We are very pleased about your interest in our company. The management of JenaBatteries GmbH attaches great importance to data protection. The JenaBatteries GmbH website can generally be used without providing any personal data. However, if a person concerned wishes to take advantage of special services offered by our company via our website, it may be necessary to process personal data. If it is necessary to process personal data and there is no legal basis for such processing, we generally obtain the consent of the person concerned.
As the data controller, JenaBatteries GmbH has implemented numerous technical and organizational measures to ensure the complete protection of personal data processed via this Internet site. Nevertheless, Internet-based data transmissions may have security gaps, so that absolute protection cannot be guaranteed. For this reason, every person concerned is free to transmit personal data to us by alternative means, for example by telephone.
JenaBatteries GmbH's data protection statement is based on the terms used by the European legislator when the basic data protection regulation (DS-GVO) was issued. Our data protection declaration should be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to explain the terms used in advance.
We use the following terms, among others, in this data protection declaration:
a) Personal data
Personal data means any information relating to an identified or identifiable natural person (hereinafter referred to as “data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an on-line identifier or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
b) Data subject
Data subject means any identified or identifiable natural person whose personal data are processed by the controller.
Processing means any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organisation, organisation, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
d) Limitation of processing
Limitation of processing shall mean the marking of stored personal data with a view to limiting their processing in the future
Profiling means any automated processing of personal data consisting in the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to the performance of work, economic situation, health, personal preferences, interests, reliability, conduct, location or movement of that natural person
Pseudonymisation is the processing of personal data in such a way that the personal data cannot be related to a specific data subject without the use of supplementary information, provided that this supplementary information is kept separate and is subject to technical and organisational measures which ensure that the personal data cannot be traced back to an identified or identifiable natural person
Controller shall mean the natural or legal person, public authority, agency or other body which alone or jointly with others determines the purposes and means of the processing of personal data Where the purposes and means of such processing are determined by Union or national law, provision may be made for the controller or for the specific criteria for his or her designation in accordance with Union or national law.
Processor means any natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
Recipient shall mean a natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not a third party. However, authorities which may receive personal data in the context of a specific investigation mandate under Union or national law shall not be considered as recipients.
j) Third party
Third party means any natural or legal person, public authority, agency or body other than the data subject, the controller, the processor and the persons who, under the direct authority of the controller or the processor, are authorized to process the personal data.
Consent shall mean any freely given specific and unambiguous expression of the will of the data subject in an informed and specific case, in the form of a declaration or any other unequivocal affirmative act by which the data subject signifies his or her consent to the processing of personal data relating to him or her.
2. The name and address of the controller
The person responsible within the meaning of the basic data protection regulation, other data protection laws applicable in the member states of the European Union and other regulations of a data protection nature is the:
The person concerned can prevent the setting of cookies by our website at any time by means of a corresponding setting in the Internet browser used and thus permanently object to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via an Internet browser or other software programs. This is possible in all common Internet browsers. If the person concerned deactivates the setting of cookies in the Internet browser used, it is possible that not all functions of our website can be fully used.
4. Collection of general data and information
JenaBatteries GmbH’s website collects a number of general data and information with every visit to the website by a person concerned or an automated system. This general data and information is stored in the server log files. The following can be recorded: (1) browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system accesses our website (so-called referrer), (4) the sub-websites that are accessed via an accessing system on our website, (5) the date and time of an access to the Internet site, (6) an Internet Protocol address (IP address), (7) the Internet service provider of the accessing system and (8) other similar data and information which serve to avert danger in the event of attacks on our information technology systems.
JenaBatteries GmbH will not draw any conclusions about the person concerned when using this general data and information. Rather, this information is required to (1) deliver the contents of our website correctly, (2) optimize the contents of our website and the advertising for it, (3) ensure the permanent operability of our information technology systems and the technology of our website, and (4) provide law enforcement authorities with the information necessary for prosecution in the event of a cyber attack. JenaBatteries GmbH therefore statistically evaluates this anonymously collected data and information on the one hand and on the other hand with the aim of increasing data protection and data security in our company, in order to ultimately ensure an optimal level of protection for the personal data processed by us. The anonymous data of the server log files are stored separately from all personal data provided by a person concerned.
