Name and contact details of the controller:
EL-Cell GmbH
Tempowerkring 8
21079 Hamburg
Germany
Phone: +49 40 79012-737
Fax: +49 40 79012-736
Name and contact details of the data protection officer:
Thilo Noack
Shared IT Professional GmbH & Co KG
Saebystr. 17a
24576 Bad Bramstedt
[email protected]
If you have any questions about data protection law or your data subject rights, you can contact us directly at the email address: [email protected].
Security and protection of your personal data
We consider it our primary responsibility to maintain the confidentiality of the personal information you provide to us and to protect it from unauthorised access.
As a company under private law, we are subject to the provisions of the European General Data Protection Regulation (GDPR) and the regulations of the german Federal Data Protection Act (BDSG). We have taken technical and organisational measures to ensure that the regulations on data protection are observed both by us and by our external service providers.
Definitions
The legislator requires that personal data are processed in a lawful manner, in good faith and in a way that is comprehensible to the data subject (“lawfulness, processing in good faith, transparency”). To ensure this, we inform you about the individual legal definitions that are also used in this data protection notice:
1. 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.
2. Processing
“Processing” means any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organisation, filing, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
3. Restriction of processing
“Restriction of processing” means the marking of stored personal data with the aim of limiting their future processing.
4. Profiling
“Profiling” means any automated processing of personal data which consists in using such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or change of location.
5. Pseudonymisation
“Pseudonymisation” means 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 which ensure that the personal data cannot be attributed to an identified or identifiable natural person.
6. File system
“File system” means any structured collection of personal data accessible according to specified criteria, whether such collection is maintained in a centralised, decentralised or functional or geographical manner.
7. Controller
“Controller” means a 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.
8. Order processor
“Processor” means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the Controller.
9. Receiver
“Receiver” means a natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not a third party. However, public authorities which may receive personal data in the context of a specific investigative task under Union or Member State law shall not be considered as recipients and the processing of such data by those authorities shall be carried out in accordance with the applicable data protection rules, in accordance with the purposes of the processing.
10. Third party
“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 the processor.
11. Consent
“Consent” of the data subject means any freely given specific, informed and unambiguous indication of his or her wishes in the form of a statement or other unambiguous affirmative act by which the data subject signifies his or her agreement to personal data relating to him or her being processed.
Lawfulness of the processing
The processing of personal data is only lawful if there is a legal basis for the processing. Pursuant to Article 6 (1) a) – f) GDPR, the legal basis for processing may be in particular:
a. The data subject has given consent to the processing of personal data concerning him or her for one or more specific purposes;
b. the processing is necessary for the performance of a contract to which the data subject is party or for the implementation of pre-contractual measures taken at the data subject’s request;
c. processing is necessary for compliance with a legal obligation to which the controller is subject;
d. the processing is necessary in order to protect the vital interests of the data subject or of another natural person;
e. 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;
f. processing is necessary for the purposes of the legitimate interests of the controller or of a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require the protection of personal data, in particular where the data subject is a child.
Information on the collection of personal data
In the following, we inform you about the collection of personal data when using our website. Personal data are e.g. name, address, e-mail addresses, user behaviour.
Collection of personal data when visiting our website
In the case of mere informational use of the website, i.e. if you do not register or otherwise transmit information to us, we only collect the personal data that your browser transmits to our server. If you wish to view our website, we collect the following data, which is technically necessary for us to display our website to you and to ensure stability and security:
After a technical evaluation, this data is deleted immediately. In accordance with Art. 6 Para. 1 lit. f) GDPR, this data collection serves to protect our legitimate interests in the correct presentation of our website offering, which outweigh our interests in the context of a balancing of interests, as well as compliance with the EU General Data Protection Regulation in terms of security and confidentiality.
Newsletter
This website uses the service provider Sendinblue (Brevo), a simplified joint-stock company registered with the Paris Trade and Companies Register under number 498 019 298 with its registered office at 106 boulevard Haussmann 75008 Paris, to send newsletters. The newsletter contains news, offers and further information on the selected brands and trademarks. By subscribing to the newsletter, you will receive personalised information about our products and services in accordance with the consent you have given in each case. We evaluate your purchase and click behaviour on our websites or within the newsletter in order to compile information that is relevant to you.
