BIA declaration of data protection 

Data privacy and protection declaration of the BIA Kunststoff- und Galvanotechnik GmbH & Co. KG (referred to as BIA)

The operator of this website takes the protection of personal data very seriously. We treat personal data confidentially and handle it according to the statutory data-protection regulations as well as this data privacy statement.

In general, the use of the Internet pages of BIA is possible without disclosure of personal data. If we do collect personal data (e.g. name, address or e-mail address), this is always on a voluntary basis, wherever possible. None of this data will be forwarded to any third parties without the data subject’s express consent.

If a data subject wants to use specific company services via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no statutory basis for such processing, we generally obtain consent from the data subject.

The processing of personal data, such as the name, address, e-mail address or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to BIA. By means of this data protection declaration, our company would like to inform the general public of the nature, scope and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled.

As the controller, BIA has implemented numerous technical and organisational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means, e.g. by telephone or mail.

In the following, we would like to inform you about the type of data we collect and the purpose for which they are collected.

1. Name and address of the controller

Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:

BIA Kunststoff- und Galvanotechnik GmbH & Co. KG
Datenschutzbeauftragter
Lotharstraße 6
42655 Solingen
Deutschland

Tel.: +49 (0)212 22330-0
e-mail:  datenschutzbeauftragter@bia-kunststoff.de
Website:  www.bia-group.com

  
2. Cookies

On some of our pages we use what is referred to as “session cookies” to provide the data subject with more user-friendly services while using our website. Cookies are small text files which are stored on the data subjects’ hard disk for the duration of their visit of our website. They are automatically deleted at the end of each browser session, independent from the browser program the data subject uses.

These cookies are not harmful, contain no viruses and do not retrieve personal data about the data subjects from their hard disk or adversely affect their computer or files. Most browsers are configured in such a way that they accept cookies automatically. Data subjects can, however, set their browser so that they are informed about the setting of cookies. Data subjects can prevent the setting of cookies by means of a corresponding setting of the Internet browser used, however, an exclusion of cookies may restrict the functionality of our website.

3. Collection of general data and information

The website of BIA collects a series of general data and information when a data subject or automated system calls up the website. These general data and information are stored in the server log files. Collected may be

• the browser types and versions used,
• the operating system used by the accessing system,
• the website from which an accessing system reaches our website (referrer),
• the sub-websites which are accessed by a controlling system on our website,
• the date and time of access to the internet site,
• an internet protocol address (IP address),
• the internet service provider of the accessing system, and 
• any other similar data and information that may be used in the event of attacks on our information technology systems.

When using these general data and information, the BIA does not draw any conclusions about the data subject. Rather, this information is needed to 

• deliver the content of our website correctly, 
• optimize the content of our website as well as its advertisement,
• ensure the long-term viability of our information technology systems and website technology, and
• provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack.

Therefore, BIA analyses anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.

4. Contact possibility via the website

The BIA website contains information that enables a quick electronic contact to our company, as well as direct communication with us, which also includes a general address of the electronic mail (e-mail address). If a data subject contacts the controller by e-mail or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the data controller are stored for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third parties.

5. Routine erasure and blocking of personal data

The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators, in laws or regulations to which the controller is subject to.

If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.

6. Rights of the data subject

(a) Right of confirmation

Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself or herself of this right of confirmation, he or she may, at any time, contact any employee of the controller.

(b) Right of access

Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:

• the purposes of the processing
• the categories of personal data concerned
• the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations
• where possible, the envisaged period for which the personal data will be stored, or
• if not possible, the criteria used to determine that period
• the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing
• the existence of the right to lodge a complaint with a supervisory authority
• where the personal data are not collected from the data subject, any available information as to their source
• the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.

Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.

If a data subject wishes to avail himself of this right of access, he or she may, at any time, contact any employee of the controller.

(c) Right to rectification

Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact any employee of the controller. •    

(d) Right to erasure (right to be forgotten)

Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:

• The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
• The data subject withdraws consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
• The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
• The personal data have been unlawfully processed.
• The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
• The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.

