DATA PROTECTION
Data protection
We are very pleased about your interest in our company. Data protection has aparticularly high priority for the management of OSA Baumaschinen GmbH. The use of the Internet pages of OSA Baumaschinen GmbH is possible without any indication of personal data; if a data subject requires special services
of our company via our website, but couldprocessing of personal data may become necessary. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain consent from the data subject.
The processing of personal data, such as name, address, email addressor 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 OSA Baumaschinen GmbH. By means of this data protection declaration, our enterprise would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed of the rights to which they are entitled by means of this data protection declaration.
OSA Baumaschinen GmbH, as the controller, has numeroustechnical and organizational measures to ensure the most complete protection of personal data processed through this website. Nevertheless, Internet-based data transmissions can generally have security gaps
so that absolute protection cannot be guaranteed. For this reasonEvery data subject is free to transmit personal data to us via alternative means, for example by telephone.
1. Definitions
The data protection declaration of OSA Baumaschinen GmbH is based on the terms,used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our privacy policy is intended to be easily readable and
To ensure this, we would like to explain in advance the terms and conditions usedExplain terms.
In this privacy policy we use, among others, the following terms:
a) personal data
Personal data is any information relating to an identified or identifiable natural person (hereinafter referred to as the “data subject”). An identifiable natural person is one who, 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
A data subject is any identified or identifiable natural person whose personal data is processed by the controller.
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 the collection, recording, organisation, structuring, storage,
adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or any other form of provision, alignment or linking, restriction, deletion
or destruction.
d) Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of limiting its future processing.
e) Profiling
Profiling is 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
to predict.
f) Pseudonymisation
Pseudonymisation is the processing of personal data in such a way thatwhich the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that 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
person.
g) Controller or person responsible for processing
The controller or person responsible for processing is the natural orlegal person, public authority, agency or other body which, alone or jointly with others, decides on the purposes and means of the processing of personal data
data. The purposes and means of this processing are determined by theUnion or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
h) Processors
Processor is a natural or legal person, public authority, agencyor other body which processes personal data on behalf of the controller.
i) Recipient
The recipient is a natural or legal person, public authority, agency orother body to which personal data are disclosed, whether a third party or not. Authorities which, in the context of a
specific investigation mandate under Union law or the law of theMember States may receive personal data but shall not be considered recipients.
j) Third party
Third party is a natural or legal person, public authority, agency or otherBody other than the data subject, the controller, the processor and the persons under the direct authority of the controller
or the processor are authorised to process the personal dataprocess.
k) Consent
Consent is any consent given voluntarily by the data subject for a specific caseinformed and unambiguous indication of the will of the data subject in the form of a statement or other unambiguous affirmative act by which the
the data subject indicates that he or she consents to the processing of personal datapersonal data is agreed to.
2. Name and address of the controller
Person responsible within the meaning of the General Data Protection Regulation, otherThe data protection laws and other provisions of a data protection nature applicable in the Member States of the European Union are:
OSA Construction Machinery GmbH
Lower Cell 3
92263 Ebermannsdorf
Germany
Phone: 09438/941795
Email: info@osa-baumaschinen.de
Website: www.osa-baumaschinen.de
3. Cookies
The Internet pages of OSA Baumaschinen GmbH use cookies. Cookies areText files that are stored on a computer system via an Internet browser. Numerous Internet sites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier for the cookie. It consists of
from a character string through which Internet pages and servers are assigned to the specificInternet browser in which the cookie was stored. This enables the visited websites and servers to recognize the individual browser of the
data subject from other Internet browsers that contain other cookies.A specific Internet browser can be recognized and identified via the unique cookie ID. By using cookies, OSA Baumaschinen GmbH can provide 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
be optimized for the user. Cookies enable us, as already mentioned, toto recognize 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
enter their login details, because this is required by the website and theThe cookie stored on the user's computer system is another example. A shopping cart cookie in an online shop is another example. The online shop uses a cookie to remember the items that a customer has placed in the virtual shopping cart. The person concerned can prevent cookies from being set by our website at any time by making the appropriate settings in their browser, and can therefore permanently deny cookies. Cookies that have already been set can also be deleted at any time using an internet browser or other software programs. This is possible in all common browsers. If the person concerned deactivates cookies in the browser they are using, not all functions of our website may be fully available.
