Privacy Policy

Privacy Policy

We are very pleased about your interest in our company. Data protection is of particularly high priority for the management of Günter Conrad GmbH / TRANSFORM-First®. The use of the Internet pages of Günter Conrad GmbH / TRANSFORM-First® is generally possible without any provision of personal data. However, if a data subject wants to use special services of our company via our website, processing of personal data could become necessary. If processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the data subject.

The processing of personal data, such as the name, address, email address, or telephone number of a data subject, is always carried out in accordance with the General Data Protection Regulation and in compliance with the country-specific data protection regulations applicable to Günter Conrad GmbH / TRANSFORM-First®. By means of this privacy policy, our company wishes to inform the public about the nature, scope, and purpose of the personal data we collect, use, and process. Furthermore, data subjects are informed of their rights by means of this privacy policy.

As the controller, Günter Conrad GmbH / TRANSFORM-First® has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions can in principle have security gaps, so absolute protection cannot be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means, e.g., by telephone.

1. Definitions

The privacy policy of Günter Conrad GmbH / TRANSFORM-First® is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our privacy policy should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used.

In this privacy policy, we use, inter alia, the following terms:

  • a) Personal data

    Personal data means 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

    Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.

  • c) Processing

    Processing is 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, organization, 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 is 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 analyze or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements.

  • f) Pseudonymization

    Pseudonymization is 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 organizational 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

    The controller or person responsible for processing 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 nomination may be provided for by Union or Member State law.

  • h) Processor

    A processor is a natural or legal person, public authority, agency, or other body which processes personal data on behalf of the controller.

  • i) Recipient

    A recipient is a natural or legal person, public authority, agency, or other body to which 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 third party is 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 authorized to process personal data.

  • k) Consent

    Consent of the data subject 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 related to data protection is:

Günter Conrad GmbH / TRANSFORM-First®

Kailbachstr. 1b 72

83254 Breitbrunn (am Chiemsee)

Germany

Tel.: +49 175 576 6599

Email: gc@guenterconrad.com

Website: www.transform-first.de

3. Collection of General Data and Information

The website of Günter Conrad GmbH / TRANSFORM-First® collects a series of general data and information when a data subject or automated system calls up the website. This general data and information are stored in the server log files. Collected may be (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 referrers), (4) the sub-websites, (5) the date and time of access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.

When using these general data and information, Günter Conrad GmbH / TRANSFORM-First® does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, Günter Conrad GmbH / TRANSFORM-First® analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.

4. Routine Erasure and Blocking of Personal Data

The data controller processes and stores personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the data controller is subject.

If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data is routinely blocked or erased in accordance with legal requirements.

5. Rights of the Data Subject

  • a) Right to Confirmation

    Each data subject shall have the right granted by the European legislator to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail themselves of this right of confirmation, they may, at any time, contact an employee of the controller.

  • b) Right to Information

    Every person affected by the processing of personal data has the right granted by the European directive and regulation makers to obtain from the controller free information about his or her stored personal data and a copy of this information at any time. Furthermore, the European directive and regulation makers have granted the data subject access to the following information:

    • The purposes of the processing
    • The categories of personal data concerned
    • 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 organizations
    • 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, or restriction of processing of personal data concerning the data subject, 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) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject

    Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organization. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.

    If a data subject wishes to avail himself of this right of access, he or she may, at any time, contact any employee of the controller.

  • c) Right to Rectification

    Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or 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.

    If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact any employee of the controller.

  • d) Right to Erasure (Right to be Forgotten)

    Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:

    • The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
    • The data subject withdraws consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
    • The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
    • The personal data 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 Article 8(1) of the GDPR.

    If any of the above reasons apply and a data subject wishes to request the deletion of personal data stored by Günter Conrad GmbH / TRANSFORM-First®, they may contact an employee of the controller at any time. The employee of Günter Conrad GmbH / TRANSFORM-First® will ensure that the deletion request is complied with immediately.

    If the personal data has been made public by Günter Conrad GmbH / TRANSFORM-First® and our company is obliged to erase the personal data as the controller pursuant to Art. 17 (1) GDPR, Günter Conrad GmbH / TRANSFORM-First® shall take reasonable measures, including technical measures, taking into account the available technology and implementation costs, to inform other controllers processing the published personal data that the data subject has requested the erasure of all links to this personal data or copies or replications of this personal data by these other controllers, insofar as processing is not necessary. The employee of Günter Conrad GmbH / TRANSFORM-First® will arrange the necessary actions in individual cases.