5. Possibility of contact via the website
Due to legal requirements, the JenaBatteries GmbH website contains information that enables rapid electronic contact with our company and direct communication with us, which also includes a general address for so-called electronic mail (e-mail address). If a data subject contacts the data controller by e-mail or via a contact form, the personal data transmitted by the data subject is automatically stored. Such personal data transmitted by a data subject to the controller on a voluntary basis are stored for the purposes of processing or for contacting the data subject. Such personal data shall not be disclosed to third parties.
6. Routine erasure and blocking of personal data
The controller shall process and store personal data relating to the data subject only for the period of time necessary to achieve the purpose of storage or where provided for by the European legislator or other legislator in laws or regulations to which the controller is subject.
If the purpose of storage ceases to apply or if a storage period prescribed by the European Directives and Regulations Giver or any other competent legislator expires, the personal data will be blocked or deleted as a matter of routine and in accordance with the statutory provisions.
7. Rights of the data subject
a) Right to obtain confirmation
Every data subject has the right, granted by the European legislator, to obtain from the controller confirmation as to whether personal data relating to him or her are being processed. If a data subject wishes to exercise this right of confirmation, he or she may at any time contact an employee of the controller.
b) Right of access
Any person concerned by the processing of personal data shall have the right to obtain from the controller, at any time and free of charge, information on personal data relating to him/her and a copy thereof.
The European Data Protection Supervisor has also granted the data subject access to the following information:
- the purposes of processing
- the categories of personal data processed
- the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular to recipients in third countries or international organisations
- if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration
- the existence of a right of rectification or erasure of personal data relating to him or her or of a restriction on processing by the controller or a right to object to such processing
- the existence of a right of appeal to a supervisory authority
- if the personal data are not collected from the data subject: All available information on the origin of the data
- the existence of automated decision-making, including profiling, in accordance with Article 22(1) and (4) of the DPA and, at least in these cases, meaningful information on the logic involved and the scope and intended impact of such processing on the data subject
The data subject shall also have the right to obtain information as to whether personal data have been transferred to a third country or to an international organisation. If this is the case, the data subject shall also have the right to obtain information on the appropriate safeguards relating to the transfer. If a data subject wishes to exercise this right of access, he or she may at any time contact an employee of the controller.
c) Right of rectification
Any person concerned by the processing of personal data shall have the right to obtain the rectification without delay of inaccurate personal data relating to him/her, as granted by the European legislator. The data subject shall also have the right to obtain the completion of incomplete personal data, including by means of a supplementary declaration, having regard to the purposes of the processing. If a data subject wishes to exercise this right of rectification, he or she may at any time contact an employee of the controller.
d) Right of cancellation (right to be forgotten)
Any person affected by the processing of personal data has the right, granted by the European Directives and Regulations, to obtain from the controller the immediate erasure of personal data relating to him/her, if one of the following reasons applies and provided that the processing is not necessary:
- The personal data have been collected or otherwise processed for purposes for which they are no longer necessary.
- The data subject withdraws the consent on which the processing was based pursuant to Article 6(1)(a) of the DPA or Article 9(2)(a) of the DPA and there is no other legal basis for the processing.
- The data subject lodges an objection to the processing pursuant to Article 21 (1) DPA and there are no overriding legitimate reasons for the processing, or the data subject lodges an objection to the processing pursuant to Article 21 (2) DPA.
- The personal data were processed unlawfully.
- The deletion of the personal data is necessary to comply with a legal obligation under Union law or the law of the Member States to which the controller is subject.
- The personal data was collected in relation to information society services offered in accordance with Article 8 (1) of the DS-GVO.
If any of the above reasons apply and a data subject wishes to request the deletion of personal data stored by JenaBatteries GmbH, he or she may contact an employee of the data controller at any time. The JenaBatteries GmbH employee shall ensure that the request for deletion is complied with immediately. If the personal data has been made public by JenaBatteries GmbH and our company as the responsible party is obliged to delete the personal data in accordance with article 17 paragraph 1 of the DS-GVO, JenaBatteries GmbH shall take reasonable measures, including technical measures, taking into account the available technology and the implementation costs, to inform other data controllers who process the published personal data that the data subject has requested these other data controllers to delete all links to this personal data or copies or replications of this personal data, unless the processing is necessary. The employee of JenaBatteries GmbH will take the necessary steps in individual cases.
e) Right to Restriction of Processing
Any person affected by the processing of personal data has the right granted by the European Directive and Regulation Giver to request the Controller to restrict processing if one of the following conditions is met:
- The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data
- The processing is unlawful, the data subject refuses to have the personal data deleted and instead requests the restriction of the use of the personal data.
