Thank you very much for your interest in our company. Data protection has a particularly high priority for the management of Mibic GmbH & Co. KG. The use of the Internet pages of Mibic GmbH & Co. KG is basically possible without any indication of personal data. However, if a person concerned wishes to make use of special services of our company via our website, it may be necessary to process personal data. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the person concerned.
The processing of personal data, such as the name, address, e-mail address or telephone number of a person concerned, is always carried out in accordance with the Basic Data Protection Ordinance and in accordance with the country-specific regulations applicable to Mibic GmbH & Co. KG in accordance with the country-specific data protection regulations. By means of this data protection declaration, our company wishes to inform the public about the type, scope and purpose of the personal data collected, used and processed by us. Furthermore, the persons concerned are informed about their rights by means of this data protection declaration.
Mibic GmbH & Co. KG has implemented numerous technical and organisational measures to ensure that the personal data processed via this website is as completely protected as possible. Nevertheless, Internet-based data transmissions can in principle 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, such as telephone.
1 Definitions of terms
The privacy policy of Mibic GmbH & Co. KG is based on the terms used by the European Directive and Ordinance Giver in the enactment of the Basic Data Protection Regulation (DS-GVO). Our data protection declaration should be easy to read and understand both for the public and for our customers and business partners. In order to guarantee 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 “data subject”). A natural person shall be considered identifiable if he can be identified directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or one or more specific characteristics expressing the physical, physiological, genetic, psychological, 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.
– (c) Processing
Processing” means any operation or set of operations which is carried out with or without the aid of automated processes and which relates to personal data, such as collection, recording, organisation, sorting, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or association, qualification, erasure or destruction.
– (d) Limitation of processing
Limitation of processing is the marking of stored personal data with the aim of limiting their future processing.
– e) Profiling
Profiling is any automated processing of personal data consisting of the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to the work performance, economic situation, health, personal preferences, interests, reliability, conduct, whereabouts or movement of that natural person.
– (f) Pseudonymisation
Pseudonymisation means the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the provision of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures designed to ensure that the personal data are not disclosed to an identified or unknown third party.
– (g) controller or data controller
The controller or controllers shall be 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 laid down by Union law or by the law of the Member States, the controller or controllers may be designated in accordance with Union law or with the law of the Member States on the basis of specific criteria.
– (h) Processor
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
– (i) Recipient
The recipient is a natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not that person is a third party. However, authorities which may receive personal data in the course of a specific investigation task under Union law or the law of the Member States shall not be considered as recipients.
– (j) Third parties
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 responsibility of the controller or processor, are empowered to process the personal data.
– (k) Consent
Consent shall mean any voluntary and informed and unequivocal expression of the data subject’s intention to consent to the particular case, in the form of a statement or other unambiguous confirmatory act by which the data subject indicates his or her consent to the processing of his or her personal data.
- the name and address of the controller
The person responsible in the sense of the data protection basic regulation, other data protection laws valid in the member states of the European Union and other regulations with data protection-legal character is the:
mibic GmbH & Co. KG
Ostendstrasse 25 House 6
12459 Berlin
HRA: 54761 B
Represented by:
Dr. Oliver Valet
Dr. Markus Lankers
www.mibi-c.de
- collection of general data and information
The website of Mibic GmbH & Co. KG collects a series of general data and information each time the website is accessed by a person concerned or an automated system. These general data and information are stored in the log files of the server. The (1) browser types and versions used can be recorded, (2) the operating system used by the accessing system, (3) the Internet page from which an accessing system accesses our Internet page (so-called referrer), (4) the subwebsites which are accessed via an accessing system on our Internet page, (5) the date and time of an access to the website, (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.
When using this general data and information, Mibic GmbH & Co. KG does not draw any conclusions about the person concerned. Rather, this information is required to (1) correctly deliver the content of our website, (2) optimise the content of our website and the advertising for it, (3) guarantee the long-term functionality of our information technology systems and the technology of our website and (4) provide law enforcement authorities with the information necessary for criminal prosecution in the event of a cyber attack. This anonymously collected data and information is therefore used by Mibic GmbH & Co. KG therefore evaluates this data statistically on the one hand and with the aim of increasing data protection and data security in our company on the other, in order to ultimately ensure an optimum 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 the person concerned.
4 Routine deletion and blocking of personal data
The controller shall process and store the personal data of the data subject only for the period of time necessary to achieve the storage purpose or, if so required by the European directive or regulation maker or another legislator in laws or regulations to which the controller is subject, for the period of time necessary to achieve the storage purpose.
If the storage purpose no longer applies or if a storage period prescribed by the European directive and regulation giver or another competent legislator expires, the personal data shall be blocked or deleted routinely and in accordance with the statutory provisions.
