Disclaimer

1. About us

We, GMA Metall GmbH, are responsible for the collection, processing and storage of your data. You can find details about us in our imprint at any time.

The careful handling of your personal data has the highest priority for us. In processing, we comply with the statutory provisions, e.g. the General Data Protection Regulation (GDPR) and the associated national provisions.

This data protection declaration applies to all websites of our company that can be accessed under our domain (www.gma.de). If you switch to websites of other operators within the scope of our offer, their own data protection regulations apply, for the content of which the respective operators of these websites are responsible.

Since we would like to give you a comprehensive overview of the processing of personal data in our group of companies, you will find below an overview of all our services in the context of which we collect and process personal data.

If separate or additional conditions apply to individual services or we ask you for your consent, we will point this out to you separately before using the respective service.

We also take various security measures to protect your personal data. For example, transmission between your web browser and our servers is always transport encrypted; in addition, we maintain a variety of technical and organizational measures to always protect your data.

2. Why we process your data

You can use our website without disclosing your identity. If you would like to register for one of our personalised services or to contact us, we will ask you for your name and other personal information. It is your free decision whether you enter this (extended) data. Data that we absolutely need from you to provide our services are marked as such.

Your personal data is collected and processed for the following purposes on the basis of the following legal bases:

Contract initiation pursuant to Art. 6 (1) lit. a) and b) GDPR
Contract execution in accordance with Art. 6 (1) lit. b) GDPR
Customer management in accordance with Art. 6 (1) 1 lit. b) and c), f) GDPR
communication and data exchange pursuant to Art. 6 (1) lit. a), b), c), f) GDPR
external presentation and advertising pursuant to Art. 6 (1) lit. a), f) GDPR
Implementation of declarations of consent pursuant to Art. 6 (1). 1 lit. a) GDPR
Ensuring the proper operation of a data processing system in accordance with Art. (1) lit. c) and f) GDPR
Applicant selection procedures within the framework of personnel and resource management on the basis of Art. 6 (1) lit. a), b) GDPR in conjunction with § 26 BDSG-New

3. Which data we collect and process from you

We collect different categories of personal data from you. Personal data is all information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified directly or indirectly, in particular by assignment to an identifier such as a name. Personal data includes, for example, information such as your name, your address, your telephone number and your date of birth (if stated). Statistical information that cannot be directly or indirectly associated with you – such as the popularity of individual websites of our offer or the number of users of a page does not qualify as personal data. Data is collected directly and indirectly. In both cases, data will only be collected to the extent necessary; the data will only be processed for the purposes stated under point 2. It is your decision whether you want to transmit data to us that optimizes the use of our services for you, yet is not necessary. Corresponding data fields are marked as ‘voluntary’.

The data collected immediately include:

Data that you actively and consciously transmit to us when using our services, e.g. via our contact form
Candidate data, for the execution of our online application procedure

In addition, data about you is collected indirectly when using our services:

Technical connection data, e.g. the page called up on our website, your IP address, date and time of the call, terminal device used. This is done to verify the authorization of actions and the authentication of the requesting user of our services. The legal basis is Art. 6 (1) lit. c) in conjunction with Art. 32 and Art. 6 (1) lit. f) DSGVO. Our legitimate interest is to secure our web server, for example to defend ourselves against attacks, and to ensure the functionality of our services.

Minors:

Our website is not directed at minors and we do not knowingly collect personal data from minors.

If persons under the age of 16 transmit personal data to us, this is only permitted if the parent/guardian has consented or has consented to the consent of the minor. For this purpose, the contact data of the legal guardian must be communicated to us in accordance with Art. 8 (2) GDPR in order to convince us of the consent or the consent of the legal guardian. These data as well as the data of the minor will then be processed in accordance with this data protection declaration.

If we determine that a minor under the age of 16 has sent us personal data without the parental consent or consent of the minor, we will delete the data immediately.