4. Collection of general data and information
The website of OSA Baumaschinen GmbH records each time the website is accessedby a data subject or an automated system, a series of general data and information. This general data and information is stored in the server's log files. The following may be recorded: (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 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 that may be used to avert danger in the event of attacks on our information technology systems.
serve.When using this general data and information, OSA Baumaschinen GmbH does not draw any conclusions about the person concerned. Rather, this information is required to (1) correctly deliver the contents of our website, (2) optimize the contents of our website and the advertising for it, (3) ensure the permanent
to ensure the functionality of our information technology systems and the technology of our website and (4) to provide law enforcement authorities with the information necessary for prosecution in the event of a cyber attack. This anonymously collected data and information is processed by OSA Baumaschinen GmbH
therefore evaluated statistically and with the aim of protecting data andincrease data security in our company in order to ultimately ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all data provided by a data subject.
personal data is stored.
5. Registration on our website
The data subject has the option of registering on the website of the controllercontroller by providing personal data. Which personal data is transmitted to the controller is determined from the respective input mask used for registration. The personal data entered by the data subject is collected and stored exclusively for internal use by the controller and for its own purposes. The controller may arrange for the data to be passed on to one or more processors, for example a parcel service provider, who also uses the personal data exclusively for internal use attributable to the controller. By registering on the controller’s website, the IP address assigned to the data subject by the Internet service provider (ISP), the date and time of registration are also stored. This data is stored against the background that this is the only way to prevent misuse of our services and, if necessary, this data enables crimes that have been committed to be solved. In this respect, the storage of this data is necessary to protect the controller. As a general rule, this data will not be passed on to third parties unless there is a legal obligation to do so or the transfer serves the purpose of criminal prosecution. The registration of the data subject with the voluntary provision of personal data serves the controller to provide the data subject with content or
To offer services which, due to their nature, are only available to registered userscan be offered. Registered persons are free to change the personal data provided during registration at any time or to have them completely deleted from the data stock of the controller. The controller will provide any data subject with information on request at any time about which personal data about the data subject is stored. Furthermore, the controller will correct or delete
personal data at the request or indication of the data subject, provided that there are no statutory retention periods to the contrary. The entire staff of the controller are available to the data subject as contact persons in this context.
6. Contact option via the website
The website of OSA Baumaschinen GmbH contains, due to legalRegulations information that enables quick electronic contact to our company as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the controller by e-mail or via a contact form, the personal data transmitted by the data subject are automatically stored. Such voluntary
Basis from a data subject to the controllerPersonal data transmitted will be stored for the purposes of processing or contacting the person concerned. This personal data will not be passed on to third parties.
7. Routine deletion and blocking of personal data
The controller processes and stores personal datato 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 another legislator in laws or regulations to which the controller is subject. If the storage purpose no longer applies or if a period of grace granted by the European legislator expires,
by a regulatory authority or other competent legislatorIf the storage period expires, the personal data will be blocked or deleted routinely and in accordance with legal requirements.
8. Rights of the data subject
a) Right to confirmation
Each data subject has the right granted by the European legislatorto obtain confirmation from the controller 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 contact an employee of the controller at any time.
b) Right to information
Any person affected by the processing of personal data has the right to object to the processingThe right granted by the European legislator to obtain from the controller at any time free information about the personal data stored about him or her and a copy of this information. Furthermore, the European legislator has granted the data subject access to the following information:
o the purposes of processing
o the categories of personal data being processed
o the recipients or categories of recipients to whom thepersonal data have been or will be disclosed, in particular to recipients in third countries or international organisations
o where possible, the envisaged period for which the personal data will be processedstored for a period of time or, if that is not possible, the criteria used to determine that duration
o the existence of a right to rectification or erasure of the personal dataconcerning personal data or to restrict processing by the controller or to object to such processing
o the existence of a right to lodge a complaint with a supervisory authority
o if the personal data were not collected from the data subjectAll available information about the origin of the data
o the existence of automated decision-making, includingProfiling pursuant to Article 22 (1) and (4) GDPR and — at least in these cases — meaningful information about the logic involved, as well as the scope and envisaged effects of such processing for the data subject. Furthermore, the data subject has the right to information as to whether personal data has been transferred to a third country or to an international organization. If this is the case, the data subject also has the right to receive information about the appropriate guarantees related to the transfer. If a data subject wishes to exercise this right to information, he or she can contact an employee of the controller at any time.
c) Right to rectification
Any person affected by the processing of personal data has the right to object to the processingThe right granted by the European legislator to request the immediate rectification of inaccurate personal data concerning him or her. Furthermore, taking into account the purposes of the processing, the data subject has the right to request the completion of incomplete personal data, also by means of providing a supplementary statement.