5 Rights of the data subject
– a) Right to confirmation
Any data subject shall have the right, granted by the European directive and regulation legislator, to obtain from the controller confirmation as to whether personal data concerning 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 data subject involved in the processing of personal data has the right, granted by the European directive and regulation maker, to obtain at any time, free of charge, from the controller, information on the personal data relating to him which have been stored and a copy of that information. Furthermore, the European Data Protection Supervisor has granted the data subject access to the following information:
– the processing purposes
– 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 recipients in third countries or international organisations
– if possible, the planned duration for which the personal data will be stored or, if that is not possible, the criteria for determining that duration
– the existence of a right to the rectification or erasure of personal data concerning him or her or to the limitation of the processing carried out by the controller or of 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 DS Block Exemption Regulation and, at least in these cases, meaningful information on the logic involved, the scope and the intended effects of such processing on the data subject
The data subject shall also have a right of access to 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 also has the right to obtain information on the appropriate safeguards in connection with the transfer.
If a data subject wishes to exercise this right of access, he or she may at any time contact a member of staff of the controller.
– (c) Right of rectification
Any person concerned by the processing of personal data has the right, granted by the European directive and regulation, to obtain the rectification without delay of inaccurate personal data concerning him or her. Furthermore, the data subject shall have the right, having regard to the purposes of the processing, to request the completion of incomplete personal data, including by means of a supplementary statement.
If a data subject wishes to exercise this right of rectification, he or she may at any time contact an employee of the controller for this purpose.
– d) Right to deletion (right to be forgotten)
Any person data subject to the processing of personal data shall have the right, granted by the European directive and regulation, to require the controller to erase without delay personal data concerning him or her, if one of the following reasons applies and if the processing is not necessary:
– The personal data have been collected for purposes or processed in any other way for which they are no longer necessary.
– The data subject withdraws his consent on which the processing was based pursuant to Art. 6 para. 1 letter a GDPR or Art. 9 para. 2 letter a GDPR and there is no other legal basis for the processing.
– The data subject objects to the processing pursuant to Art. 21 para. 1 DS Block Exemption Regulation and there are no overriding legitimate reasons for the processing or the data subject objects to the processing pursuant to Art. 21 para. 2 DS Block Exemption Regulation.
– The personal data have been processed unlawfully.
– The deletion of personal data is necessary to fulfil a legal obligation under Union law or the law of the Member States.
– The personal data were collected in relation to services offered by the information society pursuant to Art. 8 Para. 1 GDPR.
If one of the above-mentioned reasons applies and a person concerned initiates the deletion of personal data stored at Mibic GmbH & Co. KG, the data subject may at any time contact an employee of the data controller for this purpose. The employee of Mibic GmbH & Co. KG will ensure that the request for deletion is complied with immediately.
If the personal data has been made public by Mibic GmbH & Co. KG and our company is obliged to delete the personal data in accordance with Art. 17 para. 1 GDPR, Mibic GmbH & Co. KG, taking into account the available technology and implementation costs, takes appropriate measures, including technical measures, to inform other persons responsible for data processing who process the published personal data that the person concerned has requested the deletion of all links to this personal data or copies or replications of this personal data from these other persons responsible for data processing, insofar as the processing is not necessary. The employee of Mibic GmbH & Co. KG will take the necessary steps in individual cases.
– e) Right to limitation of processing
Any person data subject to the processing of personal data has the right, granted by the European directive and regulation, to request the controller to limit the processing if one of the following conditions is met:
– The accuracy of the personal data is contested by the data subject for a period of time which allows the data controller to verify the accuracy of the personal data.
– The processing is unlawful and the data subject refuses to delete the personal data and instead requests that the use of the personal data be restricted.
– The controller no longer needs the personal data for the purposes of processing, but the data subject needs them for the assertion, exercise or defence of legal rights.
– The data subject has lodged an objection to the processing pursuant to Art. 21 para. 1 GDPR and it is not yet clear whether the legitimate reasons of the data controller outweigh those of the data subject.
If one of the above conditions is met and a data subject requests the restriction of personal data stored at Mibic GmbH & Co. KG, the data subject may at any time contact an employee of the data controller for this purpose. The employee of Mibic GmbH & Co. KG will initiate the restriction of the processing.
– f) Right to data transferability
Any person concerned by the processing of personal data has the right, granted by the European directive and regulation, to obtain the personal data concerning him or her provided by the data subject to a controller in a structured, common and machine-readable format. It also has the right to communicate these data to another controller without being hindered by the controller to whom the personal data have been provided, provided that the processing is based on the consent pursuant to Art. 6 para. 1 letter a GDPR or Art. 9 para. 2 letter a GDPR or on a contract pursuant to Art. 6 para. 1 letter b GDPR and the processing is carried out by automated means, provided that the processing is not necessary for the performance of a task in the public interest or in the exercise of official authority entrusted to the controller.
