• Affected Rights

WHO IS RESPONSIBLE FOR DATA PROCESSING AND WHOM CAN YOU CONTACT?

DRACOON GmbH
Galgenbergstrasse 2a
93053 Regensburg
Germany

Phone: +49 (941) 7 83 85 – 0
Email: info@dracoon.de

The company data protection officer is

Christian Volkmer
Project 29 GmbH & Co. KG
Ostengasse 14
93047 Regensburg
Germany

Phone: +49 (941) 29 86 93 – 0
Email: c.volkmer@projekt29.de

WHAT DATA IS PROCESSED AND WHERE DOES THIS DATA COME FROM?

We process the data that we have received from you within the framework of contract initiation or processing, on the basis of consent or within the framework of your application to us or within the framework of you as an employee.

Personal data includes:

Your master/contact data, concerning customers this includes their first and last name, address, contact data (e-mail address, telephone number, fax), bank data.

For applicants and employees, this includes, for example, first and last name, address, contact data (e-mail address, telephone number, fax), date of birth, data from CV and references, bank data, religious affiliation.

For business partners, this includes, for example, the name of their legal representative, company, trade register number, VAT number, company number, address, contact person contact data (e-mail address, telephone number, fax), bank data.

In addition, we also process the following additional personal data:

  • Information on the type and content of contract data, order data, sales and document data, customer and supplier history and consulting documents,
  • Advertising and sales data,
  • Information from your electronic dealings with us (e.g. IP address, log-in data),
  • other data that we have received from you in the course of our business relationship (e.g. in customer meetings),
  • Data that we generate ourselves from master / contact data and other data, e.g. by means of customer requirements and customer potential analyses,
  • the documentation of your declaration of consent for receiving newsletters, for example.

FOR WHAT PURPOSES AND ON WHAT LEGAL BASIS IS THE DATA PROCESSED?

We process your data in accordance with the provisions of the General Data Protection Regulation (GDPR) and the Federal Data Protection Act 2018 in the currently valid version:

for the fulfilment of (pre-)contractual obligations (Art 6 Para. 1lit.b GDPR):

Your data will be processed online or in one of our branches to process the contracts of your employees in our company. The data will be processed in particular during the initiation of business transactions and the execution of contracts with you.

to fulfil legal obligations (Art 6 Para. 1 lit.c GDPR):

A processing of your data is necessary for the purpose of fulfilling different legal obligations, e.g. from the Commercial Code or the Tax Code.

to protect legitimate interests (Art 6 Para. 1 lit.f DS-GMO):

On the basis of a balance of interests, data may be processed beyond the actual performance of the contract to protect the legitimate interests of us or third parties. Data processing to protect legitimate interests takes place in the following cases, for example:

  • Advertising or marketing (see No. 4);
  • Measures for business management and further development of services and products;
  • Maintaining a group-wide customer database to improve customer service;
  • in the context of legal proceedings.

within the scope of your consent (Art 6 Para. 1lit.a GDPR):

If you have given us your consent to process your data, e.g. to send you our newsletter.

PROCESSING OF PERSONAL DATA FOR ADVERTISING PURPOSES

You can object to the use of your personal data for advertising purposes at any time, either as a whole or for individual measures, without incurring any costs other than the transmission costs according to the basic rates.

Under the legal requirements of § 7 para.3 UWG, we are entitled to use the e-mail address you provided when concluding the contract for direct advertising of our own similar goods or services. You will receive these product recommendations from us regardless of whether you have subscribed to a newsletter.

If you do not wish to receive such recommendations from us by e-mail, you can object to the use of your address for this purpose at any time without incurring any costs other than the transmission costs according to the basic rates. A message in text form is sufficient for this. Of course, every e-mail always contains an unsubscribe link.

WHO RECEIVES MY DATA?

