THE OFFEN GROUP CPO HOLDING (GMBH & CO.) KG DATA PRIVACY POLICY

Below you will find the data protection information for the website https://offengroup.de/.

CPO Holding (GmbH & Co.) KG

Data protection information

CPO Holding (GmbH & Co.) KG
Bleichenbrücke 10
D-20354 Hamburg
Germany
Phone: +49 40 34843-0
Fax: +49 40 34843-170
Email: info@offengroup.de

You can contact our Data Protection Officer at

Thilo Noack
SharedIT Professional GmbH & Co. KG
Saebystraße 17a
24576 Bad Bramstedt
Email: thilo.noack@sharedit-pro.de

For the assertion of rights within the framework of data protection issues or for questions regarding usage, collection or processing of your personal data, please contact: frontdesk@offengroup.de

1. Safety and protection of your personal data

We consider it our primary responsibility to maintain the confidentiality of the personal data you provide and to protect it from unauthorised access. We therefore apply great care and security standards to ensure that your personal data is protected.
As a company under private law, we are subject to the provisions of the GDPR and the regulations of the 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.

2. Definitions

The legislator requires that personal data be processed lawfully, fairly and in a way that is comprehensible to the data subject („lawfulness, fairness, transparency“). To ensure this, we inform you about the individual legal definitions that are also used in this data protection notice::

a) Personal data

„personal data“ shall mean any information relating to an identified or identifiable natural person (hereinafter referred to as „data subject“); an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, a location data, an on-line identifier, or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person

b) Processing

„Processing“ means any operation or set of operations, performed upon personal data, whether or not by automatic means, such as collection, recording, organisation, organisation, filing, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

c) Restriction of processing

„Restriction of processing“ means the marking of stored personal data with a view to restricting their processing in the future

d) Profiling

„profiling“ means any automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular with a view to analysing or predicting aspects relating to the performance of work, economic situation, health, personal preferences, interests, reliability, conduct, location or movement of that natural person

e) Pseudonymization

„Pseudonymisation“ means the processing of personal data in such a way that the personal data cannot be traced back to a specific data subject without the inclusion of additional information, provided that this additional information is kept separately and is subject to technical and organisational measures which ensure that the personal data cannot be traced back to an identified or identifiable natural person.

f) File system

„Filing system“ means any structured collection of personal data accessible according to specific criteria, whether centralised, decentralised or organised according to functional or geographical criteria.

g) Controller

„controller“ means any 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 national law, provision may be made for the controller or for the specific criteria for his or her designation in accordance with Union or national law

h) Processor

„processor“ means any natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller

i) Recipient

„recipient“ means any natural or legal person, public authority, agency, body or other body to whom personal data are disclosed, whether or not that person is a third party. However, authorities which may receive personal data in the course of a specific investigation carried out pursuant to Union law or the law of the Member States are not considered to be recipients; the processing of such data by those authorities is carried out in accordance with the applicable data protection rules and in accordance with the purposes of the processing.

j) Third party

„third party“ means any natural or legal person, public authority, agency or any other body, other than the data subject, the controller, the processor and the persons who, under the direct authority of the controller or the processor, are authorised to process the personal data

k) Consent

„Consent“ of the data subject means any freely given specific, informed and unequivocal expression of his or her wishes in the form of a declaration or other unequivocal affirmative act by which the data subject signifies his or her agreement to the processing of personal data relating to him or her.