If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by BIA, he or she may, at any time, contact any employee of the controller. An employee of BIA shall promptly ensure that the erasure request is complied with immediately.
Where BIA has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, BIA, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. An employee of BIA will arrange the necessary measures in individual cases.

(e) Right of restriction of processing

Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:

• 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 and the data subject opposes the erasure of the personal data and requests the restriction of their use instead.
• The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
• The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.

If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by BIA, he or she may at any time contact any employee of the controller. The employee of BIA will arrange the restriction of the processing.

(f) Right to data portability

Each data subject shall have the right granted by the European legislator to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not 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, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.

In order to assert the right to data portability, the data subject may at any time contact any employee of BIA.

(g) Right to object

Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR.

This also applies to profiling based on these provisions. BIA shall no longer process the personal data in the event of the objection, unless it can be demonstrated that there are compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims. If BIA processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing.

This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to BIA processing personal data for direct marketing purposes, the BIA will no longer process the personal data for these purposes. In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by the BIA for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

In order to exercise the right to object, the data subject may contact any employee of the BIA. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.

(h) Automated individual decision-making, including profiling

Each data subject shall have 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 or her, or similarly significantly affects him or her, as long as the decision

• is not necessary for entering into, or the performance of, a contract between the data subject and a data controller, or
• is not authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, or
• is not based on the data subject's explicit consent.

If the decision

• is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or 
• it is based on the data subject's explicit consent, BIA shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.

If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may, at any time, contact any BIA employee.

(i) Right to withdraw data protection consent

Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time.

If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact any BIA employee.

7. Data protection regarding applications and application processes

In the following, we will explain how we use your personal data in connection with your application and provide you with other relevant information in this context.

(a) Who is in charge of processing your personal data?

The BIA Kunststoff- und Galvanotechnik GmbH & Co. KG, Lotharstraße 6, 42655 Solingen (hereafter referred to as “BIA”) is responsible for the processing of your data pursuant to the European General Data Protection Regulation (“GDPR”).

(b) Data protection officer

For all questions regarding the processing of your personal data and the exercising of your rights pursuant to the GDPR you may contact our data protection officer (for contact details please refer to Section 1 of this Privacy Policy).

(c) For what purpose and on which legal basis do we process personal data?

We process your personal data for the purpose of your application for employment, to the extent that this is necessary for the decision to establish employment with us. § 26 para. 1 in conjunction with para. 8, page 2 BDSG (German Federal Data Protection Act) form the legal basis for this processing of personal data.

Processing of your personal data is also lawful to the extent that this is required to reject asserted legal claims resulting from an application process against us. This is permitted pursuant to Art. 6 para. 1(f) GDPR. A legitimate interest is e.g. a burden of proof in proceedings pursuant to the German General Act on Equal Treatment (AGG).

In the event that an employment contract is concluded between you and us, we are entitled to process the personal data we received from you for the purpose of the employment relationship pursuant to Art. 26, para 1 BDSG (German Federal Data Protection Act), to the extent that this is required for the implementation or termination of the occupational relationship or for the execution or fulfilment of the rights and duties in connection with employee representation in accordance with the law or a wage, company or service agreement (collective agreement).

(d) Which categories of personal data do we process?

We process data which were collected in connection with your application. These may include general personal information (such as name, address and contact details), information regarding your professional qualifications and school eduction, or information on vocational training or other information you provide in connection with your application. In addition, we may process publicly available professional information, such as a profile in professional social media networks.

(e) Which categories of receiptients of personal data do we distinguish?

We are entitled to transmit your personal data to our affiliate companies to the extent that this is permitted for the purpose and legal bases stipulated in Art. 3. In addition, personal data are processed on our behalf in accordance with agreements pursuant to Art. 28 GDPR, especially by host providers or suppliers of application management systems (pls. refer to Section 9 of this Privacy Policy).

(f) How long will your personal data be stored?

