Data privacy
Data Privacy Statement
With this Data Privacy Statement, Wulf Gaertner Autoparts AG intends to inform its customers, business partners and the public of the method, scope and purpose of our processing of personal data. This Data Privacy Statement also informs data subjects of their rights.
The data you provide will only be used to answer your inquiries or to provide you with the information or services you have requested. We will take whatever measures are necessary to ensure that your personal data is not used commercially or sold to third parties. Personal data is processed in accordance with the requirements of the EU’s General Data Protection Regulation and in compliance with any specific national privacy regulations to which Wulf Gaertner Autoparts AG is subject.
We will only collect, process and use the personal data which you voluntarily provided to us for the purposes stated. This does not apply if such data is collected, processed or used for a further purpose which is directly related to the original purpose for which the personal data was collected or if the use thereof is necessary as a result of legal obligations or official or court orders. Nor does it apply if we need your data in order to assert or protect legal claims or to defend ourselves against legal action or to prevent misuse or other unlawful activities including but not limited to intentional attacks on systems supporting our web page in order to safeguard data security.
Wulf Gaertner Autoparts AG has implemented numerous technical and organisational measures to achieve the highest level of protection of personal data processed via this website possible. However, please be aware that the transfer of data via the Internet (for example communication by e-mail) may be subject to security risks, making it impossible to ensure complete protection against third-party access to transferred data.
1 Definitions
The Wulf Gaertner Autoparts AG Data Privacy Statement uses the terms as defined in the General Data Protection Regulation (GDPR) adopted by the European legislative bodies. We want this Data Privacy Statement to be easy to read and understand for the public, our customers and our business partners. Please find below a definition of the terms used in this Data Privacy Statement:
a) Personal data
Any information relating to an identified or identifiable natural person (‘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
Any identified or identifiable natural person the personal data of whom is processed by the controller.
c) Processing
Any operation or set of operations which is performed on personal data or on sets of 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
The marking of stored personal data with the aim of limiting their processing in the future.
e) Profiling
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
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
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. Regarding the use of this web page, the controller is Wulf Gaertner Autoparts AG. 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
A natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
i) Recipient
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
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
Any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he/she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him/her.
l) Enterprise
A natural or legal person engaged in an economic activity, irrespective of its legal form, including partnerships or associations regularly engaged in an economic activity.
2 Controller name and address
Within the meaning of the General Data Protection Regulation, other European Union or member state data protection laws as well as other data protection regulations of a legal nature, the Controller is:
Wulf Gaertner Autoparts AG
Merkurring 111
22143 Hamburg
Phone: +49-40-6750-6510
Fax: +49-40-6750-6506
Website: www.wulfgaertner.com
E-mail: contact(at)meyle.com
Data subjects can contact us directly at any time in order to exercise their rights as a data subject (for further details see Sections 8 and 9) or in order to ask any questions and submit suggestions regarding data protection.
You can contact our data protection officer at the following e-mail address: Datenschutz(at)meyle.com
3 Cookies
Cookies are text files which can be saved on a data subject’s device. The information contained in cookies makes it easier for an individual to navigate the website and allows our web pages to be displayed correctly. Our cookies are not designed to be able to specifically identify an individual.
When you access our website, an informational banner will appear informing you of our use of cookies for functional purposes and refer you to this privacy statement. In this context, we will also inform you how you, as the data subject, can prevent cookies from being saved on your device by adjusting your browser settings accordingly. Please refer to the instructions provided by your browser manufacturer to determine how to do this. Additionally, cookies which were previously saved can be deleted at any time via a web browser or using other software applications. This option is available in all standard web browsers. If the data subject deactivates the use of cookies in their web browser, it is possible that not all of our website’s features will remain fully functional.
This website uses ‘session cookies’. Session cookies are only saved on your device for as long as you visit the website, and are deleted at the end of your visit.
This website is hosted by a service provider acting on behalf of the controller.
