KOBRA FORMEN GMBH
As on: 01.09.2018
This is to inform you about the processing of your personal data by the KOBRA Group and your rights according to the Data Privacy Law.
The person in charge of the data processing is KOBRA Formen GmbH, Plohnbachstraße 01, 08485 Lengenfeld, Tel: 037606-3020, Email: info@kobragroup.com You can contact our Data Protection Officers under stefanie.schaarschmidt@kobragroup.com or our address with the addition “The Data Protection Officers”.
The processed categories of personal data include your contact details (such as title, first name, surname, middle names, address, (mobile) phone number, E-mail address), the contracting data (e.g. contact data of contact persons, contents of the contract, bank details) arising as a part of the initiation or execution of the contract) as well as other data from the contractual relationship. As a rule, your personal data is collected directly from you as a part of initiating the contract or during the execution of the contract. Your personal data is also collected at other places due to statutory provisions. In addition, we process personal data, which we have collected permissibly from publicly accessible sources (e.g. professional networks).
We process your personal data by observing the provisions of the General Data Protection Regulation (GDPR), of the Federal Data Protection Act (BDSG) and all other relevant laws. The data processing mainly helps to reason and fulfil a contractual relationship with you. The primary legal basis for the same is Art. 6 Section 1 b) GDPR. In addition, your separate consent can be used as the data protection regulatory approval pursuant to Art. 6 Section 1 a), 7 GDPR. We shall also process your data to be able to fulfil our legal obligations, particularly in the field of commercial and taxation law. This is done on the basis of Art. 6 Section 1 c) GDPR. Where required, we shall process your data on the basis of Art. 6 Section 1 f) GDPR, in order to protect the legitimate interests of us or of third parties (e.g. authorities). We will inform you beforehand if we need to process your personal data for a purpose other than those stated above.
Your personal data shall be provided only to those persons and job positions (e.g. specialised department, sales department) in our corporate group, who need it to fulfil our contractual and statutory obligations and/or perform data processing tasks centrally for the affiliated companies (e.g. IT Support). We disclose your personal data to third parties only with your legit permission pursuant to Art. 6 Section 1 lit. a) GDPR, the disclosure is essential according to Art. 6 Section 1 lit. f) GDPR for establishing, exercising or defending legal claims or for safeguarding our legitimate interests and there is no reason to assume that you have predominant legitimate interest in the non-disclosure of your data (e.g. courts, lawyers), for the case where a legal obligation exists for the disclose according to Art. 6 Section 1 lit. c) GDPR (e.g. revenue authorities) and as far as legally permissible and essential for the execution of the contractual relationship with you pursuant to Art. 6 Section 1 lit. b) GDPR (e.g. banks, logistics service providers). The disclosed data must be used by third parties only for the stated purposes.
You shall be entitled to demand information on your personal data processed by us according to Art. 15 GDPR. You can especially demand information on the processing purposes, the category of personal data, the categories of recipients to which your data has been or will be disclosed, the planned storage duration, the presence of a right to rectification, erasure, restriction of the processing or objection, the presence of a right to complaint, the origin of your data, if it has not been collected by us, and information on the presence of an automated decision-making including profiling and meaningful information on its details. You can demand the immediate rectification of incorrect or completion of your personal data saved with us in accordance with Art. 16 GDPR. You shall be entitled to demand the erasure of your personal data saved with us according to Art. 17 GDPR, if processing is not required for exercising the right to free expression and information, to fulfil a legal obligation, on the grounds of public interest or for establishing, exercising or defending legal claims. Art. 18 GDPR shall entitle you to demand the right to restriction of processing your personal data, provided that the accuracy of data is contested by you, the processing is unlawful, we no longer needs the personal data for the purposes of the processing, but they are required by you for the establishment, exercise or defence of legal claims; you have objected to the processing pursuant to Art. 21 GDPR. As per Art. 20 GDPR, you shall have the right to receive your personal data which you have provided to us, in a structured, commonly used and machine-readable format and have the right to transmit those data to another person in charge. As per Art. 7 Section 3 GDPR, you shall have the right to withdraw your consent at any time. This means that we will not be allowed to continue the data processing based on this consent in the future.
You shall have the right to object to the processing of your personal data for the purpose of direct marketing without stating the reasons. If we process your data for protecting our interests, then you can object to this processing on the grounds resulting from your particular situation. We will no longer process your personal data, unless we can prove legitimate reasons for the processing, which outweigh your interests, rights and freedoms or the processing helps to establish, exercise or defend legal claims.
Art. 77 GDPR shall allow you to lodge a complaint with a supervisory authority regarding the processing of your personal data by us, for example, with the responsible Data Protection Officers of Saxony, Bernhard-von-Lindenau-Platz 1, 01067 Dresden, Phone: 03 51 / 49 3-5401, E-Mail: saechsdsb@slt.sachsen.de.
We shall erase your personal data as soon as it becomes redundant for the aforementioned purposes. Your personal data shall be saved after the termination of the contractual relationship, as long as we are legally obligated for the same. This stems regularly from the legal burdens of proof and retention obligations, which are regulated in the Commercial Code and the Revenue Code. The retention periods are up to ten years. In addition, it may be possible that personal data is saved for the time in which claims can be asserted against us (statutory period of limitation of three or up to thirty years).
We currently do not intend to transmit your personal data to a third country or to an international organisation. Should we transmit personal data to service providers or allied companies outside the European Economic Area (EEA), then it is transmitted only if the EU Commission has qualified the third country to have an appropriate data protection level or if other appropriate data protection guarantees are present (e.g. binding in-house Data Protection Legislations or EU standard contract clauses).
You must provide that personal data to us, which is required for reasoning and executing a contractual relationship and for fulfilling the associated contractual obligations or for the collection of which we are legally obligated. Without this data, we shall not be able to conclude and execute the contract with you.