The newsletter is usually sent out several times a year (“regularly”). In individual cases (e.g. in the case of special promotions), contact may also be made on a weekly basis.
The data is forwarded to our customer management platform, which may also be accessed by service providers for the support and implementation of the newsletter. The platform service provider receives access to personal data from a third country (countries outside the European Economic Area). So-called standard contractual clauses pursuant to Art. 46 GDPR have been concluded with these service providers as suitable guarantees or the provider has signed the standard contractual clauses of the prevailing EU data protection regulations (https://ec.europa.eu/info/law/law-topic/data-protection/publications/standard-contractual-clauses-controllers-and-processors).
This collected data is automatically deleted after 24 months if you no longer respond to the newsletter, e.g. open (inactivity). If you no longer wish to receive the newsletter, you can cancel the receipt of the newsletter at any time and unsubscribe accordingly. To do so, click on the link contained in each newsletter, you will then be guided through the unsubscribe process, or send us your revocation by e-mail.
Legal basis: Art. 6 para. 1 lit. a) GDPR
Contact
If you contact us by e-mail or via our contact form, the data you provide (your e-mail address, name and telephone number, if applicable) will be stored by us in order to answer your questions. We delete the data accruing in this context after the storage is no longer necessary, e.g. when your request has been dealt with. Otherwise, processing will be restricted if there are legal obligations to retain data. In the event of a contract being initiated from the contact, we process the data accordingly as above.
The legal basis for this is Art. 6 para. 1 lit. a) or b) GDPR.
Request for quotation
If you would like to submit an enquiry via our website, it is necessary for the conclusion of the contract that you provide your personal data, which we require for the processing of your enquiry. The requested details are mandatory details necessary for the processing of the contract initiation. We process the data you provide in order to process your enquiry.
The legal basis for this is Art. 6 para. 1 lit. b) GDPR
If a contract is not concluded, the personal data from your enquiry will be deleted within 90 days of notification that the contract has not been concluded.
Cookie Consent Tool
We use the cookie consent tool from devowl.io GmbH, located at Tannet 12, 94539 Grafling, Germany, to obtain effective user consent for cookies and cookie-based applications that require consent.
By integrating this consent tool, users are shown a banner when they access the page, in which they can give their consent for certain cookies and/or cookie-based applications by ticking the appropriate box. The tool blocks the setting of all cookies requiring consent until the respective user grants the corresponding consent by ticking the corresponding box. This ensures that such cookies are only set on your respective end device if you have given your consent. In order for the cookie consent tool to be able to clearly assign page views to individual users and to individually record, log and store the consent settings you have made for a session duration, certain user information (including the IP address) is collected when our website is called up by the cookie consent tool, transmitted to the server of the provider of the cookie consent tool and stored there. This data processing is carried out in accordance with Art. 6 (1) f) GDPR on the basis of our legitimate interest in a legally compliant, user-specific and user-friendly consent management for cookies and thus in a legally compliant design of our website. Further legal basis for the described data processing is Art. 6 para. 1 lit. c) GDPR. As the responsible party, we are subject to the legal obligation to make the use of technically unnecessary cookies dependent on the respective user consent.
By using our website, information (e.g. IP address) may be accessed or stored (e.g. cookies) in your terminal equipment. This access or storage may involve further processing of personal data within the meaning of the GDPR.
Use of cookies
When you use and visit our website, cookies or similar technologies such as pixels (hereinafter generally referred to as “cookies”) are used on your computer. Cookies are either small databases that are stored by your browser on your end device to store certain information, or image files such as pixels. The next time you call up our website with the same terminal device, the information stored in cookies is subsequently sent back either to our website (“first party cookie”) or to another website to which the cookie belongs (“third party cookie”).
Through the stored and returned information, the respective website recognises that you have already called up and visited it with the browser of your end device. We use this information to optimally design and display the website according to your preferences. Only the cookie itself is identified on your end device. Any further storage of personal data only takes place with your express consent or if this is absolutely necessary in order to be able to use the service offered and accessed by you accordingly.
This website uses the following types of cookies, the scope and functionality of which are explained below:
We will inform you which cookie types are set and used in each case for the tools we use.
Essential cookies (type a)
Essential cookies ensure functions without which you cannot use our websites as intended. These cookies are used exclusively by us and are therefore first party cookies. This means that all information stored in the cookies is returned to our website.