- The controller no longer needs the personal data for the purposes of the processing, but the data subject needs them in order to assert, exercise or defend legal claims.
- The data subject has lodged an objection to the processing pursuant to Article 21 (1) of the DPA and it is not yet clear whether the legitimate reasons of the controller outweigh those of the data subject.
- If one of the above-mentioned conditions is met and a data subject wishes to request the restriction of personal data stored at JenaBatteries GmbH, he or she may contact an employee of the data controller at any time. The JenaBatteries GmbH employee shall arrange for the restriction of the processing.
f) Right to data portability
Any person affected by the processing of personal data has the right, granted by the European Directives and Regulations, to receive the personal data concerning him/her which have been made available to a controller by the data subject in a structured, common and machine-readable format. He or she also has the right to have this data communicated to another controller without hindrance by the controller to whom the personal data has been made available, provided that the processing is based on the consent pursuant to Article 6 paragraph 1 letter a DPA or Article 9 paragraph 2 letter a DPA or on a contract pursuant to Article 6 paragraph 1 letter b DPA and that the processing is carried out by means of automated procedures, unless the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller. Furthermore, when exercising their right to data transfer pursuant to Art. 20 Para. 1 DPA, the data subject has the right to request that personal data be transferred directly from one controller to another controller, insofar as this is technically feasible and provided that this does not adversely affect the rights and freedoms of other persons. To assert the right to data transfer, the person concerned may contact an employee of JenaBatteries GmbH at any time.
g) Right of objection
Every person concerned by the processing of personal data has the right, granted by the European legislator, to object at any time, for reasons arising from his or her particular situation, to the processing of personal data concerning him or her carried out pursuant to Article 6(1)(e) or (f) of the DPA. This also applies to profiling based on these provisions.
JenaBatteries GmbH shall no longer process the personal data in the event of an objection, unless we can prove compelling reasons for processing that are worthy of protection and outweigh the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims. If JenaBatteries GmbH processes personal data for the purpose of direct marketing, the data subject shall have the right to object at any time to the processing of personal data for the purpose of such marketing. This shall also apply to profiling, insofar as it is related to such direct mail. If the data subject objects to JenaBatteries GmbH processing for the purpose of direct marketing, JenaBatteries GmbH shall no longer process the personal data for such purposes.
In addition, the data subject shall have the right to object, for reasons arising from his or her particular situation, to the processing of personal data concerning him or her that takes place at JenaBatteries GmbH for scientific or historical research purposes or for statistical purposes in accordance with Article 89 Paragraph 1 of the DS-GVO, unless such processing is necessary for the performance of a task in the public interest.
In order to exercise the right of objection, the data subject may directly contact any JenaBatteries GmbH employee or another employee. The data subject shall also be free to exercise his or her right of objection in connection with the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures using technical specifications.
h) Automated case-by-case decisions including profiling
Every person concerned by the processing of personal data has the right, granted by the European legislator, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him/her or significantly affects him/her in a similar way, provided that the decision (1) is not necessary for the conclusion or performance of a contract between the data subject and the controller, or (2) is authorised by Union or national legislation to which the controller is subject and such legislation provides for adequate measures to safeguard the rights and freedoms and legitimate interests of the data subject, or (3) is made with the explicit consent of the data subject. If the decision (1) is necessary for the conclusion or fulfillment of a contract between the data subject and the responsible party or (2) is made with the express consent of the data subject, JenaBatteries GmbH shall take reasonable measures to safeguard the rights and freedoms as well as the legitimate interests of the data subject, including at least the right to obtain the intervention of a person on the part of the responsible party, to present its own position and to challenge the decision. If the data subject wishes to exercise rights relating to automated decisions, he or she may at any time consult a member of the controller's staff.
i) Right to withdraw consent for data protection
Every person affected by the processing of personal data has the right, granted by the European Directive and Regulation Giver, to revoke his or her consent to the processing of personal data at any time. If the data subject wishes to exercise his or her right to withdraw consent, he or she may at any time contact an employee of the controller.
8. Data protection for applications and the application procedure
The controller collects and processes the personal data of applicants for the purpose of processing the application procedure. The processing may also be carried out by electronic means. This is particularly the case if an applicant submits relevant application documents to the controller electronically, for example by e-mail or via a web form on the website. If the data controller concludes an employment contract with an applicant, the transmitted data is stored for the purpose of processing the employment relationship in accordance with the statutory provisions. If the controller does not conclude an employment contract with the applicant, the application documents are automatically deleted two months after notification of the rejection decision, provided that no other legitimate interests of the controller conflict with deletion. Other legitimate interests in this sense include, for example, an obligation to provide evidence in proceedings under the General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz, AGG).
