Privacy Policy
We welcome you to our website and thank you for your interest. The protection of your personal data is important to us. Therefore, we conduct our activities in accordance with the applicable laws on the protection of personal data and data security. In the following, we would like to inform you which data of your visit is used for which purposes.
Data controller for processing in accordance with the GDPR
The controller within the meaning of the General Data Protection Regulation and other data protection laws applicable in the member states of the European Union and other provisions of a data protection nature is:
TH. SIMON GMBH & CO. KG
Römermauer 3
54634 Bitburg
Tel. +49 (0) 6561 140
E-Mail: info@bitburger.de
What is personal data?
The term “personal data” is defined in the German Federal Data Protection Act (BDSG) and the European GDPR. According to this standard, this is individual information about the personal or material circumstances of an identified or identifiable natural person. This includes, for example, your real name, your address, your telephone number, or your date of birth.
Scope of anonymous data collection and processing
Unless otherwise stated in the following sections, no personal data is collected, processed, or used when you use our website. However, we learn certain technical information about the use of analysis and tracking tools based on the data transmitted by your browser (e.g. browser type/version, operating system, and websites of ours you have visited, including time spent and website visited previously). We only evaluate this information for statistical purposes.
Relevant legal grounds for the processing of personal data
- If we obtain the data subject’s consent to the processing of personal data, Art. 6 (1) (a) of the General Data Protection Regulation (GDPR) serves as the legal basis for the processing of personal data.
- Article 6 (1) (b) GDPR serves as the legal basis for the processing of personal data necessary for the performance of a contract to which the data subject is a party. This also applies to processing operations that are necessary to carry out pre-contractual measures.
- Insofar as the processing of personal data is necessary to fulfill a legal obligation to which our company is subject, Art. 6 (1) (c) GDPR serves as the legal basis.
- If the vital interests of the data subject or another natural person necessitate the processing of personal data, Art. 6 (1) (d) GDPR serves as the legal basis.
- If the processing is necessary to safeguard a legitimate interest of our company or a third party and if the interests, fundamental rights, and freedoms of the data subject do not outweigh the former interest, Art. 6 (1) (f) GDPR serves as the legal basis for the processing.
Use of cookies
The website of TH. SIMON GMBH & CO. KG does not use cookies.
Duration of storage of personal data
Personal data is stored for the duration of the relevant statutory retention period. Once this period has expired, the data will be routinely deleted, unless it is necessary for initiating or fulfilling a contract.
Means of contact
On the website of TH. SIMON GMBH & CO. KG, a contact form is available that can be used to contact us electronically. Alternatively, you can contact us using the email address provided. If the data subject contacts the controller through one of these channels, the personal data transmitted by the data subject is automatically stored. The data is stored solely for the purposes of processing or contacting the data subject. Data will not be passed on to third parties. If the user has given their consent, the legal basis for processing the data is Art. 6 (1) (a) GDPR. The legal basis for the processing of data transmitted in the course of sending an email is Art. 6 (1) (f) GDPR. If the purpose of the email contact is to conclude a contract, the additional legal basis for the processing is Art. 6 (1) (b) GDPR. The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. For the personal data from the input screen of the contact form and the data sent by email, this is the case when the conversation with the user has ended. The conversation ends when it can be inferred from the circumstances that the matter in question has been conclusively clarified.
Routine erasure and blocking of personal data
The controller processes and stores the personal data of the data subject only for as long as is necessary to achieve the purpose of the storage. Data may also be stored if this has been provided for by European or national legislators in EU regulations, laws, or other provisions to which the controller is subject. Personal data is routinely blocked or erased as soon as the purpose of storage ceases to apply or a storage period prescribed by the aforementioned regulations expires.