4 Collection of general data and information
The controller’s website collects a range of general data and information each time a data subject or an automated system accesses the website. This general data and information is stored in our server’s log files. The following data may be collected: (1) browser type and version, (2) operating system running on the device accessing the website, (3) the website from which our website was accessed (‘referrer’), (4) the pages requested by the system accessing our website, (5) the date and time that our website was accessed, (6) the Internet protocol address (IP address), (7) the name of the Internet service provider of the system accessing our website, (8) any other similar data and information that would help protect our information technology systems in the event of an attack.
The controller cannot identity a specific data subject from this general data and information. This data is required in order to transmit and optimise our website content, optimise advertising for our website, ensure and maintain the functional reliability of our information technology systems and the website technology and to allow us to provide law enforcement authorities with any information required for law enforcement in the event of cyber-attacks. This anonymous data and information is therefore evaluated by the controller both for statistical purposes and with the aim of increasing data protection and data security within the company in order to ensure an optimum level of protection for the personal data processed. Anonymous data kept in the server log files is stored separately from any personal data submitted by a data subject.
If necessary, the controller will provide necessary data for the purposes mentioned in this section to companies working with the controller.
If the user has granted his/her consent, the legal basis for processing the user’s data after registering for the newsletter is Art. 6(1)(f) of the GDPR.
The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected. The retention period results from the terms of our agreements, due to statutory limitation periods, which generally last three years according to the German Civil Code (BGB) or detailed specifications from the German Tax Code (Abgabenordnung), the German Commercial Code (Handelsgesetzbuch) and other legal regulations.
5 Routine deletion and restriction of processing personal data
The controller will process and store personal data of the data subject only for as long as is required to fulfil the purpose for which the data is being collected, or for the period stipulated by the applicable European Union laws or any other laws and provisions on data processing to which the controller is subject. The retention period(s) result(s) from the terms of our agreements, due to statutory limitation periods, which generally last three years according to the German Civil Code (BGB) or detailed specifications from the German Tax Code (Abgabenordnung), the German Commercial Code (Handelsgesetzbuch) (i.e. 6 or 10 years).
If the purpose for storing the personal data no longer exists or if the retention period pursuant to European Union laws or any other applicable law has expired, a routine process is run to delete or restrict the processing of personal data in accordance with the legal provisions.
6 Rights of the data subject
If the data subject wants to exercise one of the following rights concerning personal data being stored on the controller’s systems, he/she can at any time contact our staff in charge of processing personal data, who will immediately comply with any legitimate requests.
a) Right to obtain confirmation
The data subject has the right to obtain from the controller confirmation as to whether or not personal data concerning him/her is being processed.
b) Right of access
Every data subject has the right to request information from the controller at any time on the personal data concerning him/her that is being stored by the controller. . In addition, the European directives and regulations grant data subjects the right of access to the following information:
aa) the purpose of the processing;
bb) the categories of personal data concerned;
cc) the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
dd) where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
ee) the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;
ff) the right to lodge a complaint with a supervisory authority;
gg) where the personal data are not collected from the data subject, any available information as to their source;
hh) the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) 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.
In addition, the data subject will be informed if personal data are transferred to a third country or to an international organisation. Where this is the case, the data subject has the right to be informed of the appropriate safeguards relating to the transfer.
c) Right to rectification
Every data subject has the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him/her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
d) Right to erasure (‘right to be forgotten’)
The data subject has the right to obtain from the controller the erasure of personal data concerning him/her without undue delay and the controller has the obligation to erase personal data without undue delay where one of the following grounds applies:
aa) the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
bb) the data subject withdraws consent on which the processing is based according to point (a) of Article 6(1), or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing;
cc) 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;
dd) the personal data have been unlawfully processed;
ee) ) the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject;
ff) the personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.
Where the controller has made the personal data public and where our company as the controller is obliged pursuant to Article 17(1) of the GDPR to erase the personal data, the controller, taking account of available technology and the cost of implementation, takes reasonable steps, including technical measures, to inform controllers which are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data.
e) Right to restriction of processing
Every data subject has the right to obtain from the controller restriction of processing where one of the following applies:
aa) 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;
bb) the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead;
cc) 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;
dd) the data subject has objected to processing pursuant to Article 21(1) pending the verification whether the legitimate grounds of the controller override those of the data subject.
f) Right to data portability
Every data subject shall have the right to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format and 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 point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR or on a contract pursuant to point (b) of Article 6(1) GDPR and the processing is carried out by automated means, as long as 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 controller.