If a data subject wishes to exercise this right to rectification, he or she mayYou can contact an employee of the controller at any time.
d) Right to erasure (right to be forgotten)
Any person affected by the processing of personal data has the right to object to the processingThe right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay where one of the following grounds applies and to the extent that processing is not necessary:
o The personal data were collected for such purposes orother processing for which they are no longer necessary.
o The data subject withdraws his or her consent on which theProcessing pursuant to Art. 6 (1) (a) GDPR or Art. 9 (2) (a) GDPR, and there is no other legal ground for the processing.
o The data subject objects to processing pursuant to Art. 21 Para. 1 GDPRthe processing and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Art. 21 Para. 2 GDPR.
o The personal data were processed unlawfully.
o The deletion of personal data is necessary to fulfil a legal obligationObligation under Union or Member State law to which the controller is subject.
o The personal data were collected in relation to services offered byInformation society pursuant to Art. 8 Para. 1 GDPR. If one of the above reasons applies and a data subject wishes to request the erasure of personal data stored by OSA Baumaschinen GmbH, he or she may contact an employee of the controller at any time. The employee of OSA Baumaschinen GmbH will ensure that the erasure request is complied with immediately. If the personal data was made public by OSA Baumaschinen GmbH and our company is the controller pursuant to Art. 17
Paragraph 1 GDPR obliges the controller to delete personal data,OSA Baumaschinen GmbH shall, taking into account the available technology and the implementation costs, take appropriate measures, including technical ones, to inform other data controllers which process the published personal data that the data subject has requested the processing by such other data controllers.
Deletion of all links to this personal data or copies orhas requested replication of these personal data, unless processing is required. The employee of OSA Baumaschinen GmbH will be
take the necessary measures in individual cases.
e) Right to restriction of processing
Any person affected by the processing of personal data has the right to object to the processingThe right granted by the European legislator to obtain from the controller restriction of processing if one of the
the following conditions are met:
o The accuracy of the personal data is verified by the data subjectcontested, for a period enabling the controller to verify the accuracy of the personal data.
o The processing is unlawful, the data subject opposes the erasureof the personal data and instead requests the restriction of the use of the personal data.
o The controller needs the personal data for the purposesprocessing, but the data subject needs them to assert, exercise or defend legal claims.
o The data subject has objected to the processing pursuant to Art. 21Paragraph 1 GDPR and it is not yet clear whether the legitimate reasons of the controller override those of the data subject
predominate.If one of the above conditions is met and a data subject wishes to request the restriction of personal data stored by OSA Baumaschinen GmbH, he or she may
contact an employee of the controller at any time.Employees of OSA Baumaschinen GmbH will arrange the restriction of processing.
f) Right to data portability
Any person affected by the processing of personal data has the right to object to the processingThe right granted by the European legislator to receive personal data concerning him or her, which was provided by the data subject to
provided to the responsible person in a structured, common andmachine-readable format. He or she also has the right to transmit these data to another controller without hindrance from the controller,
the personal data were provided, provided that theProcessing is based on consent pursuant to Art. 6 Para. 1 Letter a GDPR or Art. 9 Para. 2 Letter a GDPR or on a contract pursuant to Art. 6 Para. 1 Letter b GDPR and the processing is carried out using automated procedures, unless the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller. Furthermore, in exercising his or her right to data portability pursuant to Art. 20 Para. 1 GDPR, the data subject has the right to have the 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 assert the right to data portability, the data subject may contact any employee of OSA Baumaschinen GmbH at any time.
g) Right to object
Any person affected by the processing of personal data has the right to object to the processingYou have the right granted by the European legislator to object at any time to processing of personal data concerning you which is based on Art. 6(1) e) or f) GDPR, for reasons related to your particular situation. This also applies to profiling based on these provisions. OSA Baumaschinen GmbH will no longer process the personal data in the event of an objection, unless we can demonstrate compelling legitimate grounds for the processing which outweigh the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims.