3. Lawfulness of processing

The processing of personal data is lawful only if there is a legal basis for the processing. In accordance with Article 6 paragraph 1 of 1lit. a – f GDPR, the legal basis for processing may be, in particular

  • The data subject has given his or her consent to the processing of personal data concerning him or her for one or more specified purposes;
  • the processing is necessary for the performance of a contract to which the data subject is party or in order to implement pre-contractual measures taken at the request of the data subject;
  • the processing is necessary for compliance with a legal obligation to which the controller is subject
  • the processing is necessary in order to protect the vital interests of the data subject or of another natural person
  • 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
  • the processing is necessary in order to protect 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
  • protection of personal data, especially if the person concerned is a child.
4. Information about the collection of personal data

In the following we provide information about the collection of personal data when using our website. Personal data are e.g.  B. Name, address, e-mail addresses, user behaviour.
Collection of personal data when you visit our website When you use our website for information purposes only, i.e. if you do not register or otherwise provide us with information, we only collect the personal data that your browser sends 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 and to ensure its stability and security

  • IP address
  • Date and time of request
  • Time zone difference from Greenwich Mean Time (GMT)
  • Content of the request (concrete page)
  • Access status/HTTP status code
  • Amount of data transmitted in each case
  • Website from which the request comes
  • Browser
  • Operating system and its interface
  • Language and version of your browser software

After a technical evaluation, this data is deleted immediately. In accordance with Art. 6 para. 1 sentence 1 letter f GDPR, this data collection serves to safeguard our legitimate interests in a secure and correct presentation of our offer, which outweigh the interests of the parties involved.

5. Use of cookies

Cookies are small text files that are stored on your hard drive in accordance with the browser you are using and through which certain information flows to the site that sets the cookie. We currently do not use cookies on our websitehttps://offengroup.de.

6. Use of Microsoft AZURE North Europe

Amongst others, we use Microsoft AZURE North Europe (a cloud-providing supplier) for the operation of our website. Microsoft AZURE North Europe is an isolated AZURE entity in North Europe. In this context, all customer data, the corresponding applications and the hardware remain in North Europe.

Based on the contract concluded with Microsoft AZURE North Europe, we are only allowed to process the user data in the cloud supposed a legal permission exists. In case of cloud-services, a permission results from the legitimacy of order processing pursuant to Article 28 GDPR the conditions of which Microsoft AZURE North Europe reflected in the underlying contracts.

Thus, being the customer of Microsoft AZURE North Europe, we shall remain the body responsible for the processing of personal data, and Microsoft AZURE North Europe shall act as processor of personal data. Hence, Microsoft AZURE North Europe processes the personal data based on documented instructions, only. In this regard, the duration of processing shall run throughout the period we are entitled to use the online service Microsoft AZURE North Europe. After termination of the use, all personal data would be deleted or returned. Nature and purpose of processing is the provision of the online service in application of the customer’s Volume License Agreement.

7. Contacting

If you contact us by e-mail, the data you provide (your e-mail address, your name and your telephone number if applicable) will be stored by us in order to answer your questions. We delete the data arising in this connection after the storage is no longer necessary, e.g. when your request has been dealt with. Otherwise the processing will be restricted if there are legal obligations to retain data.

The legal basis for this is Art. 6 para. 1 sentence 1 lit. a and b GDPR

8. Rights of the data subject
a) Revocation of consent

If the processing of personal data is based on a granted consent, you have the right to revoke this consent at any time. Revocation of consent does not affect the lawfulness of the processing carried out on the basis of consent until revocation.

You can contact us at any time to exercise your right of withdrawal.

b) Right to Confirmation

You have the right to request confirmation from the data controller as to whether we are processing personal data concerning you. You can request such confirmation at any time by contacting us at the contact details given above.

c) Right of information

If personal data is processed, you can request information about this personal data and about the following information at any time:

  • the processing purposes;
  • the categories of personal data being processed;
  • the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular to recipients in third countries or to 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 this duration;
  • the existence of a right of rectification or erasure of personal data concerning you or of a right of opposition to or limitation of processing by the controller
  • 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 about the logic involved and the scope and intended effects of such processing on the data subject

If personal data is transferred to a third country or to an international organisation, you have the right to be informed of the appropriate guarantees in accordance with Article 46 GDPR in connection with the transfer. We will provide a copy of the personal data that is the subject of the processing. We may charge a reasonable fee for any further copies you request of personal data on the basis of administrative costs. If you make the request electronically, the information must be provided in a standard electronic format, unless the request states otherwise. The right to receive a copy in accordance with paragraph 3 must not prejudice the rights and freedoms of others.