If we use a service provider in the context of order processing, we nevertheless remain responsible for the protection of your data. All contractors are contractually obliged to treat your data confidentially and to process it only within the scope of the provision of services. The contractors commissioned by us will receive your data if they require it to perform their respective services. These are, for example, IT service providers that we need for the operation and security of our IT system as well as advertising and address publishers for our own advertising campaigns.

Your data will be processed in our customer database. The customer database supports the enhancement of the data quality of existing customer data (duplicate cleanup, moved/passed away indicator, address correction), and enables enrichment with data from public sources.

This data is made available to the Group companies to the extent necessary for contract processing. Customer data is stored separately for each company, with our parent company acting as a service provider for the individual participating companies.

If there is a legal obligation and in the context of legal prosecution, authorities and courts as well as external auditors may be recipients of your data.

In addition, insurance companies, banks, credit agencies and service providers may also be recipients of your data for the purpose of initiating and fulfilling contracts.

HOW LONG WILL MY DATA BE STORED?

We process your data until the end of the business relationship or until the expiry of the applicable statutory retention periods (e.g. from the German Commercial Code, the Fiscal Code, the Home Care Act or the Working Hours Act); in addition, until the end of any legal disputes in which the data is required as evidence.

WILL PERSONAL DATA BE TRANSFERRED TO A THIRD COUNTRY?

In principle, we do not transfer any data to a third country. A transmission will only take place in individual cases on the basis of an adequacy decision of the European Commission, standard contractual clauses, suitable guarantees or your expressed consent.

WHAT DATA PROTECTION RIGHTS DO I HAVE?

You have a right to information, correction, deletion or restriction of the processing of your stored data, a right of objection against the processing as well as a right to data transferability and to a complaint in accordance with the requirements of data protection law.

Right to information:

You can request information from us as to whether and to what extent we process your data.

Right to correction:

If we process your data that is incomplete or incorrect, you can request that we correct or complete it at any time.

Right of deletion:

You can request for us to delete your data if we process it unlawfully or if the processing interferes disproportionately with your legitimate protection interests. Please note that there may be reasons that prevent immediate deletion, e.g. in the case of legally regulated storage obligations.

Irrespective of the exercise of your right to deletion, we will delete your data immediately and completely, unless there is a legal transaction or legal obligation to retain it.

Right to limitation of processing:

You may request us to limit the processing of your data if

  • You deny the accuracy of the data for a period of time that allows us to verify the accuracy of the data,
  • the processing of the data is unlawful, but you refuse to delete it and instead request a restriction on the use of the data,
  • we no longer need the data for the intended purpose, but you still need this data to assert or defend legal claims, or
  • you have lodged an objection to the processing of the data.

Right to data portability:

You may require us to provide you with the data you have provided to us in a structured, current and machine-readable format and to allow you to pass this data to another person in charge without our interference, provided that

  • we process this data on the basis of a revocable agreement you have given or to fulfil a contract between us, and that
  • this processing is carried out using automated methods.

If it is technically feasible, you can ask us to transfer your data directly to another person responsible.

Right of objection:

If we process your data for legitimate reasons, you can object to this data processing at any time; this would also apply to profiling based on these provisions. We will then no longer process your data unless we can prove compelling reasons worthy of protection for the processing that outweigh your interests, rights and freedoms or unless the processing serves to assert, exercise or defend legal claims. You can object to the processing of your data for the purpose of direct advertising at any time without giving reasons.

Right to complain:

If you are of the opinion that we violate German or European data protection law when processing your data, please contact us to clarify any questions. Of course, you also have the right to contact the supervisory authority responsible for you, the respective state office for data protection supervision.

If you wish to assert any of the above rights against us, please contact our data protection officer. In case of doubt, we may request additional information to confirm your identity.

AM I OBLIGATED TO PROVIDE DATA?

The processing of your data is necessary to conclude or fulfil your contract with us. If you do not provide us with this information, we will usually have to refuse to enter into the contract or will no longer be able to execute an existing contract and will therefore have to terminate it. However, you are not obliged to give your consent to the processing of data that is not relevant or legally required for the fulfilment of the contract.