Does OSA Baumaschinen GmbH process personal data in order toIf the data subject objects to OSA Baumaschinen GmbH processing for direct marketing purposes, OSA Baumaschinen GmbH will no longer process the personal data for these purposes. In addition, the data subject has the right to object to the processing of personal data concerning him or her for reasons related to his or her particular situation at any time.
personal data that OSA Baumaschinen GmbH processesscientific or historical research purposes, or for statistical purposes pursuant to Art. 89 Para. 1 GDPR, unless the processing is necessary to perform a task carried out for reasons of public interest. To exercise the right to object, the data subject may contact any employee of OSA Baumaschinen GmbH or another employee directly. In addition, the data subject is free in the context of the use of information society services, notwithstanding Directive 2002/58/EC, to exercise his or her right of objection by automated means using technical specifications.
h) Automated decisions in individual cases, including profiling
Any person affected by the processing of personal data has the right to object to the processingThe right granted by the European legislator not to be subjected 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 fulfilling a contract between
between the data subject and the controller, or (2)by Union or Member State law to which the controller is subject and which provides for appropriate measures to
Safeguarding the rights and freedoms as well as the legitimate interests of the data subjectsPerson or (3) is made with the explicit consent of the data subject. If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the controller or (2) is made with
express consent of the person concerned, OSA BaumaschinenGmbH shall implement appropriate measures to safeguard the rights and freedoms and legitimate interests of the data subject, including at least the right
to obtain the intervention of a person on the part of the controller,to express his or her point of view and to contest the decision. If the data subject wishes to exercise rights with regard to automated decisions
she can contact an employee of the responsiblecontact the person responsible for processing.
i) Right to withdraw consent under data protection law
Any person affected by the processing of personal data has the right to object to the processingThe right granted by the European legislator to withdraw consent to the processing of personal data at any time.
If the data subject wishes to exercise his or her right to withdraw consentshe can contact an employee of the controller at any time.
9. Legal basis for processing
Art. 6 I lit. a GDPR serves as the legal basis for our companyProcessing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary to fulfil
of a contract to which the data subject is a party, asFor example, if processing operations are 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 that are necessary to carry out pre-contractual measures, for example in cases of enquiries about our products or services. Is our company subject to a legal obligation which requires the processing of personal data?
required, such as to fulfil tax obligations, the data is based onProcessing 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 details or other vital information had to be passed on to a doctor, hospital or other third party. In that case, the processing would 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 that are not covered by any of the aforementioned legal bases if the processing is necessary to safeguard a legitimate interest of our company or a third party, provided that the interests, fundamental rights and freedoms of the data subject do not override them. We are permitted to carry out such processing operations in particular because they were specifically mentioned by the European legislator. In this respect, he was of the opinion that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47, Sentence 2 GDPR).
10. Legitimate interests in processing,
by the controller ora third party If the processing of personal data is based on Article 6 I lit. f GDPR, our legitimate interest is the conduct of our business activities for the benefit of the
well-being of all our employees and our shareholders.
11. Period for which personal data will be stored
The criterion for the duration of storage of personal data is the respectivestatutory retention period. After expiry of the period, the corresponding data will be routinely deleted unless they are no longer required to fulfill or initiate a contract.
12. Legal or contractual provisions for the provision of personal data
Data; necessity for the conclusion of the contract; obligation of the data subjectPerson to provide the personal data; possible consequences of non-provision 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 for a contract to be concluded that a data subject provides us with personal data, which must subsequently be processed by us. The data subject
For example, a person is obliged to provide us with personal data ifour company concludes a contract with them. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Before providing personal data by the data subject, the data subject must contact one of our employees. Our employee will clarify to 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
is necessary to conclude 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.
13. Existence of automated decision-making
As a responsible company, we do not use automaticdecision-making or profiling.
This privacy policy was generated by the privacy policy generator of the DGDGerman Society for Data Protection GmbH, which acts as the external data protection officer in Leipzig, in cooperation with the data protection lawyer Christian Solmecke.