  • e) Right to Restriction of Processing

    Every data subject shall have 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 defense of legal claims.
    • The data subject has objected to processing pursuant to Article 21(1) GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.

    If any of the above conditions are met and a data subject wishes to request the restriction of personal data stored by Günter Conrad GmbH / TRANSFORM-First®, they may contact an employee of the controller at any time. The employee of Günter Conrad GmbH / TRANSFORM-First® will arrange the restriction of processing.

  • f) Right to Data Portability

    Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as 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) of the 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.

    Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.

    To exercise the right to data portability, the data subject may at any time contact an employee of Günter Conrad GmbH / TRANSFORM-First®.

  • g) Right to Object

    Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.

    Günter Conrad GmbH / TRANSFORM-First® shall no longer process the personal data in the event of objection 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 purpose of asserting, exercising, or defending legal claims.

    If Günter Conrad GmbH / TRANSFORM-First® processes personal data for direct marketing purposes, the data subject has the right to object at any time to the processing of personal data for such marketing. This also applies to profiling insofar as it is related to such direct marketing. If the data subject objects to Günter Conrad GmbH / TRANSFORM-First® processing for direct marketing purposes, Günter Conrad GmbH / TRANSFORM-First® will no longer process the personal data for these purposes.

    In addition, the data subject has the right to object, on grounds relating to their particular situation, to the processing of personal data concerning them which is carried out by Günter Conrad GmbH / TRANSFORM-First® for scientific or historical research purposes or for statistical purposes pursuant to Art. 89 (1) GDPR, unless such processing is necessary for the performance of a task carried out in the public interest.

    To exercise the right to object, the data subject may directly contact any employee of Günter Conrad GmbH / TRANSFORM-First® or another employee. The data subject is also free to exercise their right to object by automated means using technical specifications in connection with the use of information society services, notwithstanding Directive 2002/58/EC.

  • h) Automated Individual Decision-Making, Including Profiling

    Every data subject shall have the right granted by the European legislators and regulators not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her, unless the decision (1) is necessary for entering into, or performance of, a contract between the data subject and the data controller, or (2) is authorized 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) it is based on the data subject’s explicit consent, Günter Conrad GmbH / TRANSFORM-First® 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 their point of view and to contest the decision.

    If the data subject wishes to exercise rights relating to automated decision-making, he or she may at any time contact an employee of the controller.

  • i) Right to Withdraw Data Protection Consent

    Each data subject shall have the right granted by the European legislators and regulators to withdraw his or her consent to the processing of his or her 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 an employee of the controller.

6. Legal Basis for Processing

Art. 6 I lit. a GDPR serves as the legal basis for our company’s processing operations where 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, with processing operations necessary for the delivery of goods or the provision of any other service or consideration, the processing is based on Art. 6 I lit. b GDPR. The same applies to processing operations necessary for the implementation of pre-contractual measures, for instance in cases of inquiries about our products or services. If our company is subject to a legal obligation requiring the processing of personal data, such as for the fulfillment of tax obligations, the processing is based on Art. 6 I lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data, or other vital information had to be passed on to a doctor, hospital, or other third parties. Then the processing would be based on Art. 6 I lit. d GDPR. Finally, processing operations could be based on Art. 6 I lit. f GDPR. This legal basis is used for processing operations not covered by any of the aforementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).

7. Legitimate Interests in the Processing Pursued by the Controller or a Third Party

Where the processing of personal data is based on Article 6 I lit. f GDPR our legitimate interest is to carry out our business in favor of the well-being of all our employees and the shareholders.

8. Period for Which the Personal Data Will Be Stored

The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.

9. Provision of Personal Data as Statutory or Contractual Requirement; Requirement Necessary to Enter into a Contract; Obligation of the Data Subject to Provide the Personal Data; Possible Consequences of Failure to Provide Such Data

We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary to conclude a contract that the 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 signs a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject must contact one of our employees. Our employee clarifies to the data subject 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 the consequences of non-provision of the personal data.

10. Existence of Automated Decision-Making

As a responsible company, we refrain from automated decision-making or profiling.

This Privacy Policy was created by the privacy policy generator of the DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as the External Data Protection Officer Bayreuth, in cooperation with the Lawyer for IT and Data Protection Law Christian Solmecke.