Privacy

With the following information we would like to provide you with an overview of how we process your personal data and of your rights under the data protection law. Personal data, for example, name, contact details, or position of a person concerned are required for communication purposes, an exchange of information and services as well as other purposes related to an already existing business relationship.

First and foremost, we as Harold Scholz & Co. GmbH take the protection of your data very seriously. Which data are processed specifically and the way in which they are used is governed by the services requested by you and/or agreed with you. Therefore, not all parts of this information will apply to you.

1. Rights of persons concerned; i.e. Which rights do I have as a data subject?

All data subjects have the right of access to their personal data according to Art. 15 of the GDPR, the right to rectification according to Art. 16 of the GDPR, the right to erasure according to Art. 17 of the GDPR, the right to restriction of processing according to Art. 18 of the GDPR, the right to object according to Art. 21 of the GDPR, and the right to data portability under Art. 20 of the GDPR. The restriction pursuant to §§ 34 and 35 of BDSG apply to the right of access and the right to erasure. Furthermore, the user has the right to lodge a complaint with the responsible data protection supervisory authority (Art. 77 of the GDPR in conjunction with § 19 of the BDSG). You may at any time withdraw the consent given to us for the processing of personal data. This also applies to the withdrawal of declarations of consent given to us prior to the date of entry into force of the GDPR, i.e. before 25th of May 2018. Please note that the withdrawal will only become effective in the future. This does not affect the processing of data which took place prior to the withdrawal. In this regard, please feel free to contact our data protection officer.

Minors

Generally, our website and our range of products and services are not addressed to any person under the age of 16. We do not process any information of persons of whom we know that they are under 16 years old without prior verifiable consent of a legal custodian. Upon request, the legal custodians have the right to access the information provided by the child or can ask for deletion.

Do I need to provide my personal data?

In the scope of our business relationship you shall provide those personal data which are required for establishing and performing a business relationship and the fulfilment of associated contractual obligations or which we collect due to legal obligations. Without these data, we generally will have to refuse the conclusion of a contract or the execution of an order or will no more be able to execute an existing contract and must terminate the same, if necessary.

Is there any automated decision-making?

No. At present, we do not use any automated decision-making according to Art. 22 of the GDPR for establishing and performing a business relationship. Profiling does not take place.

2. Information about your right to object according to Art. 21 of the GDPR

Right of objection related to an individual case
For reasons relating to your particular situation, you have the right to object at any time to the processing of your personal data which is based on Art, 6 (1) (e) of the GDPR (data processing in the public interest) and Art. 6 (1) (f) of the GDPR (data processing for the purpose of legitimate interest); this also includes profiling based on those provisions within the meaning of Art. 4 (4) of the GDPR. If you exercise your right of objection, we will no longer process your personal data, unless we are able to prove compelling legitimate reasons for the processing, which override your interests, rights, and freedoms, or prove that the processing serves the assertion, exercise, or defence of legal claims.

Right of objection against processing of data for direct marketing purposes
In individual cases, we may process your personal data for direct marketing purposes. You have the right to object at any time to the processing of your personal data for such marketing purposes; this also includes profiling, where related to such direct marketing. If you object to processing for direct marketing purposes, we will no longer process your personal data for such purposes.

Where to direct the objection
The objection may be submitted, without any requirements as to form, indicating "objection" and stating your name and your address, to the following e-mail address: datenschutz@harold-scholz.de.

3. Who is responsible for data processing and whom to contact?

Responsible for data processing is:

Harold Scholz & Co. GmbH
Ickerottweg 30
45665 Recklinghausen
Tel.: +49 2361 9888-0

If you should make use of your rights stated in point 1 or if you should have any further question on data protection at Harold Scholz & Co. GmbH, you may contact our company's data protection officer at above-mentioned address (with reference to DATA PROTECTION) or at the following e-mail address: datenschutz@harold-scholz.de.

Persons affected may file a complaint with the supervisory authority of their state or country. You will find the contact data of the German data protection commissioners under the following link: https://www.bfdi.bund.de

The competent supervisory authority concerning our company is:

Landesbeauftragte für Datenschutz und Informationsfreiheit
Postfach 20 04 44
40102 Düsseldorf

4. Which sources and data do we use?

We process personal data which we obtain:

  • from customers, applicants, or interested parties (collectively "YOU") when using our website;

  • in connection with registration processes or data personally provided, for example, by handing over a business card, by the company, for example, if contact details of the person in charge are provided.

5. What do we process your data for (purpose of processing) and on which legal basis?

Our data processing is in accordance with the applicable law, in particular, with the provisions of the General Data Protection Regulation (GDPR) of the European Union and the German Federal Data Protection (BDSG - Bundesdatenschutzgesetz), as amended.