We store your personal data for the duration required to take a decision regarding your application. If no employment contract is concluded between you and us, we are authorised to extend the data storage period, if this is required to defend ourselves against potential legal claims. The application documents will be deleted six months after the announcement of the declination, unless a longer storage is required due to legal disputes or because the applicant has provided express consent to a longer storage in the pool of applicants.

(g) What are your rights?

As an applicant, you have the following data protection rights depending on your specific case, and you may contact us or our data protection officer at any time using the contact data listed in Section 1 and 2 of this Privacy Policy:

(1)    Right of access by the data subject

You have the right to request information about your personal data we process and to request to access your personal data and/or ask for copies of the data. This includes information about the purposes of the processing for which the personal data are intended, the category of the data used, their recipients and the persons entitled to access the data as well as, if possible, the planned duration of the data storage or, if this is not possible, the criteria governing the determination of this duration.

(2)    Right to rectification, erasure and restriction of processing

You have the right to ask us for an immediate rectification of any incorrect personal data we have stored about you. Taking into account the purpose of the processing of your data, you have the right to request the completion of incomplete personal data – also by means of an additional explanation.

(3)    Right to object

In the event that the processing of your personal data takes place in accordance with Art. 6 Abs. 1 (f) GDPR, you have the right to object to the processing of your data based on legitimate grounds relating to your particular situation. We will then cease to object to the use of these personal data, unless we can provide compelling, legitimate grounds, which outweigh your interests, rights and freedoms, or if the processing serves the establishment, exercise or defence of legal claims.

(4)   Right of revocation

If the processing is based on your consent, you have the right to revoke this consent at any time without affecting the legal grounds that had authorised us to process your data before the revocation. To do so, you may contact our data protection officer(s) at any time under the contact details provided above. 

(5)   Right to erasure

You have the right to ask us to  erase any personal data without delay and we are required to erase your personal data immediately, if the following reasons apply:

• The personal data are no longer required for the purpose for which they were collected or otherwise processed;
• You object to the processing of the data pursuant to the above listed Section 8 c and there are no overriding grounds for their processing;
• Your personal data were processed unlawfully;
• The erasure of your personal data is required to fulfil the legal obligations pursuant to EU legislation or pursuant to the laws of one of the member states, which we are goverened by;
• This does not apply, if processing is required
  - for the fulfilment of legal obligations which must be fulfilled pursuant to EU legislation or pursuant to the laws of one of the member states, which we are goverened by;
  - for the establishment, exercise or defence of legal claims.

(6)    Right to restriction of processing

You have the right to ask us to restrict the processing of your data, if the following conditions apply:

• You deny the acuracy of the personal data, for a period in which it is possible for us to verify the acuracy of the personal data;
• The processing is unlawful and you decline the erasure of the personal data and request a restricted use of your personal data instead;
• We no longer require the personal data for the purposes of processing, while you still require them for the the establishment, exercise or defence of legal claims, or
• You have filed an objection against the processing in accordance with the above listed Section 8 c, as long as it has not been conclusively established that our legitimate reasons outweigh yours.

If the processing was restricted as per Section (6), these personal data may – with the exception of their storage – only be processed with your consent or for the establishment, exercise or defence of legal claims, or to protect the rights of another natural or legal person or for reasons of substantial public interest of the European Union or an EU member state.

If you have obtained a restriction of the processing, we will inform you, before cancelling the restriction.

(7)    Right to complain

Notwithstanding any other administrative and legal remedy, you have the right to submit a complaint to a supervisory authority, in particular in the member state of your residence, your workplace or the place of the presumed breach, if you are of the opinion that the processing of your personal data constitutes a breach of the GDPR.

(8)    Requirement to provide personal data

The provision of personal data is neither required by law nor by contract, nor are you obliged to provide personal data. The provision of personal data is, however, required to conclude an employment contract with us. This means that we will not employ you, unless you do not provide us with personal data when applying with us.

8. Newsletter

(a) Description and extent of data processing

On our website, you can subscribe to a complimentary newsletter. If you register for the newsletter, the data you insert on the registration form will be transmitted to us.

