Privacy policy
This page is a courtesy translation. The German version is legally binding.
We are very pleased about your interest in our company. Data protection is of particularly high importance to the management of eukalyptusdesign GbR. In principle, our websites can be used without providing any personal data. However, if a data subject wishes to use special services of our company via our website, the processing of personal data may become necessary. If the processing of personal data is necessary and there is no statutory basis for such processing, we generally obtain the consent of the data subject.
The processing of personal data, for example 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 provisions applicable to eukalyptusdesign GbR. With this privacy policy, our company would like to inform the public about the nature, scope and purpose of the personal data we collect, use and process. Furthermore, this privacy policy informs data subjects of the rights to which they are entitled.
As the controller, eukalyptusdesign GbR has implemented numerous technical and organisational measures to ensure the most complete possible protection of the personal data processed via this website. Nevertheless, internet-based data transmissions can in principle have security gaps, so absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us by alternative means, for example by telephone.
1. Definitions
The privacy policy of eukalyptusdesign GbR is based on the terms used by the European legislator when adopting the General Data Protection Regulation (GDPR). Our privacy policy should be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to explain the terms used in advance.
Among others, we use the following terms in this privacy policy:
a) Personal data
Personal data means 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 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
Data subject means any identified or identifiable natural person whose personal data is processed by the controller.
c) Processing
Processing means any operation or set of operations which is performed on 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 or controller responsible for the processing
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 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
The controller within the meaning of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union and other provisions of a data protection nature is:
eukalyptusdesign GbR
Frankenstraße 30
50858 Cologne, Germany
Tel.: +49 221 32023822
Email: info@eukalyptusdesign.de
Website: www.eukalyptusdesign.de
3. Collection of general data and information
Each time a data subject or an automated system accesses the website of eukalyptusdesign GbR, a series of general data and information is collected. This general data and information is stored in the server log files. The following may be collected: (1) the browser types and versions 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 sub-pages accessed on our website via an accessing system, (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 serve to avert danger in the event of attacks on our information technology systems.
When using this general data and information, eukalyptusdesign GbR does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimise the content of our website and the advertising for it, (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. This anonymously collected data and information is therefore evaluated by eukalyptusdesign GbR statistically on the one hand and, on the other hand, with the aim of increasing data protection and data security in our company in order to ultimately ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files is stored separately from all personal data provided by a data subject.
4. Routine erasure and blocking of personal data
The controller processes and stores personal data of the data subject only for the period necessary to achieve the purpose of storage or as provided for by the European legislator or another legislator in laws or regulations to which the controller is subject.
If the storage purpose ceases to apply or a storage period prescribed by the European legislator or another competent legislator expires, the personal data is routinely blocked or erased in accordance with the statutory provisions.
5. Rights of the data subject
a) Right to confirmation
Every data subject has the right, granted by the European legislator, to obtain from the controller confirmation as to whether personal data concerning him or her is being processed. If a data subject wishes to exercise this right to confirmation, they can contact our data protection officer or another employee of the controller at any time.
b) Right of access
Every data subject affected by the processing of personal data has the right, granted by the European legislator, to obtain from the controller at any time free information about the personal data stored about them and a copy of this information. Furthermore, the European legislator has granted the data subject access to the following information:
- the purposes of the processing
- the categories of personal data being processed
- the recipients or categories of recipients 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 concerning the data subject or restriction of processing, or to object to such processing
- the existence of 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) 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 know 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 about the appropriate safeguards relating to the transfer.
If a data subject wishes to exercise this right of access, they can contact our data protection officer or another employee of the controller at any time.
c) Right to rectification
Every data subject affected by the processing of personal data has the right, granted by the European legislator, to request 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 have incomplete personal data completed — including by means of a supplementary statement.
If a data subject wishes to exercise this right to rectification, they can contact our data protection officer or another employee of the controller at any time.
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d) Right to erasure (right to be forgotten)
Every data subject affected by the processing of personal data has the right, granted by the European legislator, to obtain from the controller the erasure of personal data concerning them without undue delay, where one of the following grounds applies and insofar as the processing is not necessary:
- The personal data have been collected or otherwise processed for purposes for which they are no longer necessary.
- The data subject withdraws consent on which the processing is based according to Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR, and there is no other legal ground for the processing.
- The data subject objects to the processing pursuant to Art. 21(1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Art. 21(2) GDPR.
- The personal data have been unlawfully processed.
- The personal data must 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 Art. 8(1) GDPR.
If one of the above grounds applies and a data subject wishes to have personal data stored by eukalyptusdesign GbR erased, they can contact our data protection officer or another employee of the controller at any time. The data protection officer of eukalyptusdesign GbR or another employee will ensure that the request for erasure is complied with without undue delay.
Where personal data has been made public by eukalyptusdesign GbR and our company, as controller, is obliged pursuant to Art. 17(1) GDPR to erase the personal data, eukalyptusdesign GbR, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the published personal data that the data subject has requested erasure by such other controllers of any links to, or copy or replication of, those personal data, insofar as processing is not necessary. The data protection officer of eukalyptusdesign GbR or another employee will arrange the necessary measures in individual cases.
e) Right to restriction of processing
Every data subject affected by the processing of personal data has the right, granted by the European legislator, to obtain from the controller restriction of processing where one 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 instead the restriction of their use.