We process your data

a) for the fulfilment of contractual obligations (Art. 6 (1) (b) of the GDPR)

The processing of data takes place for the performance of contracts with you as our customer or in order to take steps prior to entering into a contract, including:

  • Processing of transactions, for example, payments, invoicing, and contract management

  • logistics / transportation

  • communication, for example, to clarify specific questions or dates/deadlines and to exchange information.

b) in the context of weighing of interests (Art. 6 (1) (f) of the GDPR)

To the extent necessary, we are allowed to process your data still beyond the actual fulfilment of the contract in order to safeguard our legitimate interests or those of third parties. For example:

  • Reviewing and optimising of procedures for a demand analysis for the purpose of direct client contacts;

  • Advertising or market and opinion research, unless you have objected to the use of your data;

  • Asserting any legal claims and in defence in the event of any legal disputes;

  • Measures regarding business management as well as further development of services and products;

  • Complaint management.

c) based on your consent (Art. 6 (1) (a) of the GDPR)

Where you have granted us consent to the processing of your personal data for specific purposes (e.g., marketing purposes), such processing is lawful on the basis of your consent.

d) based on legal requirements (Art. 6 (1) (c) of the GDPR) or in the public interest (Art. 6 (1) (e) of the GDPR)

Moreover, we are subject to various legal obligations, that is to say legal requirements (e.g., tax laws). Purposes of processing include control and reporting obligations in relation to tax law and much more.

e) in the context of the establishment of employment relationships (Art. 88 of the GDPR in conjunction with § 26 (1) of the BDSG)

Provided that you send us an application, processing of your personal data is allowed.

Data transfer

In compliance with statutory provisions and the existing internal regulations, the data required for the respective purpose may be transferred to internal and external bodies in the following cases:

Business purposes

- to service providers/order processors (forwarding companies/market research companies

Obligation to notify and to give information

- to public authorities and other governmental bodies

Clarification of claims and accusations

- to lawyers, courts and other governmental bodies and public authorities.

For the purpose of processing orders, personal data may be transferred to commercial partners within the European Economic Area (EEA) as well as Switzerland. The European Commission considers the level of data protection in Switzerland as adequate.

Data storage
Your data are only kept as long as they are needed for the respective purpose and as this is necessary to fulfil the regulatory requirements, normally for the duration of the respective contractual relationship including an applicable statutory retention period, if any. As a rule, personal data of business partners will be deleted ten (10) years after the last contact date. In case of other persons, visitors or newsletter subscribers, for example, the data will be deleted five (5) years after the last contact date or upon request. The deletion of data takes place within a deletion routine defined by the process owners. Further information on the deletion of personal data collected by us through our website is given under 6.1 to 6.4 of this privacy statement.

For any questions about the scope, the consent or the deletion of your data as well as requests for information please contact the data protection officer (address see above).

6. What does this mean specifically with regard to providing this Website as well as the associated services?

6.1 Provision of the website and creation of log files

Every time you visit our internet site, our system automatically collects data and information from the computer system of the calling computer. In this process, the following data are collected:

  • (1) information about the browser type and the version used
  • (2) the user's operating system
  • (3) the internet service provider of the user
  • (4) the user's IP address
  • (5) date and time of access
  • (6) websites from which the user's system get access to our internet site
  • (7) websites accessed by the user's system via our website

Such data are also stored in the log files of our system. This does not apply to the user's IP address or other data allowing the assignment of the data to a user. These data are not stored together with other personal data of the user.

The legal basis for the temporary storage of data is Art. 6 (1) (f) of the GDPR.

Temporary storage of the IP address by the system is necessary in order to enable the website to be delivered to the computer of the user. For this purpose, the IP address of the user must remain stored for the duration of the session. These purposes constitute our legitimate interest in the processing of data in accordance with Art. 6 (1) (f) of the GDPR.

The data are erased as soon as they are no longer necessary to achieve the purpose for which they were collected. In case of the collection of data for the provision of the website, this is the case when the respective session has been terminated.

The collection of data for the provision of the website and the storage of data in log files is absolutely essential for the operation of the internet site. Consequently, the user has no possibility to raise an objection in this regard.

6.2 Contact form and contact by e-mail

Our website includes a contact form which you can use for contacting us electronically. If you make use of this option, the data entered in the contact form will be transmitted to us and stored. This applies to the following data:

  • (a) company name
  • (b) name
  • (c) street
  • (d) zip-code
  • (e) city
  • (f) country
  • (g) phone
  • (h) fax
  • (i) e-mail
  • (j) industry
  • (k) interest in

At the time of registration, the following data are stored additionally:

(a) the user's IP address

(b) date and time of registration

We obtain your consent for the processing of your data during the dispatch process, referring to this privacy statement.

