Data protection

1. Information on personal data

(1) In the following we inform you about the collection of personal data when using our website. Personal data are all data that can be related to you personally, e.g. B. Name, address, email addresses, user behavior.

(2) The person responsible in accordance with Article 4 (7) of the General Data Protection Regulation (GDPR) is:

Neander Motors AG

Werftbahnstrasse 8

24143 Kiel

Germany

Phone: +49 (0) 431 – 22 13 97 10

(3) When you contact us by e-mail, the data you provide (your e-mail address, possibly your name and telephone number) will be saved by us in order to answer your questions. We delete the data that arises in this context after the storage is no longer required, or we restrict the processing if there are statutory retention requirements.

(4) If we use contracted service providers for individual functions of our offer or would like to use your data for advertising purposes, we will inform you in detail below about the respective processes.

2. Your rights

(1) You have the following rights vis-à-vis us with regard to your personal data:

  • Right to information,
  • Right to correction or deletion,
  • Right to restriction of processing,
  • Right to object to processing,
  • Right to withdraw consent to processing if you have given your consent
  • Right to data portability.

(2) You also have the right to complain to a data protection supervisory authority (see below) about the processing of your personal data.

3 . Collection of personal data when you visit our website

(1) If you only use the website for informational purposes, i.e. if you do not register or otherwise provide us with information, we only collect the personal data that your browser transmits to our server. If you want 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:

  • IP address
  • Date and time of the request
  • Time zone difference to Greenwich Mean Time (GMT)
  • Content of the request (specific page)
  • Access status / HTTP status code
  • amount of data transferred in each case
  • Website from which the request came
  • Browser
  • Operating system and its interface
  • Language and version of the browser software.

The storage period is 14 days. The legal basis is Article 6, Paragraph 1, Sentence 1, Letter f of the GDPR; Our legitimate interest is to ensure the stability and security of our systems.

(2) In addition to the aforementioned data, cookies are stored on your computer when you use our website. Cookies are small text files that are stored on your hard drive and assigned to the browser you are using and through which certain information flows to the place that sets the cookie

(3) Use of cookies:

a) This website uses the following types of cookies, the scope and functionality of which are explained below:

  • Transient cookies (see b)
  • Persistent cookies (see c).

b) Transient cookies are automatically deleted when you close the browser. This includes in particular the session cookies. These store a so-called session ID, with which various requests from your browser can be assigned to the common session. This allows your computer to be recognized when you return to our website. The session cookies are deleted when you log out or close the browser.

c) Persistent cookies are automatically deleted after a specified period, which can differ depending on the cookie. You can delete the cookies at any time in the security settings of your browser.

d) You can configure your browser settings according to your wishes and z. B. reject the acceptance of third-party cookies or all cookies. We would like to point out that you may not be able to use all functions of this website.

e) We use cookies in order to be able to identify you for subsequent visits. Otherwise you would have to log in again for each visit.

We use a consent manager to provide legally compliant information and to query your preferences.

This serves to comply with the legal obligations to provide evidence, such as B. the storage of the consent or, if you do not consent, the non-consent.

Use of Consent Manager Borlab

We use “Borlab”, with this manager we inform you about the use of cookies on our website and enable you to make a decision about their use.

If you give your consent to the use of cookies, the following data is automatically logged by Borlabm:

  • The anonymized IP number of the user;
  • The date and time of consent;
  • User agent of the end-user’s browser;
  • The URL of the provider;
  • An anonymous, random and encrypted key.
  • The approved cookies of the user (cookie status), which serves as proof of consent.

The encrypted key and the cookie status are stored on the user’s device using a cookie in order to establish the corresponding cookie status when the page is accessed in the future. This cookie is automatically deleted after 12 months.

The legal basis for using the Consent Manager is Article 6 Paragraph 1 f GDPR (weighing of interests) in conjunction with Article 6 Paragraph 1 c GDPR (obligation to provide evidence).

Borlab offers further information under this link: https://de.borlabs.io

4. Integration of services

We use the third-party services listed below on our website.

Matomo

This website uses Matomo if you have given your consent in the Consent Manager. Matomo is an open source software tool for web analysis. Web analysis is the collection, collection and evaluation of data on the behavior of visitors to Internet pages. A web analysis tool collects, among other things, data on the website from which a data subject came to a website (so-called referrer), which sub-pages of the website were accessed or how often and for how long a sub-page was viewed. A web analysis is mainly used to optimize a website and for a cost-benefit analysis of internet advertising.

The software is operated on the server of the person responsible for processing; the log files, which are sensitive under data protection law, are stored exclusively on this server.

The purpose of the Matomo component is to analyze the flow of visitors to our website. The person responsible for processing uses the data and information obtained, among other things, to evaluate the use of this website in order to compile online reports showing the activities on our website.

