We are very pleased about your interest in our company. Data protection is of particular importance to the management of MMG – Modular Metall GmbH. The use of the Internet pages of MMG – Modular Metall GmbH is possible without any indication of personal data. However, if a data subject wishes to use special services of our enterprise via our website, the processing of personal data could become necessary. If the 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, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to the MMG – Modular Metall GmbH. By means of this data protection declaration, our company wishes to inform the public about the nature, scope and purpose of the personal data collected, used and processed by us. Furthermore, data subjects are informed of their rights by means of this data protection declaration.

As the controller, the MMG – Modular Metall GmbH has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. Nevertheless, Internet-based data transmissions may in principle have security gaps, so that absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us also by alternative means, for example by telephone.

1. Definitions

The data protection declaration of the MMG – Modular Metall GmbH 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 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.

In this privacy policy, we use the following terms, among others:

a) personal data

Personal data is any information relating to an identified or identifiable natural person (hereinafter referred to as “data subject”). An identifiable natural person shall mean a natural person who can be identified, directly or indirectly, in particular by association with an identifier such as a name, an identification number, location data, an online identifier or one or more specific characteristics expressing 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 are processed by the controller.

(c) Processing

Processing means any operation or series of operations involving personal data, whether or not by automated means, such as the collection, collection, organisation, arrangement, storage, adaptation or alteration, reading, consultation, use, disclosure by transmission, dissemination or otherwise making available, matching or linking, restriction, erasure or destruction.

d) Restriction of processing

Restriction of processing is the marking of stored personal data with the aim of restricting its future processing.

(e) Profiling

Profiling is any type of automated processing of personal data which consists in the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to the work performance, economic situation, health, personal preferences, interests, reliability, behaviour, whereabouts or relocation of that natural person.

f) Pseudonymisation

Pseudonymisation is the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures ensuring that the personal data are not attributed to an identified or identifiable natural person.

g) Controller or controller of the processing

Controller or controller is the natural or legal person, public authority, agency or other body which alone or jointly with others decides on the purposes and means of processing personal data. Where the purposes and means of such processing are determined by Union or Member State law, Union or Member State law may provide for the controller or the specific criteria for its designation.

(h) Processors

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

(i) Recipients

Recipient is a natural or legal person, public authority, agency or other body to which personal data is disclosed, whether or not it is a third party. However, authorities which may receive personal data in the context of a particular investigation mandate under Union or Member State law shall not be considered as recipients.

(j) Third parties

Third party means a natural or legal person, public authority, agency or other body other than the data subject, the controller, the processor and the persons authorised to process the personal data under the direct responsibility of the controller or processor.

(k) Consent

Consent is any expression of intent voluntarily given by the data subject, in an informed and unambiguous manner, in the form of a declaration or other unequivocal affirmative action, in the specific case, by which the data subject is informed and unambiguous.

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:
MMG – Modular Metall GmbH
Dr. Otto Nuschke Str. 14
08280 Aue
Germany
Phone: 03771 / 56535-20
Mail: info@modular-metall.de
Website: www.modular-metall.de

3. Cookies

The website of MMG – Modular Metall GmbH uses cookies. Cookies are text files that are stored on a computer system via an Internet browser.

Many websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a string of characters by which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This enables the visited Internet pages and servers to distinguish the individual browser of the data subject from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified by the unique cookie ID.

By using cookies, MMG – Modular Metall GmbH can provide the users of this website with more user-friendly services that would not be possible without the cookie setting.
By means of a cookie, the information and offers on our website can be optimized in the interests of the user. Cookies allow us, as already mentioned, to recognize the users of our website. The purpose of this recognition is to make it easier for users to use our website. For example, the user of a website that uses cookies does not have to re-enter his/her access data every time he/she visits the website, because this is taken over by the website and the cookie stored on the user’s computer system. Another example is the cookie of a shopping cart in the online shop. The online shop remembers the items that a customer has placed in the virtual shopping cart via a cookie.

The data subject may prevent the setting of cookies by our website at any time by means of an appropriate setting of the Internet browser used and thus permanently object to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via an Internet browser or other software programs. This is possible in all common internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be fully usable.

