GDPR.

Table of Contents

• Duty to provide information when collecting data from the data subject pursuant to Art. 13 GDPR for customers
• Duty to provide information when collecting data from the data subject pursuant to Art. 13 GDPR for job applicants

Duty to provide information when collecting data from the data subject pursuant to Art. 13 GDPR for customers

1. Name and contact details of the data controller

Responsible for the data collection is:

everstox GmbH
Ganghoferstr. 68b
80339 Munich
Germany
[email protected]

Tel.: +49 (0) 172 820 9619
www.everstox.com

2. Contact details of the Data Protection Officer (DPO)

DataCo GmbH
Dachauer Str. 65
80335 Munich
Germany
email: [email protected]

3. Purpose and legal basis of data processing

Purpose of processing:

Your personal data is processed for the following purposes:

• To process your inquiry as an interested party.
• To carry out pre-contractual measures
• Establishment, implementation and termination of the contractual relationship
• Inclusion in our contact database
• Establishing contact (e-mail, telephone)
• Customer administration and customer care – esp. the processing of customer inquiries
• Direct advertising in the form of telephone calls and e-mails
• Creation of invoices
• Fulfillment of post-contractual measures
• Assertion, exercise or defense of legal claims
• Credit assessment
• Newsletter dispatch

Legal basis of data processing:

Your data is processed by virtue of – Art. 6 para. 1 p. 1 lit. a GDPR  in conjunction with. Art. 7 GDPR

Insofar as we obtain your consent for the processing of your personal data, Art. 6 para. 1 p. 1 lit. a GDPR in conjunction with. Art. 7 GDPR as the legal basis.

Processing on the basis of legitimate interest

Such data processing according to Art. 6 (1)(1) lit f GDPR is justified because of your data is processed in order to fulfill a contract to which you are a party and/or to carry out pre-contractual measures that take place at your request. The legal basis for data processing in these cases is Art. 6 para. 1 p. 1 lit b GDPR.

Processing for the fulfillment of a legal obligation – Art. 6 para. 1 p. 1 lit. c GDPR. 

Where necessary, we are legally obliged to process your personal data, Art. 6 para. 1 p. 1 lit b DS-GVO. Our legal obligation to process data results, for example, from obligations to retain data under tax and commercial law.

Processing on the basis of legitimate interest – Art. 6 para. 1 p. 1 lit. f GDPR.

Insofar as the processing is carried out to protect a legitimate interest of us or a third party and their interests or fundamental rights and freedoms do not outweigh the first-mentioned interest, Art. 6 (1) p. 1 lit. f GDPR serves us as the legal basis for the data processing. Our legitimate interest arises in particular from the following reasons:

• Testing and optimization of procedures for direct customer contact and needs analysis.
• Market and opinion research, insofar as you have not objected to the use of this data for these purposes
• Assertion, exercise or defense of legal claims
• Ensuring better customer service
• Measures for business management and further development of our products.

4. Recipients or categories of recipients of personal data

We only transfer your personal data to third parties if this is permitted by law or you have consented. Recipients are in particular:

• Warehousing and Shipping Service companies
• Banking institutions
• Authorities (tax offices, courts)
• Suppliers
• Tax consultants
• Lawyers
• Processors such as agencies and software providers for video streaming or video conferencing
• Partner companies such as those listed on: https://everstox.com/our-partners/
• Prospective buyers

The transmission is basically for the purpose of delivering the goods ordered from us, for billing purposes and for the assertion, exercise or defense of legal claims (to the extent necessary).

In the event of a planned sale of the company, the personal data may also be passed on to possible prospective buyers. Your data will be processed anonymously as far as possible. In the event that prospective buyers wish to conduct interviews with you, we will seek your consent in advance. The legal basis for the disclosure of data to prospective buyers refers to the legitimate interest pursuant to Art. 6 para. 1 lit. f) GDPR.

5. Transmission of personal data to a third country

It is intended for your personal data to be transmitted to a third country.