- 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 Art. 21(1) GDPR pending the verification whether the legitimate grounds of the 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 personal data stored by eukalyptusdesign GbR, they can contact our data protection officer or another employee of the controller at any time. The data protection officer of eukalyptusdesign GbR or another employee will arrange the restriction of processing.
f) Right to data portability
Every data subject affected by the processing of personal data has the right, granted by the European legislator, to receive the personal data concerning them, which they have provided to a controller, in a structured, commonly used and machine-readable format. They also have 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 Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR or on a contract pursuant to Art. 6(1)(b) 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 public interest or in the exercise of official authority vested in the controller.
Furthermore, in exercising their right to data portability pursuant to Art. 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 where this does not adversely affect the rights and freedoms of others.
To assert the right to data portability, the data subject can contact the data protection officer appointed by eukalyptusdesign GbR or another employee at any time.
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g) Right to object
Every data subject affected by the processing of personal data has the right, granted by the European legislator, to object, on grounds relating to their particular situation, at any time, to processing of personal data concerning them which is based on Art. 6(1)(e) or (f) GDPR. This also applies to profiling based on these provisions.
In the event of an objection, eukalyptusdesign GbR will no longer process the personal data unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or the processing serves the establishment, exercise or defence of legal claims.
If eukalyptusdesign GbR processes personal data for direct marketing purposes, the data subject has the right to object at any time to processing of the personal data for such marketing. This also applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to eukalyptusdesign GbR to the processing for direct marketing purposes, eukalyptusdesign GbR will no longer process the personal data for these purposes.
In addition, the data subject has the right, on grounds relating to their particular situation, to object to processing of personal data concerning them by eukalyptusdesign GbR for scientific or historical research purposes or for statistical purposes pursuant to Art. 89(1) GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
To exercise the right to object, the data subject can contact the data protection officer of eukalyptusdesign GbR or another employee directly. The data subject is also free, in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to exercise their right to object by automated means using technical specifications.
h) Automated individual decision-making, including profiling
Every data subject affected by the processing of personal data has the right, 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 the 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 the controller or (2) is based on the data subject’s explicit consent, eukalyptusdesign GbR will implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, which include at least the right to obtain human intervention on the part of the controller, to express their point of view and to contest the decision.
If the data subject wishes to exercise rights relating to automated decisions, they can contact our data protection officer or another employee of the controller at any time.
i) Right to withdraw consent under data protection law
Every data subject affected by the processing of personal data has the right, granted by the European legislator, to withdraw consent to the processing of personal data at any time.
If the data subject wishes to exercise their right to withdraw consent, they can contact our data protection officer or another employee of the controller at any time.
6. Data protection in applications and the application process
The controller collects and processes the personal data of applicants for the purpose of handling the application process. The processing can also take place electronically. This is the case in particular if an applicant submits the relevant application documents to the controller electronically, for example by email or via a web form on the website. If the controller concludes an employment contract with an applicant, the data submitted will be stored for the purpose of handling the employment relationship in compliance with the statutory provisions. If the controller does not conclude an employment contract with the applicant, the application documents will be automatically erased two months after the notification of the rejection decision, provided that no other legitimate interests of the controller oppose erasure. Other legitimate interests in this sense include, for example, a duty to provide evidence in proceedings under the German General Equal Treatment Act (AGG).
7. Legal basis of the processing
Art. 6(1)(a) GDPR serves our company 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 party, as is the case, for example, for processing operations necessary for the supply of goods or the provision of another service or consideration, the processing is based on Art. 6(1)(b) GDPR. The same applies to processing operations that are necessary for the implementation of pre-contractual measures, for example in cases of enquiries about our products or services. If our company is subject to a legal obligation which requires the processing of personal data, such as the fulfilment of tax obligations, the processing is based on Art. 6(1)(c) GDPR. In rare cases, the processing of personal data may become 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 in our premises and their name, age, health insurance data or other vital information had to be passed on to a doctor, a hospital or other third parties. The processing would then be based on Art. 6(1)(d) GDPR. Finally, processing operations could be based on Art. 6(1)(f) GDPR. This legal basis is used for processing operations which are not covered by any of the above legal bases, 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. We are permitted to carry out such processing operations in particular because they have been specifically mentioned by the European legislator. In that regard, it took the view that a legitimate interest could be assumed where the data subject is a customer of the controller (Recital 47, second sentence, GDPR).
8. Legitimate interests in the processing pursued by the controller or a third party
Where the processing of personal data is based on Article 6(1)(f) GDPR, our legitimate interest is carrying out our business for the benefit of the well-being of all our employees and our shareholders.
9. Period for which the personal data will be stored
The criterion for the period of storage of personal data is the respective statutory retention period. After the period has expired, the corresponding data is routinely erased, provided that it is no longer necessary for the performance or initiation of a contract.
10. Statutory or contractual requirements to provide personal data; necessity for entering into a contract; obligation of the data subject to provide the personal data; possible consequences of failure to provide such data
We inform you that the provision of personal data is partly required by law (e.g. tax regulations) or may also result from contractual provisions (e.g. information about the contractual partner). Sometimes it may be necessary for the conclusion of a contract that a data subject provides us with personal data which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company concludes a contract with them. 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 our data protection officer. Our data protection officer 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 failure to provide the personal data would be.
11. Existence of automated decision-making
As a responsible company, we do not use automatic decision-making or profiling.
This privacy policy was created by the privacy policy generator of the Deutsche Gesellschaft für Datenschutz (German Society for Data Protection), in cooperation with the media law attorneys WILDE BEUGER SOLMECKE | Rechtsanwälte.