DATA PROTECTION

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I. Name and address of the controller

The controller as defined in the General Data Protection Regulation and other national data protection laws of the member states, as well as other data protection regulations is:

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New Albea Kunststofftechnik GmbH
Am Sportplatz 6
D-77960 Seelbach

Telefon: +49 78 23-508-0
Telefax: +49 78 23-508-133
E-Mail: kontakt@albea.de
Website: www.albea.de
Managing director authorised to represent the company: Thomas Schuller

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II. Name and address of the data protection officer

Christoph Frey
Telefon: 07823 508 124
E-Mail: cfrey@albea.de

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III. General information on data processing

1. Scope of the processing of personal data

We collect and use personal information about our users only to the extent that is necessary to fulfil our contracts. After contractual obligations have been fulfilled, we process data only after consent has been given. An exception applies in cases where it is not possible to obtain consent in advance for factual reasons or where the processing of data is permitted by legal regulations.

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2. Legal basis for the processing of personal data

Insofar as we obtain the consent of the data subject for processing operations on personal data, Art. 6 (1) (a) GDPR serves as the legal basis. When processing personal data that is necessary for the performance of a contract to which the data subject is a party, Art. 6 (1) (b) GDPR serves as the legal basis. This also applies to processing operations that are necessary for the performance of pre-contractual measures. If the processing of personal data is necessary for compliance with a legal obligation to which our company is subject, Art. 6 (1) (c) GDPR serves as the legal basis.

If processing is necessary to protect a legitimate interest of our company or a third party and the interests, fundamental rights and freedoms of the data subject do not outweigh the first-mentioned interest, Art. 6 (1) (f) GDPR serves as the legal basis for the processing.

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3. Data deletion and storage period

The personal data of the data subject shall be deleted or blocked as soon as the purpose of storage ceases to apply. Furthermore, storage may take place if this has been provided for by the European or national legislator in Union regulations, laws or other provisions to which the controller is subject. Data will also be blocked or deleted if a storage period prescribed by the aforementioned norms expires, unless there is a necessity for the continued storage of the data for the conclusion or fulfilment of a contract.

 

IV. Provision of the website and creation of log files

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1. Description and scope of data processing

Each time our website is accessed, our system automatically collects data and information from the computer system of the accessing computer.

The following data is collected:

(1) Information about the type of browser and the version used

(2) The user's operating system

(3) The user's internet service provider

(4) The IP address of the user

(5) Date and time of access

(6) Websites from which the user's system accesses our website

(7) Websites that are accessed by the user's system via our website

 

This data is also stored in the log files of our system. This data is not stored together with other personal data of the user.

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2. Legal basis for data processing

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

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3. Purpose of data processing

The storage of information in log files takes place to ensure the functionality of the website. In addition, we use the data to optimise the website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context. These purposes also constitute our legitimate interest in data processing according to Art. 6 (1) (f) GDPR.

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4. Duration of storage

In the case of storage of data in log files, this is the case after seven days at the latest. Storage beyond this period is possible. In this case, the IP addresses of the users are deleted or anonymised such that it is no longer possible to identify the client who accessed the website.

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5. Possibility of objection and removal

The collection of data for the provision of the website and the storage of the data in log files is absolutely necessary for the operation of the website. Consequently, there is no possibility for the user to object.

 

V. Contact via email

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1. Description and scope of data processing

On our website, it is possible to contact us via the email address provided. In this case, the user's personal data transmitted along with the email will be stored. In the case of an email, the data specified in the email, as well as all other data transmitted by the user's email program. In this context, the data will not be disclosed to third parties. The data is used exclusively for processing the visitor's enquiry.

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2. Legal basis for data processing

The legal basis for the processing of data transmitted in the course of sending an email is Art. 6 (1) (f) GDPR. If the contact serves the conclusion of a contract, the additional legal basis for the processing is Art. 6 (1) (b) GDPR.

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3. Purpose of data processing
In the event of contact being made by email, the processing of personal data is solely for the purpose of processing the request. This also constitutes the necessary legitimate interest in processing the data.

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4. Duration of storage

The data will be deleted as soon as it is no longer required to achieve the purpose for which it was collected. For personal data sent by email, this is the case when the respective conversation with the user has ended. The conversation is deemed to have ended when it is clear from the circumstances that the matter in question has been conclusively clarified.

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5. Possibility of objection and removal

The user has the option of withdrawing their consent to the processing of personal data at any time. If the user contacts us by email, they can object to the storage of their personal data at any time. In such a case, the conversation cannot be continued. All personal data stored in the course of contacting us will be deleted in this case.

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VI. Rights of the data subject

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If your personal data is processed, you are a data subject as defined in the GDPR and you have the following rights vis-à-vis the controller:

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1. Right to information

You may request confirmation from the controller as to whether personal data concerning you is being processed by us. If such processing exists, you may request information from the controller about the following:

(1) The purposes for which the personal data is processed

(2) The categories of personal data which are processed

(3) The recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed

(4) The envisaged duration of the storage of the personal data concerning you or, if specific information on this is not possible, criteria for the determination of the storage duration

(5) The existence of a right to obtain the rectification or erasure of personal data concerning you, a right to obtain the restriction of processing by the controller, or a right to object to such processing

(6) The existence of a right to lodge a complaint with a supervisory authority

(7) All available information on the origin of the data if the personal data is not collected from the data subject.