The EU Commission decided on June 28, 2020 that personal data to the United Kingdom will be protected in the same way as in the European Union.

6. Duration of storage of personal data

We will delete your personal data as soon as the purposes for its storage mentioned in section 3 no longer apply or you object to the use of your personal data (in the case of processing on the basis of legitimate interests) or you revoke your previously given consent. However, your personal data may also be stored beyond this, in particular in the following cases:

• Insofar as there are still outstanding obligations from the contractual relationship
• if contractual, statutory (in particular from HGB, StGB and AO) or statutory retention periods prevent deletion
• For the assertion, exercise or defense of legal claims
• If this is required by European or national law to fulfill a legal obligation to which we are subject

7. Rights of the data subject(s)

According to the GDPR you have the following rights:

If your personal data is being processed, you have the right to be informed by the data controller about all personal data that concerns you personally (Art. 15 GDPR).

If the personal data that is being processed is incorrect or inaccurate, you are entitled to demand for the data to be corrected (Art. 16 GDPR).

If the relevant legal requirements are fulfilled, you may demand for the deletion or limitation of the processing and have the right to object to the processing altogether (Art. 17, 18, and 21 GDPR).

If you have consented to data processing or a data-processing contract and the processing of data is carried out using automated procedures, you may be entitled to data transferability (Article 20 GDPR).

Furthermore, a right of appeal exists with a supervisory authority (Art. 77 GDPR).

8. Right to revoke consent

If you have officially consented to the processing of your data by the data controller, you may revoke your consent at any time. The legality of the data processing carried out on the basis of the consent that was obtained prior to the revocation will not be affected.

9. Obligation to provide data according to 21 GDPR

You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you which is based on legitimate interests, Article 21(1) GDPR. In these cases, we will no longer process your personal data unless we can demonstrate compelling legitimate interests for the processing that override your interests, rights and freedoms, or the processing serves the assertion, exercise or defense of legal claims.

Duty to provide information when collecting data from the data subject pursuant to Art. 13 GDPR for job applicants

10. Name and contact details of the data controller

Responsible for the data collection is:

Everstox GmbH
Ganghoferstr. 68B
D-80799 Munich
[email protected]

Tel.: +49 173 599 6258
www.everstox.com

11. Contact details of the Data Protection Officer (DPO)

DataCo GmbH
Dachauer Str. 65
80335 Munich
email: [email protected]

12. Purpose and legal basis of data processing

Purpose of processing:

Your personal data is processed for the following purposes:

• Conducting the application procedure and deciding on the establishment of the employment relationship
• Communication (telephone, e-mail)
• Implementation of pre-contractual measures (initiation of the employment relationship)
• Inclusion of applicant data in an applicant pool
• Assertion, exercise or defense of legal claims arising from the application process

Legal basis of data processing:

Processing on the basis of consent – Art. 6 para. 1 p. 1 lit. a GDPR i.V.m. Art. 7 GDPR, Art. 88 para. 1 GDPR in conjunction with. Art. 26 para. 2 Federal Data Protection Act (BDSG)

If you have given your consent to data processing, your data will be processed according to Art. 6 para. 1 p. 1 lit. a GDPR in connection with Art. 7 GDPR, Art. 88 para. 1 BDSG. Art. 7 GDPR, Art. 88 para. 1 GDPR in conjunction with. Art. 26 para. 2 BDSG processed.

Decision on the establishment of the employment relationship Art. 6 para. 1 p. 1 lit. b GDPR, Art. 88 para. 1 GDPR in conjunction with. § Section 26 (1) BDSG

We process your data in order to make a decision on the establishment of the employment relationship. In the event of employment in our company, your data will be processed for the purpose of implementing and terminating the employment relationship. Separate information on the processing of your personal data will be provided for this purpose.

Processing on the basis of legitimate interest – Art. 6 para. 1 p. 1 lit. f GDPR.