Essential cookies are used, for example, to ensure that you, as a registered user, always remain logged in when accessing various sub-pages of our website and thus do not have to re-enter your login data each time you call up a new page.
The use of essential cookies on our website is possible without your consent. For this reason, absolutely necessary cookies cannot be individually deactivated or activated. However, you have the option to generally deactivate cookies in your browser at any time (see below).
Functional and performance cookies (type b)
Functional cookies allow our website to store information you have already provided (such as registered name or language selection) and offer you improved and more personalised features based on this information. These cookies only collect and store anonymised information, so they cannot track your movements on other websites.
Performance cookies collect information about how our websites are used in order to improve their attractiveness, content and functionality. These cookies help us to determine, for example, whether and which subpages of our website are visited and which content users are particularly interested in. In particular, we record the number of times a page is accessed, the number of sub-pages accessed, the time spent on our website, the order of the pages visited, which search terms led you to us, the country, region and, if applicable, the city from which access is made, as well as the proportion of mobile devices accessing our websites. Furthermore, we record movements, “clicks” and scrolling with the computer mouse in order to understand which areas of our website are of particular interest to users. As a result, we can tailor the content of our website more specifically to the needs of our users and optimise our offering. The IP address of your computer transmitted for technical reasons is automatically anonymised and does not allow us to draw any conclusions about the individual user.
You can object to the use of functional and performance cookies at any time by adjusting your cookie settings accordingly.
Legal basis: Art. 6 para. 1 lit. f) GDPR
Cookies requiring consent (type c)
Cookies that are neither absolutely necessary (type a) nor functional or performance cookies (type b) are only used after your consent.
We reserve the right to also use information obtained by means of cookies from an anonymised analysis of the usage behaviour of visitors to our websites in order to display specific advertising for certain of our products to you on our own websites. We believe that this benefits you as a user because we display advertising or content that we believe, based on your browsing behaviour, matches your interests, so that you are less likely to be shown random advertising or specific content that may be of less interest to you.
Marketing cookies come from external advertising companies (third party cookies) and are used to collect information about the websites visited by the user in order to create targeted advertising for the user.
Opt-out for marketing cookies
You can also manage cookies used for online advertising through tools developed in many countries as part of self-regulatory programmes, such as the US-based https://www.aboutads.info/choices/ or the EU-based http://www.youronlinechoices.com/uk/your-ad-choices.
Legal basis: Art. 6 para. 1 lit. a) GDPR
Management and deletion of all cookies
In addition, you can set your internet browser to generally prevent cookies from being saved on your end device or to ask you each time whether you agree to cookies being set. Once cookies have been set, you can also delete them at any time. You can find out how all this works in detail in the help function of your browser.
Matomo
We use the open source software Matomo from ePrivacy Holding GmbH (order processor in the sense of Art. 28 GDPR), Große Bleichen 21, 20354 Hamburg, Germany for the statistical evaluation of user access to our information and advertising pages. The statistics obtained enable us to improve our offer and make it more interesting for you as a user.
Matomo generates cookies on your computer. The information contained in the cookies – for example, the time, place and frequency of your website visit, including your IP address – is transferred to our Matomo server and stored there. Your IP address is immediately anonymised during this process, so that you as a user remain anonymous to us. The information contained in the cookie about your use of this website is not passed on to third parties. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website.
The Matomo programme is an open source project. Information from the third-party provider on data protection is available at https://matomo.org/privacy-policy/.
Legal basis: Art. 6 para. lit. a) GDPR
Youtube
We have integrated videos from the provider YouTube, Google Ireland Limited Gordon House, Barrow Street Dublin 4. Ireland, into our online offer, which are stored on http://www.YouTube.com and can be played directly from our website. These are all integrated in “extended data protection mode”, i.e. no data about you as a user is transmitted to YouTube if you do not play the videos. Only when you play the videos will the data mentioned in the next paragraph be transferred. We have no influence on this data transmission. The purpose of the processing is for marketing reasons.