Alternatively, you can contact us by the e-mail address provided. In this case, the personal data transmitted with your e-mail are stored. The data obtained are used for the purpose of the conversation exclusively. Legal basis for processing the data is Art. 6 (1) (f) of the GDPR provided that consent has been given. The legal basis for the processing of data that is transmitted when sending an e-mail is Art. 6 (1) (f) of the GDPR. If the contact by e-mail aims at the conclusion of a contract, Art. 6 (1) (b) of the GDPR is secondary legal basis for the processing of data.

The processing of personal data given in the contact form serves the sole purpose of contacting you. If you contact us by e-mail, it also constitutes our legitimate interest in the necessary processing of such data. Any other personal data processed during the dispatch process serve the purpose of preventing any fraudulent use of our contact form and ensuring the security of our information technology systems.

The data are deleted once they are no longer required for achieving the purpose of their collection.

Regarding personal data received from the input mask of the contact form and those data transmitted by e-mail, this applies as soon as the respective conversation with you as user has been terminated. This is the case, if it is clear from the circumstances that the subject matter concerned has been clarified conclusively. The additional personal data collected in the dispatch process will be deleted after a period of seven (7) days at the latest.

You have the option to withdraw your consent given for the processing your personal data at any time. If you get in touch with us by e-mail, you can object the storage of your personal data at any time. In such a case, it is however not possible to continue the conversation with you.

In this case, all personal data stored when contacting us will be deleted.

6.3 Applicant management

You would like to apply for a job with us? We look forward to receiving your application by e-mail. We process the personal data provided by you as part of our applicant management for the initiation of an employment relationship in compliance with Art. 88 of the GDPR in conjunction with § 26 (1) of the BDSG. Alternatively, collective agreements (group, overall, and company agreements as well as collective labour agreements) may apply in accordance with Art. 88 of the GDPR in conjunction with § 26 (4) of the BDSG as well as consents given (e.g., for photographs) in accordance with Art. 88 of the GDPR in conjunction with § 26 (2) of the BDSG. In individual cases, the processing of your data is necessary for the purpose of our legitimate interest, e.g., for intercompany data exchange related to administrative purposes (Art. 6 (1) (f) of the GDPR in conjunction with recital 48).

To the extent that personal data of special categories (e.g., severe disability) are processed, this is done on the basis of Art. 88 of the GDPR in conjunction with § 26 (3) of the BDSG. The processing of health-related data can be necessary for the purposes of an assessment of the working capacity in according with Art. 9 (2) (h) of the GDPR in conjunction with § 22 (1) (b) of the BDSG.

We process your personal data as long as they are necessary for fulfilling the purpose of data processing or performing legal, contractual, or statutory obligations. The data will be deleted afterwards and/or their processing will be restricted. Your personal data will be stored until completion of the application procedure as well as for the following three (3) years. In the event that we take your application into account for a job, you will receive specific information about the storage of your personal data in the context of employment.

Moreover, you are of course free to withdraw your application at any time. In this case, your data would also be deleted insofar as they are no longer necessary for achieving the purpose of their collection. For this purpose, just send us an e-mail with the corresponding content. It is also possible to withdraw any consent given for data processing at any time.

6.4 YouTube

The online service of this website includes YouTube videos which are recorded on www.YouTube.com and can be played from our website directly.

When visiting this website, YouTube gets the information that you have called up the respective page of our website. For further information on the purpose and scope of data collection and the processing of the same by YouTube please refer to the privacy policy. There you will also find more information on your rights and setting options to protect your privacy: www.google.com/intl/com/policies/privacy. Google processes your personal data in the USA too and has submitted to the EU-U.S. Privacy Shield (see https://www.privacyshield.gov/EU-US-Framework).

6.5 Google Web Fonts

This website uses so-called Web Fonts provided by Google in order to ensure a uniform presentation of fonts. When visiting a page, your browser will load the Web Fonts needed into your browser cache so as to display texts and fonts correctly.

For this purpose, your browser will have to establish a connection to the servers of Google. As a result, Google will learn about the fact that your IP address has been used to access our website. We use Google Web Fonts to ensure a uniform and appealing presentation of our online services. This constitutes our legitimate interest within the meaning of Art. 6 (1) (f) of the GDPR.

If your browser does not support Web Fonts, your computer will use a standard font.

7. Further information

Please contact our data protection officer for any information required which is not included in this privacy statement or if you wish further information on particular subjects. Our data protection officer will be glad to assist you.