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You have the right to request information on whether the personal data concerning you is transferred to a third country or to an international organisation. In this context, you may request to be informed about the appropriate safeguards pursuant to Article 46 of the GDPR in connection with the transfer.

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2. Right of rectification

You have a right to require the controller to perform rectification and/or completion if the personal data processed concerning you is inaccurate or incomplete. The controller must perform the rectification without undue delay.

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3. Right to restriction of processing

You may request the restriction of the processing of personal data concerning you under the following conditions:

(1) If you contest the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data

(2) The processing is unlawful and you object to the erasure of the personal data and instead request the restriction of the use of the personal data (3) The controller no longer needs the personal data for the purposes of the processing but you need it for the establishment, exercise or defence of legal claims, or

(4) If you have objected to the processing pursuant to Article 21 (1) GDPR and it has not yet been determined whether the controller's legitimate grounds override your grounds.

Where the processing of personal data relating to you has been restricted, such data may – except for its storage – only be processed with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of substantial public interest of the Union or a Member State. If the restriction of processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.

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4. Right of erasure

a. Obligation to erase

You may require the controller to erase the personal data concerning you without undue delay. The controller is obliged to erase this data immediately if one of the following reasons applies:

(1) The personal data concerning you is no longer necessary for the purposes for which it was collected or otherwise processed.

(2) You withdraw your consent on which the processing was based pursuant to Art. 6 (1) (a) or Art. 9 (2) (a) GDPR and there is no other legal basis for the processing.

(3) You object to the processing pursuant to Article 21 (1) of the GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Article 21 (2) of the GDPR.

(4) The personal data concerning you has been processed unlawfully.

(5) The erasure of the personal data concerning you is necessary for compliance with a legal obligation under the laws of the Union or Member State(s) to which the controller is subject.

(6) The personal data concerning you has been collected in relation to information society services offered pursuant to Article 8 (1) of the GDPR.

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b. Notification of third parties

If the controller has made the personal data concerning you public and is obliged to erase it pursuant to Article 17 (1) of the GDPR, it shall take reasonable steps, including technical measures, in consideration of the available technology and the cost of implementation, to inform data controllers which process the personal data that you, as the data subject, have requested them to erase all links to, or copies or reproductions of, this personal data.

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c. Exceptions

The right to erasure does not apply where the processing is necessary:

(1) For the exercise of the right to freedom of expression and information

(2) For compliance with a legal obligation which requires processing under the laws of the Union or Member State(s) to which the controller is subject, or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller

(3) For reasons of public interest in the area of public health pursuant to Art. 9 (2) (h) and (i) and Art. 9 (3) of the GDPR

(4) For archiving purposes in the public interest, scientific or historical research purposes or for statistical purposes pursuant to Article 89 (1) of the GDPR, insofar as the right referred to in section a) is likely to render impossible or seriously impact the achievement of the purposes of such processing; or

(5) To assert, exercise or defend legal claims.

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5. Right to information

If you have asserted the right to rectification, erasure or restriction of processing against the controller, the controller is obliged to inform all recipients to whom the personal data concerning you has been disclosed of this rectification or erasure of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort. You have the right to be informed of these recipients by the controller.

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6. Right to data portability

You have the right to receive the personal data concerning you that you have provided to the controller in a structured, common and machine-readable format. You also have the right to transfer this data to another controller without hindrance from the controller to whom the personal data has been provided, provided that:

(1) The processing is based on consent pursuant to Art. 6 (1) (a) GDPR or Art. 9 (2) (a) GDPR or on a contract pursuant to Art. 6 (1) (b) GDPR; and

(2) The processing is carried out with the aid of automated procedures.

In exercising this right, you also have the right to have the personal data concerning you transferred directly from one controller to another controller, insofar as this is technically feasible. This must not affect the freedoms and rights of other persons.

The right to data portability does not apply to processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

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7. Right to object

You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out on the basis of Article 6 (1) (e) or (f) GDPR.

The controller shall no longer process the personal data concerning you unless it can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves the purpose of asserting, exercising or defending legal claims. If the personal data concerning you is processed for the purposes of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purposes of such marketing.

If you object to the processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes. You have the option, in connection with the use of information society services, notwithstanding Directive 2002/58/EC, to exercise your right to object by automated means using technical specifications.

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8. Right to withdraw the declaration of consent under data protection law

You have the right to withdraw your declaration of consent under data protection law at any time. This withdrawal of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the withdrawal.

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9. Automated decision in individual cases

You have the right not to be subject to a decision based solely on automated processing which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision

(1) Is necessary for entering into, or performance of, a contract between you and a data controller,

(2) Is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interests; or

(3) Is based on your explicit consent.

However, these decisions may not be based on special categories of personal data pursuant to Article 9 (1) of the GDPR, unless Article 9 (2) (a) or (g) of the GDPR applies and appropriate measures have been taken to protect the rights and freedoms as well as your legitimate interests.

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With regard to the cases referred to in (1) and (3), the controller shall take reasonable steps to safeguard the rights and freedoms as well as your legitimate interests, 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.

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10. Right to lodge a complaint with a supervisory authority

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your residence, place of work or the place of the alleged infringement, if you consider that the processing of personal data concerning you infringes upon the GDPR.

 

The supervisory authority with which the complaint has been lodged shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy pursuant to Article 78 GDPR.

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