Furthermore, when exercising his right to data transferability pursuant to Art. 20 para. 1 GDPR, the data subject shall have the right to obtain that the personal data be transferred directly from one responsible party to another responsible party, insofar as this is technically feasible and insofar as this does not impair the rights and freedoms of other persons.
In order to assert the right to data transfer, the person concerned may at any time contact an employee of Mibic GmbH & Co. KG at any time. g) Right to object
– g) Right of objection
Any person concerned by the processing of personal data has the right granted by the European directive and regulation to object at any time, for reasons related to his/her particular situation, to the processing of personal data concerning him/her under Article 6(1)(e) or (f) of the DS Block Exemption Regulation. to file an objection to data that is based on Art. 6 para. 1 letters e or f GDPR. This also applies to profiling based on these provisions.
Mibic GmbH & Co. KG will no longer process the personal data in the event of objection, unless we can prove compelling reasons for the processing worthy of protection which outweigh the interests, rights and freedoms of the person concerned, or the processing serves the assertion, exercise or defence of legal claims.
If Mibic GmbH & Co. KG processes personal data for the purpose of direct advertising, the person concerned has the right to object at any time to the processing of personal data for the purpose of such advertising. This also applies to profiling as far as it is connected with such direct advertising. If the person concerned objects to the processing for purposes of Mibic GmbH & Co. KG of the processing for purposes of direct advertising, Mibic GmbH & Co. KG will no longer process the personal data for these purposes.
In addition, the data subject has the right, for reasons arising from his/her particular situation, to object to the processing of personal data concerning him/her, which is processed by Mibic GmbH & Co. KG for scientific or historical research purposes or for statistical purposes pursuant to Art. 89 para. 1 GDPR, unless such processing is necessary for the performance of a task in the public interest.
In order to exercise the right to object, the data subject may directly contact any employee of Mibic GmbH & Co. KG or another employee directly. The data subject is also 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
Any data subject involved in the processing of personal data shall have the right, granted by the European directive and regulation maker, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects upon him or her or significantly affects him or her in a similar manner, provided that the decision (1) is not necessary for the conclusion or performance of a contract between the data subject and the data controller, or (2) is admissible by virtue of Union or national law or rules of the Member States to which the data controller is subject and which provide for adequate measures to safeguard the rights and freedoms and the legitimate interests of the data subject, or (3) is taken with the express consent of the data subject.
If the decision (1) is necessary for the conclusion or performance of a contract between the data subject and the person responsible or (2) is made with the express consent of the data subject, Mibic GmbH & Co. KG takes appropriate measures to protect 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 person responsible, to present his or her own position and to contest the decision.
If the data subject wishes to exercise rights relating to automated decisions, he or she may at any time do so by contacting an employee of the controller.
– i) Right to revoke consent under data protection law
Any person concerned by the processing of personal data has the right granted by the European directive and regulation to revoke 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 do so by contacting an employee of the controller.
- legal basis of the processing
Art. 6 I lit. a GDPR serves our company as a legal basis for processing operations in 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 person concerned is a party, as is the case, for example, with processing operations that are necessary for the delivery of goods or the provision of other services or consideration, the processing is based on Art. 6 I lit. b GDPR. The same applies to such processing operations which are necessary for the implementation of pre-contractual measures, for example in cases of inquiries regarding our products or services. Subject to The same applies to such processing operations that are necessary for the implementation of pre-contractual measures, such as in cases of inquiries about our products or services. If our company is subject to a legal obligation requiring the processing of personal data, such as for the fulfilment of tax obligations, the processing is based on Art. 6 I lit. c GDPR. In rare cases, the processing of personal data may become necessary in order to protect the vital interests of the person concerned or another natural person. This would be the case, for example, if a visitor to our company were injured and his name, age, health insurance details 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 I lit. d GDPR. Ultimately, processing operations could be based on Art. 6 I lit. f GDPR. Processing operations that 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 a third party, provided that the interests, fundamental rights and fundamental freedoms of the data subject do not predominate. Such processing operations are permitted to us 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 data controller (recital 47 sentence 2 GDPR).
- 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 GDPR, our legitimate interest is the conduct of our business for the benefit of all our employees and shareholders.
- duration for which the personal data is stored
The criterion for the duration of the storage of personal data is the respective legal retention period. After this period has expired, the corresponding data will be routinely deleted unless they are no longer required for the fulfilment or initiation of the contract.
- legal or contractual provisions on the provision of personal data; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of not providing the data
We will inform you that the provision of personal data is partly required by law (e.g. tax regulations) or may result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary for a contract to be concluded that a person concerned makes personal data available to us 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 or her. Failure to provide personal data would mean that the contract could not be concluded with the data subject. The data subject must contact one of our employees before providing personal data. Our employee will inform the data subject on a case-by-case basis whether the provision of personal data is required by law or contract or is necessary for the conclusion of a contract, whether there is an obligation to provide the personal data and the consequences of not providing the personal data.
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