Rights of the data subject
If your personal data is processed, you are a data subject within the meaning of the GDPR and you have the following rights vis-à-vis the controller:
Right of access pursuant to Article 15 GDPR
You may request confirmation from the controller as to whether or not personal data concerning you is being processed by us. In the event of such processing, you may request the following information from the controller:
- the purposes for which the personal data is being processed;
- the categories of personal data being processed;
- the recipients or categories of recipients to whom your personal data has been or will be disclosed;
- the planned period for which your personal data will be stored or, if it is not possible to provide specific information, the criteria for determining the period for which it will be stored;
- the existence of a right to rectification or erasure of your personal data, a right to restriction of processing by the controller, or a right to object to such processing;
- the existence of a right to lodge a complaint with a supervisory authority;
- all available information on the source of the data where the personal data is not collected from the data subject;
- the existence of automated decision-making, including profiling pursuant to Article 22 (1) and (4) GDPR and, at least in those cases, meaningful information about the logic involved and the significance and intended consequences of such processing for the data subject.
You have the right to request information as to whether your personal data is transferred to a third country or to an international organization. In this context, you may request to be informed of the appropriate safeguards pursuant to Article 46 GDPR in connection with the transfer.
Right to rectification pursuant to Article 16 GDPR
You have the right to rectification and/or completion vis-à-vis the controller if the processed personal data concerning you is inaccurate or incomplete. The controller must make the rectification without delay.
Right to erasure pursuant to Article 17 GDPR
(1) You may demand that the controller erase your personal data without undue delay, and the controller is obligated to erase such data without undue delay if one of the following reasons applies:
- The personal data concerning you is no longer necessary for the purposes for which it was collected or otherwise processed.
- You revoke your consent on which the processing was based in accordance with Art. 6 (1) (a) or Art. 9 (2) (a) GDPR, and there is no other legal basis for the processing.
- You object to the processing pursuant to Article 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Article 21 (2) GDPR.
- The personal data concerning you has been unlawfully processed.
- The erasure of the personal data concerning you is necessary to comply with a legal obligation under Union or member state law to which the controller is subject.
- The personal data concerning you was collected in relation to information society services offered pursuant to Article 8 (1) GDPR.
(2) If the controller has made your personal data public and is obligated to erase your personal data pursuant to Article 17 (1) GDPR, the controller, taking into account available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers processing the personal data that you, as the data subject, have requested the erasure by them of any links to, or copy or replication of, those personal data.
(3) The right to erasure does not exist insofar as processing is necessary
- to exercise the right to freedom of expression and information;
- to comply with a legal obligation requiring processing under Union or member state law to which the controller is subject, or 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 area of public health pursuant to Art. 9 (2) (h) and (i) and Art. 9 (3) GDPR;
- for archiving purposes in the public interest, scientific or historical research purposes or for statistical purposes pursuant to Article 89 (1) GDPR, insofar as the right referred to in paragraph 1 is likely to render impossible or seriously impair the achievement of the objectives of such processing, or
- to assert, exercise, or defend against legal claims.
Right to restriction of processing pursuant to Article 18 GDPR
You may request the restriction of the processing of your personal data under the following conditions:
- if you dispute the accuracy of your personal data for a period that allows the controller to verify the accuracy of the personal data;
- the processing is unlawful and you object to the erasure of the personal data and instead request that the use of the personal data be restricted;
- the controller no longer needs the personal data for the purposes of the processing, but you need it for the establishment, exercise, or defense of legal claims, or
- if you have objected to processing pursuant to Article 21 (1) GDPR and it is not yet clear whether the legitimate grounds of the controller outweigh your grounds.
Where processing of your personal data has been restricted, such data may, with the exception of storage, only be processed with your consent or for the establishment, exercise, or defense of legal claims, or for the protection of the rights of another natural or legal person, or for reasons of important public interest of the Union or a member state. If the restriction of processing has been restricted in accordance with the aforementioned conditions, you will be informed by the controller before the restriction is lifted.
Right to information pursuant to Article 19 GDPR
If you have asserted the right to rectification, erasure, or restriction of processing vis-à-vis the controller, the controller is obligated to inform all recipients to whom the personal data concerning you has been disclosed of such rectification or erasure of the data or restriction of processing, unless this proves impossible or involves disproportionate effort. You have the right vis-à-vis the controller to be informed about these recipients.
