal data concerning him or her is deleted immediately, if one of the following grounds applies and if the processing is not necessary:
- The personal data has been gathered for such purposes, or processed in another way, for which it is no longer needed.
- The person concerned revokes his or her consent, on which he or she based the processing pursuant to Art. 6(1)(a) General Data Privacy Regulation (GDPR) or Art. 9(2)(a) General Data Privacy Regulation (GDPR), and there is no other legal basis for the processing.
- Pursuant to Art. 21(1) General Data Privacy Regulation (GDPR), the person concerned is filing an opposition to the processing, and there are no overriding justified grounds for the processing, or the person concerned is filing an opposition against the processing pursuant to Art. 21(2) General Data Privacy Regulation (GDPR).
- The personal data has been processed illegitimately.
- The deletion of the personal data is necessary in order to fulfil a legal obligation in accordance with EU law or the law of the Member States to which the party responsible is subject.
- The personal data has been gathered in regard to services offered in the information society pursuant to Art. 8(1) General Data Privacy Regulation (GDPR).
Should one of the above-mentioned grounds apply and an affected person wish to arrange for the deletion of personal data that is stored with our company, he or she may contact our Data Privacy Officer for this purpose at any time. Our Data Privacy Officer will arrange for the request for deletion to be complied with without delay.
Should the personal data have been published by our company, and should our company, as the party responsible pursuant to Art. 17(1) General Data Privacy Regulation (GDPR), be obliged to delete said personal data, our company shall, taking into account the available technology and the implementation costs, take appropriate steps, also of a technical nature, to inform other parties responsible for the data processing, who process the published personal data, that the person concerned has requested from such other parties responsible for processing the data that all links to said personal data or copies or replications of such personal data be deleted, provided that the processing is not necessary. The Data Privacy Officer will arrange for whatever is necessary in the individual case.
7.5 Right to limit the processing
Any person affected by the processing of personal data has the right, granted by the Legislator of the respective European Directives and Regulations, to require the party responsible to limit the processing of the data if one of the following prerequisites exists:
- The accuracy of the personal data is disputed by the person concerned, and in fact for a period of time which enables the party responsible to check the accuracy of the personal data.
- The processing is illegitimate, and the person concerned refuses to have the personal data deleted, and instead demands that the use of the personal data be restricted.
- The party responsible no longer requires the personal data for the purposes of the processing, the person concerned does, however, require it to assert, exercise or defend legal claims.
- The person affected has filed an opposition against the processing of the data pursuant to Art. 21(1) General Data Privacy Regulation (GDPR), and it has not yet been established whether the justified grounds of the party responsible outweigh those of the affected person.
Should any of the above-mentioned prerequisites apply and an affected person wish to request that the personal data that is stored with our company be limited, he or she may contact our Data Privacy Officer for this purpose at any time. The Data Privacy Officer will arrange for the processing of the data to be limited.
7.6 The right to data portability
Any person affected by the processing of personal data is entitled to receive the personal data concerning him or her, which has been provided to a party responsible by the affected person, in a structured, up-to-date and machine-readable format. He or she additionally has the right to transmit such data to a different party responsible, without being hindered by the party responsible, to which or whom the personal data has been provided, as long as the processing is based on the consent pursuant to Art. 6(1)(a) General Data Privacy Regulation (GDPR) or Art. 9(2)(a) General Data Privacy Regulation (GDPR) or an agreement pursuant to Art. 6(1)(b) General Data Privacy Regulation (GDPR), and the processing is undertaken with the aid of automated procedures, as long as the processing is not necessary in order to complete a task that is in the public interest or completed to exercise official authority that has been conferred upon the party responsible.
When exercising his or her right to data portability pursuant to Art. 20(1) General Data Privacy Regulation (GDPR), the person concerned is, moreover, entitled to cause the personal data to be transmitted directly from one party responsible to another party responsible, if the latter is technically feasible, and as long as the rights and freedoms of other persons are not thereby impaired.
In order to assert the right to data portability, the person concerned may contact the Data Privacy Officer appointed by us at any time.