Insofar as the processing is carried out to protect a legitimate interest of us or a third party and their interests or fundamental rights and freedoms do not outweigh the first-mentioned interest, Art. 6 (1) p. 1 lit. f GDPR serves us as the legal basis for the data processing. Our legitimate interest results in particular from the following reasons:

• The proper implementation and optimization of the application process.
• Assertion, exercise or defense of legal claims.

Processing of special categories of personal data – Art. 9 (2) lit. a GDPR.

If you have given your consent to the processing of special categories of personal data, such as health data, religious affiliation or nationality, your data will be processed in accordance with Art. 9 (2) lit. a GDPR.

Processing of special categories of personal data that have been made public – Art. 9 (2) lit e GDPR.

Insofar as special categories of personal data are processed that you have obviously made public, your data will be processed pursuant to Art. 9 (2) lit e GDPR.

Processing for the purpose of asserting, exercising or defending legal claims or in the case of acts of the courts – Art. 6 para. 1 p. 1 lit f GDPR, Art. 9 para. 1 lit f GDPR.

If necessary, your data will be processed for the purpose of asserting, exercising or defending legal claims or in the case of acts of the courts pursuant to Art. 6 para. 1 sentence 1 lit f GDPR, Art. 9 para. 1 lit f GDPR.

13. Recipients or categories of recipients of personal data

Your personal data will be shared with:

• External employees
• Processors such as agencies and software providers for recruiting processes

14. Transmission of personal data to a third country

It is intended for your personal data to be transmitted to a third country.

The EU Commission decided on June 28, 2020 that personal data to the United Kingdom will be protected in the same way as in the European Union.

15. Duration of storage of personal data

We will delete your personal data as soon as the purposes for its storage mentioned in section 3 no longer apply or you object to the use of your personal data (in the case of processing on the basis of legitimate interests) or you revoke your previously given consent. However, your personal data may also be stored beyond this, in particular in the following cases:

• if contractual, legal (in particular from HGB, StGB and AO) or statutory retention periods prevent deletion
• for the assertion, exercise or defense of legal claims
• if this is required by European or national law to fulfill a legal obligation to which we are subject.

Legal provisions result in the following storage periods for us in particular:

• After decision on non-occupation: 6-month retention period for application documents (Section 15 (4) General Equal Treatment Act (AGG), Section 224 Code of Civil Procedure (ZPO)).

If the applicant has consented, the applicant documents are included in the applicant pool and kept there for a maximum of 2 years from the date of consent. They are deleted when the purpose ceases to apply or the consent is revoked by the applicant.

In the case of employment in our company, your personal data will be deleted when the purpose ceases to apply, at the latest after termination of the employment relationship, provided that no legal retention periods prevent deletion.

16. Rights of the data subject(s)

According to the GDPR you have the following rights:

If your personal data is being processed, you have the right to be informed by the data controller about all personal data that concerns you personally (Art. 15 GDPR).

If the personal data that is being processed is incorrect or inaccurate, you are entitled to demand for the data to be corrected (Art. 16 GDPR).

If the relevant legal requirements are fulfilled, you may demand for the deletion or limitation of the processing and have the right to object to the processing altogether (Art. 17 and 18 GDPR).

If you assert the right to rectification, erasure or restriction of processing of your personal data, we will notify all recipients of your data of this rectification, erasure or restriction (Art. 19 GDPR).

If you have consented to data processing or a data-processing contract and the processing of data is carried out using automated procedures, you may be entitled to data transferability (Article 20 GDPR).

Furthermore, a right of appeal exists with a supervisory authority (Art. 77 GDPR).

17. Right to revoke consent

If you have officially consented to the processing of your data by the data controller, you may revoke your consent at any time. The legality of the data processing carried out on the basis of the consent that was obtained prior to the revocation will not be affected.

18. Obligation to provide data according to 21 GDPR

You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you which is based on legitimate interests, Article 21(1) GDPR. In these cases, we will no longer process your personal data unless we can demonstrate compelling legitimate interests for the processing that override your interests, rights and freedoms, or the processing serves the assertion, exercise or defense of legal claims.