4. Who has access to your data and to whom we transmit your data

a) Access

Access to your personal data stored by us is limited to our employees and the service providers commissioned by us, who have to deal with this personal data due to their tasks.

If third parties gain access to your data, we have obtained your permission or there is a legal basis for this.

We also use service providers to provide services and process your data (for hosting, database maintenance and analysis, securing our web servers, etc.). Insofar as these special provisions apply, we have carried them out for you in the following way for the respective service. The service providers process the data exclusively on our instructions and are obliged to comply with the applicable data protection regulations. All contractors have been carefully selected and will only have access to your data to the extent and for the time required to provide the services or to the extent to which you have consented to the processing and use of your data.

b) Data exchange within the group of companies

Data exchange within the group of companies to which we belong takes place exclusively within the EU/EEA and serves only internal administrative purposes. By group of companies we mean affiliated companies within the meaning of Art. 4 No. 19 GDPR.

c) Transfer to third countries and legal basis

The servers of some of the service providers we use are located in the US and other countries outside the European Union. Companies in these countries are subject to a data protection law that does not generally protect personal data to the same extent as is the case in the Member States of the European Union. If your data are processed in a country that does not have a recognised high level of data protection such as the European Union, we use contractual regulations or other recognised instruments to ensure that your personal data are adequately protected. We expressly point this out to you again within the scope of the individual services.

Insofar as personal data is transferred to third countries, this is done on the basis of the EU Commission’s decision on appropriateness to the EU-U.S. Privacy Shield pursuant to Art. 45 GDPR or the EU Standard Contractual Clauses 2010 pursuant to Art. 46 (2) lit. c GDPR in conjunction with the decision of the EU Commission of 05.02.2010 (2010/87/EU) or your consent pursuant to Art. 49 (1) lit. a) GDPR.

d) Transmission to law enforcement and criminal investigation authorities

In exceptional cases we transmit personal data to law enforcement and criminal investigation authorities. This is done on the basis of corresponding legal obligations, e.g. from the Code of Criminal Procedure, the Fiscal Code, the Money Laundering Act or state police laws.

5. Storage periods

We store personal data within the framework of legal regulations or your consent.

We use the following criteria to determine the concrete storage period:

We store the personal data until the purposes for which they were collected cease to apply (e.g. at the end of a contractual relationship or through the last activity, if no continuing obligation exists, or in the case of a revocation of your consent for the specific data processing).

Further data will only be stored if

legal storage obligations (e.g. according to AO and HGB) exist;
the data is still needed to assert and exercise legal claims or to defend against legal claims, e.g. due to technological and forensic requirements to defend against attacks on our web servers and their prosecution;
the deletion would be contrary to the legitimate interest of the data subjects;

another exception pursuant to Art. 17 (3) DSGVO applies.

6. Your Rights

You have a number of legal rights to which we would like to draw your attention below. Of course, our data protection officer is also available to answer any questions you may have about your personal data that we have collected and processed using the contact details given below.

a) Right to information and data transferability

You have a right of information about the personal data we process concerning you at any time.

If the data processing is based on your consent or according to Art. 6 (1) lit. b) GDPR on a contract, you can also demand in accordance with Art. 20 (1) GDPR to receive the personal data stored about you in a structured, current and machine-readable format. At your request, we will also forward the data directly to the recipient of your choice.

b) Right to rectification, restriction and deletion

Furthermore, in accordance with Articles 16 to 18 GDPR, you can request us to correct, restrict (block) or delete your personal data if we have processed the data incorrectly, if there is a reason to restrict further data processing, or if data processing has become illegal for various reasons, or if its storage is inadmissible for other legal reasons. We would like to point out that your right to deletion may be restricted by legal retention periods.

c) Rights of objection

If our data processing is based exclusively on our legitimate interest pursuant to Art. 6 (1) lit. f) GDPR, you may object to this processing pursuant to Art. 21 (1) GDPR. Then we will stop processing your data unless we can prove grounds for processing worthy of protection which outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend a legal claim. Furthermore, you always have the right to object to the use of your data for the purpose of direct advertising with effect for the future pursuant to Art. 21 (2) GDPR.

d) Right of revocation

If you have allowed us to process your personal data by giving your consent, you have a right of revocation with effect for the future pursuant to Art. 7 (3) GDPR.

e) Right of appeal to the Supervisory Authority

You are free to complain to a supervisory authority if you believe that our processing of your personal data violates the European General Data Protection Regulation or other national and international data protection laws.