7.7 Right to file an opposition
Any person affected by the processing of personal data has the right, for reasons which arise from his or her particular situation, to file an opposition against the processing of personal data concerning him or her that is being undertaken based on Art. 6(1)(e) or (f) General Data Privacy Regulation (GDPR), at any time. This also applies to any profiling based on these provisions.
In the event of an opposition, our company no longer processes the personal data, unless we can provide evidence of mandatory grounds for the processing, worthy of protection, which outweigh the interests, rights and freedoms of the person concerned, or the processing serves the purpose of asserting, exercising or defending legal claims.
Should our company process personal data in order to carry out direct marketing, the person concerned is entitled to file an opposition against the processing of the personal data for the purposes of such marketing, at any time. This also applies to profiling, in so far as it is connected with such direct marketing. Should the person concerned oppose the data being processed for the purposes of direct marketing, vis-à-vis our company, we will no longer process the personal data for such purposes.
In addition, the person concerned is entitled, for reasons arising from his or her particular situation, to file an opposition against the processing of personal data concerning him or her that is performed by our company for scientific or historic research purposes or for statistical purposes pursuant to Art. 89(1) General Data Privacy Regulation (GDPR), unless such processing is necessary in order to complete a task that falls within the scope of the public interest.
In order to exercise the right of opposition, the person concerned may contact the Data Privacy Officer directly.
7.8 Automated decisions in the individual case, including profiling
Any person affected by the processing of personal data has the right not to be subjected to a decision based exclusively on automated processing -- including profiling -- which develops legal validity in regard to him or her or affects him or her considerably in a similar way, as long as the decision is not required for concluding or fulfilling an agreement between the person concerned and the party responsible, or admissible based on legislation of the Union or the Member States, to which the party responsible is subject, with such legislation containing appropriate steps to preserve the rights and freedoms, as well as the justified interests of the person concerned, or effected with the express consent of the person concerned.
Should the decision regarding the conclusion or fulfilment of an agreement between the person concerned and the party responsible be required, or should it be taken with the express consent of the person concerned, our company will take appropriate steps to preserve the rights and freedoms of the person concerned, as well as his or her justified interests, which at least includes the right to arrange for the intervention of a person on the part of the party responsible, the right to explain one's own position and the right to contest the decision.
Should the person concerned wish to assert rights in regard to automated decisions, he or she may, for this purpose, contact our Data Privacy Officer at any time.
7.9 The right to revocation of any consent under data privacy law
Any person affected by the processing of personal data has the right to revoke any consent given to the processing of personal data at any time. Should the person concerned wish to assert his or her right to revoke any consent granted, he or she may contact our Data Privacy Officer for this purpose at any time.
8 Data privacy in the case of applications and in the application process
The party responsible for the processing gathers and processes the personal data of applicants for the purpose of executing the application procedure. The processing may also be carried out electronically. This is in particular the case if an applicant transmits corresponding application documents to our company electronically, for example by e-mail or via a web form to be found on the website. Should our company conclude an employment contract with an applicant, the data transmitted will be saved for the purpose of handling the employment relationship, adhering to the statutory regulations. Should no employment contract with the applicant be concluded by our company, the application documents will automatically be deleted six months after announcing the decision to turn down the application, unless such deletion is in conflict with any justified interests on the part of the party responsible for the processing. A justified interest, in this sense, may, for example, be an obligation to provide evidence in any proceedings under the German General Equal Treatment Act (AGG).
9 Competent regulatory authority for data privacy
Bayerisches Landesamt für Datenschutzaufsicht
Promenade 27 (Schloss)\ D-91522 Ansbach\ Deutschland
Telefon: +49 (0) 981 53 1300\ Telefax: +49 (0) 981 53 98 1300\ E-Mail: poststelle[at]lda.bayern.de
10 Amendments to the data privacy provisions
We reserve the right to alter our security and data privacy provisions, should it be necessary due to technological developments. We will, in such cases, also adapt our data privacy statement accordingly. Please note the respective current version of our data privacy statement.