Right to data portability pursuant to Article 20 GDPR
You have the right to receive your personal data, which you have provided to the controller, in a structured, commonly used, 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 have been provided, provided that:
- the processing is based on consent pursuant to Article 6 (1) (a) GDPR or Article 9 (2) (a) GDPR, or on a contract pursuant to Article 6 (1) (b) GDPR, and
- Processing is carried out by automated means. In exercising this right, you also have the right to have your personal data transmitted directly from one controller to another, insofar as this is technically feasible. The freedoms and rights of others may not be affected by this. The right to data portability does not apply to the 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.
Right to object pursuant to Article 21 GDPR
You have the right, on grounds relating to your particular situation, to object at any time to the processing of your personal data which is based on point (e) or (f) of Article 6 (1) GDPR, including profiling based on these provisions. The controller shall no longer process your personal data unless it can demonstrate compelling legitimate grounds for the processing which override your interests, rights, and freedoms, or the processing serves the establishment, exercise, or defense of legal claims. If your personal data is processed for direct marketing purposes, you have the right to object at any time to the processing of your personal data for such marketing, including profiling, to the extent that it is related to such direct marketing. If you object to processing for direct marketing purposes, your personal data will no longer be processed for these purposes. In connection with the use of information society services, and notwithstanding Directive 2002/58/EC, you may exercise your right to object by automated means using technical specifications.
Right to withdraw consent under data protection law pursuant to Article 7 (3) GDPR
You have the right to revoke your consent to data processing at any time. The withdrawal of consent shall not affect the lawfulness of the processing carried out on the basis of the consent prior to its withdrawal.
Right to lodge a complaint with a supervisory authority pursuant to Article 77 GDPR
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 place of the alleged infringement, if you believe that the processing of your personal data infringes 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 77 GDPR.
Data transfers to third countries
The controller does not transfer any personal data to a third country.
Applications (apprenticeships & vacancies)
By submitting their application to us, applicants agree to the processing of their data for the purposes of the application process in accordance with the nature and scope set out in this Privacy Policy. The legal basis for the processing of applicant data is Article 6 (1) (b) and (f) GDPR and Article 9 (2) (b) GDPR. Insofar as special categories of personal data within the meaning of Article 9 (1) GDPR are voluntarily disclosed during the application process, their processing is also carried out in accordance with Article 9 (2) (b) GDPR (e.g. health data, such as disability status or ethnic origin). Insofar as special categories of personal data within the meaning of Art. 9 (1) GDPR are requested from applicants during the application process, their processing is also carried out in accordance with Art. 9 (2) (a) GDPR (e.g. health data, if it is necessary for the practice of the profession). If provided, applicants may submit their applications to us using an online form on our website. The data is transmitted to us in encrypted form in accordance with the state of the art. Applicants can also send us their applications by email. However, please note that emails are generally not sent in encrypted form and applicants must ensure that they are encrypted themselves. Therefore, we cannot accept any responsibility for the transmission of the application between the sender and the receipt on our server and therefore recommend using an online form or postal delivery instead. Instead of applying via the online form and email, applicants still have the option of submitting their application to us by post. The data provided by the applicants may be processed by us for the purposes of the employment relationship in the event of a successful application. Otherwise, if the application for a job offer is unsuccessful, the applicant’s data will be deleted. Applicant data is also deleted if an application is withdrawn, which applicants are entitled to do at any time. The data will be deleted after a period of six months so that we can answer any follow-up questions about the application and meet our obligations to provide evidence under the German General Equal Treatment Act (AGG). Invoices for any reimbursement of travel expenses are archived in accordance with the provisions of tax law.
Security
We have implemented comprehensive technical and operational safeguards to protect your data from accidental or intentional manipulation, loss, destruction, or access by unauthorized persons. Our security procedures are regularly reviewed and adapted to keep pace with technological advancements. In addition, data protection is guaranteed on an ongoing basis by means of constant auditing and optimization of the data protection organization.
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TH. SIMON GMBH & CO. KG reserves all rights to make changes and updates to this Privacy Policy. This Privacy Policy has been generated by Keyed GmbH.