Matomo places a cookie on the information technology system of the person concerned. What cookies are has already been explained above. The setting of the cookie enables us to analyze the use of our website. Every time one of the individual pages of this website is called up, the Internet browser on the information technology system of the person concerned is automatically prompted by the Matomo component to transmit data to our server for the purpose of online analysis. As part of this technical process, we gain knowledge of personal data, such as the IP address of the person concerned, which, among other things, enables us to understand the origin of the visitors and clicks.

The cookie is used to store personal information, such as the access time, the location from which access was made and the frequency of visits to our website. Each time you visit our website, this personal data, including the IP address of the internet connection used by the person concerned, is transferred to our server. These personal data are stored by us. We do not pass this personal data on to third parties.

The legal basis for the data processing is § 15 TMG Abs. 3 3 in connection with Art. 5 Abs. 3 of the e-Privacy-Directive 2002/58 / EG. You grant us the necessary consent via the consent you may have given on the cookie notice banner by selecting the “Statistics” opt-in.

Further information and the applicable data protection provisions of Matomo can be found under the following link:

5.  Subscription to our newsletter

We give users the opportunity to subscribe to our newsletter. Which personal data is transmitted to the person responsible for processing when the newsletter is ordered results from the input mask used for this purpose.

We will then inform you at regular intervals by means of a newsletter about news, events and other offers from the company. In principle, the newsletter can only be received by the person concerned if (1) the person concerned has a valid email address and (2) the person concerned registers to receive the newsletter. For legal reasons, a confirmation e-mail will be sent to the e-mail address entered by a person concerned for the first time for the newsletter dispatch using the double opt-in procedure. This confirmation email is used to check whether the owner of the email address, as the person concerned, has authorized the receipt of the newsletter.

When registering for the newsletter, we also save the IP address assigned by the Internet service provider (ISP) of the computer system used by the person concerned at the time of registration, as well as the date and time of registration. The collection of this data is necessary in order to be able to trace the (possible) misuse of the e-mail address of a data subject at a later point in time and therefore serves to provide legal protection for the person responsible for processing.

The personal data collected when registering for the newsletter will only be used to send our newsletter. Furthermore, subscribers to the newsletter could be informed by e-mail if this is necessary for the operation of the newsletter service or a relevant registration, as this could be the case in the case of changes to the newsletter offer or changes in the technical conditions. The personal data collected as part of the newsletter service will not be passed on to third parties. The data subject can cancel the subscription to our newsletter at any time. The consent to the storage of personal data that the person concerned has given us for sending the newsletter can be revoked at any time. There is a corresponding link in every newsletter for the purpose of withdrawing consent. It is also possible to unsubscribe from the newsletter dispatch directly on the website of the person responsible for processing or to inform the person responsible for processing of this in another way.

6.  Applications

The person responsible for processing collects and processes the personal data of applicants for the purpose of handling the application process. These data are processed on the basis of Section 26 Paragraph 1 Sentence 1 BDSG (decision on the establishment of an employment relationship).

If the person responsible for processing does not conclude an employment contract with the applicant, the application documents will be automatically deleted five months after receipt of the application, provided that deletion does not conflict with any other legitimate interests of the person responsible for processing. Other legitimate interests according to Art. 6 Para. 1 f can, for example, represent a burden of proof in proceedings under the General Equal Treatment Act (AGG).

Obligation to provide information when collecting data in accordance with Art. 13 GDPR

  1. Name of the processing activity
    • Data protection information in connection with data collection in the course of the application process.
  2. Identity of the responsible body and contact details of the person responsible for processing
    • Neander Motors AG, Werftbahnstrasse 8, 24143 Kiel
  3. Contact details of the data protection officer
  4. Purposes of processing
    • Neander Shark GmbH, represented by the companies mentioned under 2, processes your personal data in the course of the application process. Your application documents will be automatically deleted after 6 months.
  5. Legal basis for processing
    • Your data will be processed on the basis of Section 26 (1) BDSG.
  6. Categories of personal data
    • As part of the application process, we process all of the data you have transmitted to us.
  7. Recipients or categories of recipients of the personal data
    • Your application documents are processed exclusively by Neander Shark GmbH.
  8. Transfer of personal data to a third country
    • There is no data transfer to a third country.
  9. Automated decision making
    • Automated decision-making is not used.
  10. Duration of storage of personal data
    • If you are not hired, your application documents will be irretrievably deleted after 5 months.
  11. Affected Rights
    • According to the General Data Protection Regulation, you have the following rights:
      • If your personal data is processed, you have the right to receive information about the data stored about you (Art. 15 GDPR).
      • If incorrect personal data is processed, you have the right to rectification (Art. 16 GDPR).
      • If the legal requirements are met, you can request the deletion or restriction of processing and object to processing (Articles 17, 18 and 21 GDPR).
      • If you have consented to data processing or if there is a data processing contract and data processing is carried out using automated procedures, you may have the right to data portability (Art. 20 GDPR).

Please address requests for information, the revocation of granted consent or the exercise of your rights as a data subject to the person responsible named under 2. If you make use of your above-mentioned rights, the responsible body will check whether the legal requirements for this have been met.