The contact details of the supervisory authority responsible for us are as follows:

Landesbeauftragte für Datenschutz und Informationsfreiheit

Nordrhein-Westfalen

Postfach 20 04 44

D-40102 Düsseldorf

Phone: +49 211 38424 0

Fax: +49 211 38424 10

E-Mail: poststelle@ldi.nrw.de

f) Contact information

To exercise your rights, you can send us an informal message to the following contact details. Please also address the revocation of your consent to the following contact details, indicating which declaration of consent you would like to revoke:

Person responsible	DPO
GMA Metall GmbH Osnabrücker Straße 377 – 379 D-32257 Bünde-Ahle Telefon: +49 5223 6909-0 Fax: +49 5223 6909-55 E-Mail: info@gma.de	it.sec GmbH & Co. KG – Datenschutzbeauftragter – Einsteinstraße 55 D-89077 Ulm E-Mail: dataprotection-isri@aunde.com

7. Supplementary notes and provisions on individual services

a) Online application procedure

We offer you the opportunity to apply to us online by e-mail. The data entered by you and the attachments sent with it are transmitted via the Internet and thus unencrypted. Your electronic application data will be received by the relevant personnel department and only forwarded to the department responsible for the respective position or to the persons in charge of processing. All parties involved treat your application documents with the necessary care and with absolute confidentiality.

After completion of the applicant selection process, we will send your application documents to

3 months and then delete or destroy any copies unless we have concluded an employment contract with you. Should we wish to include your application documents in our applicant pool, we will contact you. In the notification you can actively consent to the further storage of your documents.

Please note that applications that you send us by e-mail are not encrypted. We therefore recommend the use of encryption software.

b) Supplier self-disclosure

On our website you will find the opportunity to apply to us as a supplier. As part of the supplier self-assessment, we ask you for the contact data of the respective responsible persons in the areas of sales, quality management and environmental management. The legal basis for this is Art. 6 para. 1 b) and f) DSGVO. Our legitimate interest is the knowledge of the contact persons of the potential suppliers in the context of contract initiation or processing.

c) Data processing for direct marketing purposes

Postal advertising

To the extent permitted by law, we may also use your name and the postal address known to us to send you advertising for our own offers. The legal basis is

Art. 6 (1) lit. f) in conjunction with Recital 47 GDPR. Our legitimate interest is to promote sales or demand from our existing customers. Of course, you can object to the processing of your data for advertising purposes at any time in the future. A message in text form to the above mentioned contact data is sufficient. We will then delete your data from our mailing list. The data proving your objection will be kept for another 6 years in accordance with art. 17 (3) lit. e) GDPR. During this period, however, your personal data will be blocked for further processing.

Telephone advertising

To the extent permitted by law, we may also use your name, company affiliation and telephone number provided to inform business customers about our own offers, assuming your presumed interest. The legal basis is Art. 6 (1) lit. f) in conjunction with Recital 47 GDPR, § 7 (2) No. 2 UWG. Our legitimate interest is to promote sales or demand from our existing business customers. Of course, you can object to the processing of your data for advertising purposes at any time in the future. A message in text form to the above mentioned contact data is sufficient. We will then delete your data from our mailing list. The data proving your objection will then be kept for another 6 years in accordance with Art. 17 (3) lit. e) GDPR. During this period, however, your personal data will be blocked for further processing.