The data controller has integrated Twitter components on this website. Twitter is a multilingual, publicly accessible microblogging service where users can post and disseminate so-called tweets, i.e. short messages limited to 280 characters. These short messages can be accessed by anyone, including people who are not registered with Twitter. The tweets are also displayed to the so-called followers of the respective user. Followers are other Twitter users who follow the tweets of a user. Furthermore, Twitter enables the addressing of a broad audience via hashtags, links or retweets.
Twitter is operated by Twitter, Inc. 1355 Market Street, Suite 900, San Francisco, CA 94103, USA.
Each time a user accesses one of the individual pages of this website operated by the data controller and on which a Twitter component (Twitter button) has been integrated, the Internet browser on the information technology system of the data subject is automatically prompted by the respective Twitter component to download a display of the corresponding Twitter component from Twitter. Further information on the Twitter buttons is available at about.twitter.com/en/resources/buttons. As part of this technical procedure, Twitter is informed which specific subpage of our website is visited by the person concerned. The purpose of integrating the Twitter component is to enable our users to disseminate the content of this website, to make this website known in the digital world and to increase our visitor numbers.
If the person concerned is logged on to Twitter at the same time, Twitter recognizes which specific subpage of our website the person concerned is visiting each time the person concerned calls up our website and for the entire duration of their stay on our website. This information is collected by the Twitter component and assigned by Twitter to the respective Twitter account of the data subject. If the data subject clicks on one of the Twitter buttons integrated on our website, the data and information transmitted in this way is assigned to the personal Twitter user account of the data subject and stored and processed by Twitter.
Twitter receives information via the Twitter component that the data subject has visited our website if the data subject is logged on to Twitter at the same time as accessing our website; this occurs regardless of whether the data subject clicks on the Twitter component or not. If the data subject does not want this information to be sent to Twitter, he or she can prevent it from being sent by logging out of his or her Twitter account before accessing our website.
The applicable data protection regulations of Twitter are available at twitter.com/privacy.
10. Legal basis of the processing
Art. 6 I lit. a DS-GVO serves our company as a legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is a party, as is the case, for example, with processing operations necessary for the supply of goods or provision of other services or consideration, the processing is based on Art. 6 I lit. b DS-GVO. The same applies to such processing operations which are necessary to carry out pre-contractual measures, for example in cases of enquiries about our products or services. If our company is subject to a legal obligation which makes it necessary to process personal data, for example to fulfil tax obligations, processing is based on Art. 6 I lit. c DS-GVO. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor to our company were to be injured and his or her name, age, health insurance details or other vital information had to be disclosed to a doctor, hospital or other third party. In this case the processing would be based on Art. 6 I lit. d DS-GVO. Finally, processing operations could be based on Art. 6 I lit. f DS-GVO. Processing operations which are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to safeguard a legitimate interest of our company or of a third party, unless the interests, fundamental rights and freedoms of the data subject prevail. We are permitted to carry out such processing operations in particular because they have been specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47 sentence 2 DS-GVO).
11. Legitimate interests in the processing pursued by the controller or a third party
If the processing of personal data is based on Article 6 I lit. f DS-GVO, our legitimate interest is to carry out our business activities for the benefit of the well-being of all our employees and our shareholders.
12. Duration for which personal data are stored
The criterion for the duration of storage of personal data is the respective legal retention period. After expiry of the period, the corresponding data is routinely deleted, provided that it is no longer required for the fulfilment or initiation of the contract.
13. Legal or contractual provisions making the personal data available; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of nonprovision
We would like to inform you that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual regulations (e.g. information on the contractual partner). Sometimes it may be necessary for a contract to be concluded that a data subject provides us with personal data, which must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with him/her. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Before the person concerned makes personal data available, the person concerned must contact one of our employees. Our employee will inform the data subject on a case-by-case basis whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and what the consequences would be if the personal data were not provided.
14. Existence of automated decision making
As a responsible company, we avoid automatic decision making or profiling.
This data protection declaration was created by the Data Protection Declaration Generator of the DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as External Data Protection Officer Munich, in cooperation with the data protection lawyer Christian Solmecke.