d) Right of Rectification

You have the right to ask us to correct any inaccurate personal data concerning you without 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.

e) Right of cancellation („right to be forgotten“)

You have the right to demand that the person responsible for your personal data be deleted immediately and we are obliged to delete personal data immediately if one of the following reasons applies:

  • The personal data are no longer necessary for the purposes for which they were collected or otherwise processed.
  • The data subject withdraws the consent on which the processing was based under Article 6(1)(a) or Article 9(2)(a) of the GDPR and there is no other legal basis for the processing.
  • The data subject lodges an objection to the processing in accordance with Article 21 paragraph 1 GDPR and there are no overriding legitimate reasons for the processing, or the data subject lodges an objection to the processing in accordance with Article 21 paragraph 2 GDPR.
  • Personal data were processed unlawfully.
  • The deletion of 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 were collected in relation to information society services offered in accordance with Article 8 paragraph 1 of the GDPR.

Where the controller has made the personal data public and is obliged to delete them in accordance with paragraph 1, he shall take reasonable measures, including technical measures, taking into account available technology and implementation costs, to inform data controllers who process the personal data that a data subject has requested them to delete all links to those personal data or to make copies or replications of those personal data.

The right of cancellation („right to be forgotten“) does not apply insofar as the processing is necessary:

  • on the exercise of the right to freedom of expression and information;
  • in order to comply with a legal obligation requiring processing under Union or national law to which the controller is subject or in order to perform a task carried out in the public interest or in the exercise of official authority vested in the controller;
  • for reasons of public interest in the field of public health, in accordance with Article 9(2)(h) and (i) and Article 9(3) of the GDPR;
  • for archiving, scientific or historical research purposes in the public interest or for statistical purposes pursuant to Article 89 paragraph 1 of the GDPR, insofar as the law referred to in paragraph 1 is likely to render impossible or seriously harm the attainment of the objectives of such processing, or
  • to assert, exercise or defend legal claims.
f) Right to restrict processing

You have the right to ask us to limit the processing of your personal data if one of the following conditions is met:

  • the accuracy of the personal data is contested by the data subject, for a period of time which allows the controller to verify the accuracy of the personal data
  • the processing is unlawful and the data subject refuses to have the personal data deleted and instead requests that the use of the personal data be restricted;
  • the controller no longer needs the personal data for the purposes of the processing, but the data subject needs them for the purpose of exercising or defending legal claims, or
  • the data subject has lodged an objection to the processing in accordance with Article 21 paragraph 1 GDPR as long as it has not yet been established whether the legitimate reasons of the controller outweigh those of the data subject.

Where processing has been restricted in accordance with the above conditions, such personal data, apart from being stored, shall not be processed except with the consent of the data subject or for the purpose of asserting, exercising or defending legal claims or protecting the rights of another natural or legal person or on grounds of an important public interest of the Union or of a Member State.

In order to exercise the right to limit the processing, the data subject may contact us at any time at the contact details given above.

g) Right to data transferability

You have the right to receive the personal data concerning you that you have provided us in a structured, common and machine-readable format and you have the right to transfer this data to another responsible party without hindrance from the responsible party to whom the personal data was provided, provided that

  • the processing is based on a consent pursuant to Article 6 paragraph 1 letter a or Article 9 paragraph 2 letter a or on a contract pursuant to Article 6 paragraph 1 letter b GDPR and
  • the processing is carried out by means of automated procedures.