In addition, in exercising his/her right to data portability pursuant to Article 20(1) of the GDPR, the data subject has the right to have the personal data transmitted directly from one controller to another, where this is technically feasible and does not affect the rights and freedoms of others.
g) Automated individual decision-making, including profiling
Every data subject has the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him/her or similarly significantly affects him/her. This will not apply to the extent that the decision:
aa) is necessary for entering into, or performance of, a contract between the data subject and a data controller;
bb) 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
cc) is based on the data subject’s explicit consent.
If the decision (aa) is necessary for entering into, or performance of, a contract between the data subject and a data controller or (cc) is based on the data subject’s explicit consent, the data controller 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 controller, to express his/her point of view and to contest the decision.
h) Right to withdraw consent
Every data subject has the right to withdraw his/her consent to the processing of his/her personal data at any time.
7 Right to object
You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on point (e) or (f) of Article 6(1) of the GDPR, including profiling based on those provisions.
If a data subjects makes such an objection, the controller will no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims.
Where personal data are processed for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing, which includes profiling to the extent that it is related to such direct marketing. Where the data subject objects to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes.
In addition, where personal data are processed for scientific or historical research purposes or statistical purposes pursuant to Article 89(1) of the GDPR, the data subject, on grounds relating to his or her particular situation, has the right to object to processing of personal data concerning him or her, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
8 Right to lodge a complaint with a supervisory authority (Article 13(2)(d) of the GDPR)
If you are not satisfied with the way in which we have dealt with a concern, you have the right to contact the above data protection officer or the competent supervisory authority for data protection in your (federal) state or the state in which our headquarters are located.
9 Data privacy in the recruitment process
The controller collects and processes the following personal data of applicants for the purpose of conducting the application process:
Last name, first name, address, telephone number, e-mail and application documents.
Personal data may be processed electronically (e.g. with applications submitted by email). The collection and processing of applicant data is performed exclusively for the purpose of filling positions at the controller. Applicant data is only forwarded to the departments responsible for the specific application procedure. Any further use or disclosure of applicant data to third parties does not occur.
If the controller and the applicant enter into an employment contract, the data transferred for the purpose of processing the employment relationship will be stored in accordance with the statutory provisions. If the controller and the applicant do not enter into an employment contract, the candidate’s application documents will be deleted automatically after a period of six months from the date of the notification of the rejection, unless the controller has other legitimate interests. To this effect, other legitimate interests include, for example, the burden of proof in proceedings under Germany’s General Act on Equal Treatment (Allgemeines Gleichbehandlungsgesetz).
If an application process leads to the applicant being hired, the controller will add the application documents, if necessary, to the personnel file on the basis of Article 6(1)(b) of the GDPR and Section 26(1) of Germany’s Federal Data Protection Act (Bundesdatenschutzgesetz) in order to document the applicant’s personality profile and qualifications for the purpose of the employment relationship. In this case, the application documents will not be deleted and destroyed until the employment relationship has ended and a further three years have elapsed since the end of the year that the employment relationship ended.
If the applicant consents to the processing of his/her data for the purpose of filling other positions, the data will be regularly erased and destroyed after a period of one year has elapsed from the date of receipt of the application or immediately after the withdrawal of consent, but not before a period of six months has elapsed from the date of final rejection, either by the applicant or by the controller, of all application procedures to which the application documents were added.
10 Notes
This data privacy statement is subject to change to take account of any new developments regarding technology, content or statutory requirements. As such, we kindly ask you to regularly review this data privacy statement in order to keep abreast of the latest developments. This data privacy statement is from May 2018.
Wulf Gaertner Autoparts AG strives to constantly improve its service for customers, business partners, applicants and interested parties.
Updated: November 21, 2018