During the registration process, we request you to provide your consent to the processing of the data and you will be referred to the data protection declaration.

Your data will not be transmitted to third parties in connection with a subscription to a newsletter. The data will only be used for the mailing of newsletters.

If you subscribe to the newsletter, you will receive our newsletter several times a year (a maximum of 4 times a year).

In order for us to send you a newsletter, we require your last name, first name and your e-mail address. If you have subscribed to the newsletter only, your data will be used exclusively for the mailing of the newsletters. There will be no transmission of your data to third parties, unless you provide your consent.

After registration for the newsletter you will receive an e-mail, in which you can confirm that you really want to receive the newsletter and that you are the owner of this particular e-mail address. We inform you of the right of revocation regarding the use of the personal data you provided in connection with your subscription to the newsletter. By clicking on “unsubscribe to the newsletter” you can request the erasure of the data you provided for the subscription to the newsletter and ensure that no further newletters will be sent.

(b) Legal basis for the processing of data

The consent of the user pursuant to Art. 6 para. 1 (a) GDPR forms the legal basis for the processeing of data after registration for the newsletter.

(c) Purpose of data processing

The collection of the user’s e-mail address serves the purpose of mailing the newsletter. The collection of other personal data during the subscription process helps to address you personally. If you do not want this, you are expressly free to register using a pseudonym.

(d) Duration of the storage

The data will be erased as soon as the purpose for which they were collected has been reached. The user’s e-mail address will thus be stored as long as the newsletter subscription is active.

(e) Opposition and removal option

The user can cancel the subscription to the newsletter at any time. For this purpose, there is a corresponding link in each newsletter. This also allows the revocation of the consent to store the personal data collected during the registration process.

(f) Newsletter mailing via an external provider

We use rapidmail to send out our newsletters. Your data is therefore transmitted to the rapidmail GmbH. The rapidmail GmbH may not use your data for any other purpose than for the mailing of the newsletter. A transmission or sale of your data by the rapidmail GmbH is not permitted. rapidmail is a German certified newsletter software supplier which has been carefully selected based on the requirements of the GDPR and the BDSG (German Federal Data Protection Act).

9. Legal basis for the processing

Art. 6(1) lit. a GDPR serves as the 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 party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. If our company is subject to a legal obligation by which processing of personal data is required, such as for the fulfilment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1) lit. d GDPR. Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the above-mentioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. The European legislator considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).

10. The legitimate interests pursued by the controller or by a third party

Where the processing of personal data is based on Article 6(1) lit. f GDPR, the legitimate interest of BIA is to carry out business in favour of the well-being of all their employees and shareholders.

11. Period for which personal data will be stored

The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfilment of the contract or the initiation of a contract.

12. Provision of personal data as statutory or contractual requirement; Requirement necessary to enter into a contract; Obligation of the data subject to provide the personal data; Possible consequences of failure to provide such data

We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). Sometimes, in order to conclude a contract, it may be necessary that the data subject provides personal data, which must subsequently be processed. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject must contact any employee. The employee clarifies to the data subject 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 the consequences of non-provision of the personal data.

13. Existence of automated decision-making

As a responsible company, we at BIA do not use automatic decision-making or profiling.

14. Changes to this privacy policy

Our Privacy Policy may be amended at random intervals in order to adapt them to the current statutory requirements or to implement changes of our services, e.g. to add new products and/or services. The updated Privacy Policy will automatically apply when you next visit our website. We recommend you read this Privacy Policy from time to time to keep up to date on how we protect your data and constantly improve our website content. If we make substantial changes to the collection, use and/or transmission of your personal data, we will make you aware of this by means of an explicit, clearly visible note on our website. By using our website you declare your consent to the stipulations of this Privacy Policy.

15. Contact

For any questions regarding this privacy policy or data protection as such, please send a message to datenschutzbeauftragter@bia-kunststoff.de stating “data protection” in the reference or contact the controller specified under Point 1.