4. Collection of general data and information

The website of the MMG – Modular Metall GmbH collects a series of general data and information when a data subject or automated system calls up the website. These general data and information are stored in the log files of the server. This may include (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 which are accessed via an accessing system on our website, (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 provided by the accessing system. security in the event of attacks on our information technology systems.

When using these general data and information, the MMG – Modular Metall GmbH does not draw any conclusions about the data subject. Rather, this information is required to (1) deliver the content of our website correctly, (2) optimize the content of our website and its advertising, (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 law enforcement in the event of a cyber attack. Therefore, the MMG – Modular Metall GmbH 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.

5. Routine deletion and blocking of personal data

The controller shall process and store personal data of the data subject only for the period necessary to achieve the purpose of storage or if this has been provided for by the European legislator or another legislator in laws or regulations to which the controller is subject.
If the purpose of storage no longer applies or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data will be blocked or deleted routinely and in accordance with legal requirements.

6. Right 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 exercise this right of confirmation, he or she may, at any time, contact any employee of the controller.

b) Right to information

Any person affected by the processing of personal data shall have the right granted by the European legislator to obtain, at any time, free of charge, information from the controller about the personal data stored concerning him or her and a copy of such information. In addition, the European legislator has granted the data subject access to the following information:

  • the purposes of the processing;
  • the categories of personal data 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;
  • if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining that duration
  • the existence of a right to rectification or erasure of personal data concerning him or her or to restriction of processing by the controller or a right to object to such processing;
  • the existence of a right of appeal to a supervisory authority
  • if the personal data are not collected from the data subject: all available information on the origin of the data
  • the existence of automated decision-making, including profiling, in accordance with Article 22(1) and (4) of the GDPR and, at least in these cases, meaningful information on the logic involved and the scope and intended effects of such processing for the data subject;

Furthermore, the data subject shall have the right to obtain information as to whether personal data have been transferred to a third country or to an international organisation. If this is the case, the data subject shall also have the right to obtain information on the appropriate safeguards in connection with the transfer.

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

c) Right to rectification

Any person affected by the processing of personal data shall have the right granted by the European legislator to request the immediate rectification of inaccurate personal data concerning him or her. Furthermore, the data subject shall have the right, having regard to the purposes of the processing, to request the completion of incomplete personal data, including by means of a supplementary declaration.

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

d) Right to erasure (right to be forgotten)

Any person affected by the processing of personal data shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without delay where one of the following grounds applies and 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 revokes his or her consent to which the processing pursuant to Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR and there is no other legal basis for the processing.
  • In accordance with Art. 21 para. 1 GDPR and there are no overriding legitimate grounds for the processing, or the data subject submits an objection pursuant to Art. 21 para. 2 GDPR to object to the processing.
  • The personal data has been processed unlawfully.
  • The erasure of the personal data is necessary to comply with a legal obligation under Union law or the law of the Member States to which the controller is subject.
  • The personal data have been collected in relation to information society services offered pursuant to Art. 8 para. 1 GDPR.
  • If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by the MMG – Modular Metall GmbH, he or she may, at any time, contact any employee of the controller. An employee of MMG – Modular Metall GmbH shall promptly ensure that the erasure request is complied with immediately.

If the personal data have been made public by MMG – Modular Metall GmbH and our company is the controller pursuant to Art. 17 para. 1 GDPR to erase the personal data, the MMG – Modular Metall GmbH shall take reasonable measures, including technical measures, taking into account the available technology and the implementation costs, to inform other data controllers who process the published personal data that the data subject has requested from these other data controllers the erasure of all links to, or copies or replications of, such personal data, the processing is not necessary. The employee of MMG – Modular Metall GmbH will arrange the necessary arrangements in individual cases.

e) Right to restriction of processing

Any data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following conditions is met:

  • The accuracy of the personal data is contested by the data subject for a period that allows the controller to verify the accuracy of the personal data.
  • The processing is unlawful, the data subject opposes the erasure of the personal data and instead requests the restriction of the use of the personal data.
  • The controller no longer needs the personal data for the purposes of the processing, but the data subject needs them for the establishment, exercise or defence of legal claims.
  • The data subject has objected to the processing pursuant to Art. Art. 21 para. 1 GDPR and it is not yet clear whether the legitimate reasons of the controller outweigh those of the data subject.