When exercising the right to transfer data in accordance with paragraph 1, you have the right to obtain that personal data be transferred directly from one controller to another controller, as far as technically feasible. Exercising the right to data transferability is without prejudice to the right of deletion („right to be forgotten“). This right does 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.

h) Right of Objection

You have the right to object at any time, for reasons arising from your particular situation, to the processing of personal data concerning you which is carried out on the basis of Article 6 paragraph 1 letters e or f of the GDPR, including profiling based on these provisions. The controller will no longer process the personal data unless he can demonstrate that there are compelling legitimate reasons for processing which outweigh the interests, rights and freedoms of the data subject or that the processing is necessary for the exercise or defence of legal claims.

Where 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 relating to you for the purpose of such marketing, including profiling, insofar as it relates to such direct marketing. If you object to processing for the purposes of direct marketing, your personal data will no longer be processed for those purposes.

In the context of the use of Information Society services, and without prejudice to Directive 2002/58/EC, you may exercise your right of objection by means of automated procedures involving 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 the purposes of scientific or historical research or for statistical purposes, as referred to in Article 89(1), except where such processing is necessary for the performance of a task carried out in the public interest.

You can exercise your right of objection at any time by contacting the person responsible.

i) Automated case-by-case decisions including profiling

You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects in relation to you or significantly affects you in a similar way. This does not apply if the decision:

  • is necessary for the conclusion or performance of a contract between the data subject and the controller,
  • is authorised by Union or national legislation to which the controller is subject and that legislation provides for appropriate measures to safeguard the rights and freedoms and legitimate interests of the data subject, or
  • with the express consent of the person concerned.

The controller shall take 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 the controller, to express his point of view and to challenge the decision.

The data subject may exercise this right at any time by contacting the person responsible.

j) Right of appeal to a supervisory authority

They also have, without prejudice to any other administrative or judicial remedy, the right to complain to a supervisory authority, in particular in the Member State in which they are resident, in their place of employment or in the place where the alleged infringement occurs, if the data subject considers that the processing of personal data relating to them is being carried out in breach of this Regulation.

k) Right to an effective judicial remedy

Without prejudice to any available administrative or extrajudicial remedy, including the right to appeal to a supervisory authority under Article 77 of the GDPR, they have the right to an effective judicial remedy if they consider that their rights under this Regulation have been infringed as a result of their personal data being processed in breach of this Regulation.

9. Children

Our offer is basically aimed at adults. Persons under 18 years of age should not transmit personal data to us without the consent of their parents or legal guardians.

10. Data protection information for applicants

We are pleased that you are interested in us and that you have applied or are applying for a position in our company. In the following we would like to provide you with information on the processing of your personal data in connection with your application.

11. Which of your data are processed by us? And for what purposes?

We process the data that you have sent us in connection with your application in order to check your suitability for the position (or other open positions in our company, if applicable) and to carry out the application procedure.

12.What is the legal basis for this?

The legal basis for the processing of your personal data in this application procedure is primarily Art. 6 Para. 1 S.1 lit. b, Art. 88 Para. 1 Data Protection Basic Regulation in connection with § 26 BDSG in the version valid from 25.05.2018. According to this, the processing of data required in connection with the decision to establish an employment relationship is permissible. Should the data be required for legal prosecution after the application procedure has been completed, data processing may be carried out on the basis of the requirements of Art. 6 GDPR, in particular to safeguard legitimate interests in accordance with Art. 6 Para. 1 letter f) GDPR. Our interest then consists in the assertion or defence of claims.

13. How long will the data be stored?

Applicants‘ data will be deleted after 6 months in the event of rejection. In the event that you have agreed to further storage of your personal data, we will transfer your data to our pool of applicants. There the data will be deleted after two years.
If you have been awarded a job during the application process, the data will be transferred from the applicant data system to our personnel information system.

14. To which recipients will the data be forwarded?

After receipt of your application, your applicant data will be reviewed by the personnel department of the person responsible (see above) and the respective group company of the advertised position. Suitable applications are then forwarded internally to the departmental managers for the respective vacant position. The further procedure is then coordinated. Within the company, only those persons who need access to your data for the proper course of our application procedure have access to your data.

15. Where will the data be processed?

The data is processed exclusively in computer centres in the North Europe.