By visiting the website, YouTube receives the information that you have accessed the corresponding sub-page of our website. In addition, the data mentioned in section 2 of this declaration is transmitted. This occurs regardless of whether YouTube provides a user account via which you are logged in or whether no user account exists. If you are logged in to Google, your data will be directly assigned to your account. If you do not want your data to be associated with your YouTube profile, you must log out before activating the button. YouTube stores your data as usage profiles and uses them for the purposes of advertising, market research and/or designing its website in line with requirements. Such an evaluation is carried out in particular (even for users who are not logged in) to provide needs-based advertising and to inform other users of the social network about your activities on our website. You have the right to object to the creation of these user profiles, and you must contact YouTube to exercise this right.
For further information on the purpose and scope of data collection and processing by YouTube, please refer to YouTube’s privacy policy. There you will also find further information on your rights and setting options to protect your privacy:
https://policies.google.com/privacy
In order to establish an adequate level of security, your consent pursuant to Art. 49 (1) a) GDPR may serve as the legal basis for the transfer to third countries.
To protect your rights and personal data, we have integrated Youtube with a so-called two-click solution that only transmits data to Google after you have explicitly activated the map function.
Furthermore, Google offers a number of ways to object to the collection of personal data by Google: https://policies.google.com/privacy#infochoices
Legal basis: Art. 6 para. 1 lit. a) GDPR
Duration of the processing
We only process your data for as long as is necessary to fulfil our contract or applicable legal provisions and to maintain our relationship with you. We inform you about the specific storage period of the data within the scope of the respective description of the individual data processing. If you do not find a concrete indication of the storage period there, then it is not possible for us to name such a period because it depends on various individual factors (e.g. the term of the contract, assertion of claims, etc.). In these cases, we base the duration of storage on the principle of data minimisation and proportionality.
Business documents are kept for a maximum of 6 and 10 years in accordance with the requirements of the German Commercial Code and the German Fiscal Code.
As long as you do not object or revoke your consent, we will use your data to maintain and intensify our trusting business relationship for our mutual benefit.
Should you wish your data to be deleted, we will delete your data immediately, provided that there are no legal obligations to retain the data.
Rights of the data subject
1. Revocation of consent
If the processing of personal data is based on consent given, you have the right to revoke your consent at any time. The revocation of the consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.
2. Right to confirmation
You have the right to request confirmation from the controller as to whether we are processing personal data relating to you. You can request confirmation at any time using the contact details above.
3. Right to information
If personal data are processed, you can request information about these personal data and about the following information at any time:
(a) the purposes of the processing;
(b) the categories of personal data processed;
(c) the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular in the case of recipients in third countries or international organisations;
(d) 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;
(e) the existence of a right to obtain the rectification or erasure of personal data concerning you, or the restriction of processing by the controller, or a right to object to such processing;
f) the existence of a right of appeal to a supervisory authority;
(g) where the personal data are not collected from the data subject, any available information on the origin of the data;
(h) the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.
(i) If personal data are transferred to a third country or to an international organisation, you have the right to be informed about the appropriate safeguards pursuant to Article 46 DPA Regulation in connection with the transfer. We will provide a copy of the personal data that is the subject of the processing. For any further copies you request as an individual, we may charge a reasonable fee based on administrative costs. If you make the request electronically, the information shall be provided in a commonly used electronic format, unless it indicates otherwise. The right to receive a copy under Article 20 shall not prejudice the rights and freedoms of other persons.
4. Right to rectification and completion
You have the right to request that we correct any inaccurate personal data relating to you without undue delay. Taking into account the purposes of the processing, you have the right to request the completion of incomplete personal data, including by means of a supplementary declaration.
5. Right to erasure (“right to be forgotten”)
You have the right to request the controller to delete the personal data concerning you without delay and we are obliged to delete personal data without delay if one of the following reasons applies:
(a) the personal data are no longer necessary for the purposes for which they were collected or otherwise processed.
(b) the data subject revokes the consent on which the processing was based pursuant to Article 6(1)(a) or Article 9(2)(a) of the GDPR and there is no other legal basis for the processing.
(c) 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.
(d) the personal data have been processed unlawfully.
(e) the erasure of the personal data is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.
If the controller has made the personal data public and is obliged to erase it pursuant to paragraph 1, it shall take reasonable steps, including technical measures, having regard to the available technology and the cost of implementation, to inform data controllers which process the personal data that a data subject has requested that they erase all links to or copies or replications of that personal data.