If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by the MMG – Modular Metall GmbH, he or she may at any time contact any employee of the controller. The employee of MMG – Modular Metall GmbH will arrange the restriction of the 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 have been provided by the data subject to a controller, in a structured, commonly used and machine-readable format. You also have the right to transmit these data to another controller without hindrance by the controller to whom the personal data have been provided, provided that the processing is based on consent pursuant to Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR or on a contract pursuant to Art. 6 para. 1 lit. 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, when exercising their right to data portability pursuant to Art. 20 para. 1 DS-GVO the right to have the personal data transmitted directly from one controller to another controller, insofar as this is technically feasible and insofar as the rights and freedoms of other persons are not affected.

In order to assert the right to data portability, the data subject may at any time contact any employee of the MMG – Modular Metall GmbH.

g) Right to object

Each data subject shall have the right granted by the European legislator to object at any time, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her, which is based on Art. 6 para. 1 letter e or f DS-GVO is required to file an objection. This also applies to profiling based on these provisions.

The MMG – Modular Metall GmbH shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims.

If the MMG – Modular Metall GmbH processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This also applies to profiling insofar as it is related to such direct advertising. If the data subject objects to the MMG – Modular Metall GmbH to the processing for direct marketing purposes, the MMG – Modular Metall GmbH will no longer process the personal data for these purposes.
In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by the MMG – Modular Metall GmbH for scientific or historical research purposes, or for statistical purposes pursuant to Art. 89 Para. 1 GDPR, unless such processing is necessary for the performance of a task carried out for reasons of public interest.

In order to exercise the right to object, the data subject may contact any employee of the MMG – Modular Metall GmbH. The data subject shall also be free, in the context of the use of information society services, notwithstanding Directive 2002/58/EC, to exercise his or her right to object by automated means using technical specifications.

h) Automated decisions in individual cases including profiling

Each data subject shall have 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 him or her, or similarly significantly affects him or her, if the decision (1) is not necessary for entering into, or performance of, a contract between the data subject and the 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 the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject’s explicit consent, the MMG – Modular Metall GmbH 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 or her point of view and contest the decision.

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

i) Right to withdraw consent under data protection law

Any person affected by the processing of personal data has the right granted by the European legislator of directives and regulations to revoke consent to the processing of personal data at any time.

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

7. Legal basis of the processing

Art. 6 I lit. 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, when processing operations are necessary for the supply of goods or to provide any other service or consideration, the processing is based on Art. 6 I lit. b GDPR. The same applies to such processing operations that are necessary to carry out pre-contractual measures, for example in cases of inquiries about our products or services. If our company is subject to a legal obligation which requires 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, it may be necessary to process personal data in order to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were injured in our company and their name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. The processing would then be based on Art. 6 I lit. d GDPR.

Ultimately, processing operations could be based on Art. 6 I lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned 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 which require protection of personal data. We are permitted to carry out such processing operations in particular because they have been specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47 Sentence 2 GDPR).

8. Legitimate interests in the processing pursued by the controller or by 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 our shareholders.

9. Duration for which the personal data is stored

The criterion for the duration of the storage of personal data is the respective statutory retention period. Once this period has expired, the corresponding data is routinely deleted, provided it is no longer required to fulfill or initiate a contract.

10. Legal or contractual provisions for the provision of personal data; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of non-provision

We would like to inform you that the provision of personal data is partly required by law (e.g. tax regulations) or may also result from contractual regulations (e.g. information on the contractual partner).

Sometimes it may be necessary for a contract to be concluded for a data subject to provide us with personal data that must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with them. Failure to provide the personal data would mean 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 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 would be if the personal data were not provided.

11. Existence of automated decision-making

As a responsible company, we do not use automatic decision-making or profiling.
This Privacy Policy has been generated by the Privacy Policy Generator of the DGD – Your External DPO that was developed in cooperation with German Lawyers from WILDE BEUGER SOLMECKE, Cologne.