Furthermore, there is a right of appeal to a supervisory authority. As a rule, you can contact the supervisory authority of your usual place of residence or work or our company headquarters. You can find the contact details at the following link: https://www.datenschutz-wiki.de/Aufsichtsbehörden_und_Landesdatenschutzbeauftragte

Further data protection information can be found on our website at: https://www.neander-shark.com/datenschutz/

7.  Liability for content

The contents of our pages were created with great care. However, we cannot assume any liability for the correctness, completeness and topicality of the content. As a service provider, we are responsible for our own content on these pages in accordance with general law in accordance with Section 7, Paragraph 1 of the German Telemedia Act (TMG). According to §§ 8 to 10 TMG, as a service provider, we are not obliged to monitor transmitted or stored third-party information or to research circumstances that indicate illegal activity. Obligations to remove or block the use of information according to general law remain unaffected. However, liability in this regard is only possible from the point in time at which we become aware of a specific legal infringement.

8. Liability for links

Our pages may contain links to external third-party websites over whose content we have no influence. Therefore, we cannot accept any liability for this third-party content. The respective provider or operator of the pages is always responsible for the content of the linked pages. The linked pages were checked for possible legal violations at the time they were linked. No illegal content was found at the time the link was created. A permanent control of the content of the linked pages is not reasonable without concrete evidence of a violation of the law. As soon as we become aware of legal violations, we will remove such links immediately.

9.  Data security

We use suitable technical and organizational measures to secure our website and other systems against loss, destruction, access, modification or dissemination of your data by unauthorized persons. Despite regular checks, however, complete protection against all dangers is not possible.
Our website uses the industry standard SSL / TLS (Secure Sockets Layer) for encryption. This ensures the confidentiality of your personal information over the Internet. You can tell whether an encrypted transmission is taking place from the closed key or. Lock symbol in the display of your browser. We would like to point out that data transmission over the Internet (e.g. when communicating by e-mail) can have security gaps. A complete protection of the data against access by third parties is technically not possible.

10. Transfer  of data

Your personal data will only be passed on to third parties – if you have given your express consent in accordance with Art. 6 Para. 1 a GDPR; – if the transfer is necessary for the fulfillment of contractual obligations according to Art. 6 Para. 1 b GDPR;
– if we are legally obliged to pass on the data within the meaning of Art. 6 Para. 1 c GDPR; – if the transfer of the data is in the public interest within the meaning of Art. 6 Para. 1 e GDPR or; – if the transfer of the data according to Art. 6 Para. 1 f GDPR is necessary to safeguard our legitimate interests or the legitimate interests of a third party, provided that your interests in protecting your data do not outweigh them.

11. Categories of recipients

Processor

We use IT service providers who work exclusively on our behalf and subject to instructions (order processing) to provide the service offered, e.g. the hosting of this website or the operation of our IT. These have been carefully selected and commissioned by us, are bound by our instructions and are checked regularly

Third party recipient

In order to be able to process your concerns satisfactorily, we may have to pass on your personal data to third-party recipients. Third-party recipients can be our suppliers, transport and logistics partners and our trading partners.

12. Duration of storage of personal data

Your data will be stored by us for as long as it is required for the purposes on which the processing is based. In addition, we only save data insofar as we are legally obliged to do so, e.g. B. due to statutory retention requirements.

13. Detailed information on the right to object

An objection to the processing of personal data concerning you on the basis of Article 6 Paragraph 1 e (data processing in the public interest) or f (data processing to safeguard legitimate interests on the basis of a weighing of interests) is possible at any time in accordance with Article 21 GDPR. In the event of an objection, the personal data will no longer be processed, unless there are compelling legitimate reasons for the processing that outweigh the interests, rights and freedoms of the data subject or the processing serves to assert, exercise or defend legal claims. Please address your objection to the responsible body named under point 1.

14. Detailed information on the right of withdrawal

If you have given us your consent to the processing of personal data, you can revoke this at any time. Of course, this also applies to declarations of consent given to us before May 25, 2018 (before the GDPR came into effect). The revocation of a consent can always only become valid for the future. The legality of the processing is not retroactively removed by a revocation. Please send your revocation to the responsible body named under point 1.

15. Timeliness

This data protection declaration is dated August 18, 2020. It is the current and valid version of our data protection declaration. However, we would like to point out that from time to time, due to actual or legal changes, a revision of this data protection declaration may be necessary.

16. Regulatory Authority

The address of the supervisory authority responsible for us is:

Independent state center for data protection Schleswig-Holstein

Holstenstrasse 98

24103 Kiel

Email: mail@datenschutzzentrum.de

Phone: 0431 988-1200

Fax: 0431 988-1223

Homepage: www.datenschutzzentrum.de

17. Data protection officer

If you have any questions about data protection, please do not hesitate to contact our data protection officer:

Law firm Köhrer
Niels Köhrer, specialist lawyer for IT law
Schauenburgerstraße 36
24105 Kiel
dataprotection@neander-motors.com