The right to erasure (“right to be forgotten”) does not exist insofar as the processing is necessary for any of the following:
6. Right to restriction of processing
You have the right to request us to restrict the processing of your personal data if one of the following conditions is met:
(a) 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;
(b) the processing is unlawful and the data subject opposes the erasure of the personal data and requests instead the restriction of the use of the personal data;
(c) 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; or
(d) the data subject has objected to the processing pursuant to Article 21(1) of the GDPR for as long as it is not yet clear whether the legitimate grounds of the controller override those of the data subject.
Where processing has been restricted in accordance with the above conditions, such personal data shall be processed, apart from being stored, only with the consent of the data subject or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of substantial public interest of the Union or of a Member State.
8. Right to data portability
You have the right to receive the personal data concerning you that you have provided to us in a structured, commonly used and machine-readable format, and you have the right to transmit this data to another controller without hindrance from the controller to whom the personal data was provided, provided that:
a) the processing is based on consent pursuant to Article 6 (1) (a) or Article 9 (2) (a) or on a contract pursuant to Article 6 (1) (b) GDPR and
(b) the processing is carried out with the aid of automated procedures.When exercising the right to data portability pursuant to paragraph 1, you have the right to have the personal data transferred directly from one controller to another controller, insofar as this is technically feasible. The exercise of the right to data portability does not affect the right to erasure (“right to be forgotten”). This right shall not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
9. Right of objection
You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out on the basis of Article 6(1)(e) or (f) GDPR; this also applies to profiling based on these provisions. The controller shall no longer process the personal data unless it 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 personal data are processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purpose of such marketing; this also applies to profiling insofar as it is related to such direct marketing. If you object to the processing for direct marketing purposes, the personal data will no longer be processed for these purposes.
In the context of the use of information society services, notwithstanding Directive 2002/58/EC, you may exercise your right to object by means of automated procedures using technical specifications.
You have the right to object, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out for scientific or historical research purposes or for statistical purposes pursuant to Article 89(1), unless the processing is necessary for the performance of a task carried out in the public interest.
You can exercise the right to object at any time by contacting the controller.
10. Right to complain to a supervisory authority
They shall also have the right, without prejudice to any other administrative or judicial remedy, to lodge a complaint with a supervisory authority, in particular in the Member State of their residence, place of work or the place of the alleged infringement, if the data subject considers that the processing of personal data relating to them infringes this Regulation.
11. Right to effective judicial remedy
Without prejudice to any available administrative or non-judicial remedy, including the right to lodge a complaint with a supervisory authority pursuant to Article 77 GDPR, you shall have the right to an effective judicial remedy if you consider that your rights under this Regulation have been infringed as a result of the processing of your personal data not in compliance with this Regulation.
Data protection information for applicants
We are pleased that you are interested in us and are applying or have applied for a position in our company. We would like to provide you below with information on the processing of your personal data in connection with the application.
Which of your data do we process? And for what purposes?
We process the data you have sent us in connection with your application in order to assess your suitability for the position (or other open positions in our company, if applicable) and to carry out the application process.
On what legal basis is that based?
The legal basis for the processing of your personal data in this application procedure is primarily the german section 26 BDSG. According to this, the processing of data required in connection with the decision on the establishment of an employment relationship is permissible.
Should the data be required for legal prosecution after the application process has been completed, data processing may be carried out on the basis of the requirements of Art. 6 GDPR, in particular in order to safeguard legitimate interests pursuant to Art. 6 para. 1 lit. f) GDPR. Our interest then consists in the assertion or defence of claims.
How long will the data be stored?
Data of applicants will be deleted after 6 months in case of rejection.
In the event that you have agreed to further storage of your personal data, we will transfer your data to our applicant pool. There, the data will be deleted after two years.
If you have been awarded a position during the application process, the data from the applicant data system will be transferred to our personnel information system.
To which recipients is the data passed on?
We use a specialised software provider for the application process. This provider acts as a service provider for us and may also receive knowledge of your personal data in connection with the maintenance and care of the systems. We have concluded a so-called order processing agreement with this provider, which ensures that the data processing is carried out in a permissible manner.
Your application data will be reviewed by the HR department after receipt of your application. Suitable applications are then forwarded internally to the department heads for the respective open position. The further procedure is then coordinated. In principle, only those persons in the company have access to your data who need this for the proper course of our application procedure.
Legal validity
If sections or individual terms of this statement are not legal or correct, the content or validity of the other parts remain uninfluenced by this fact.
