Data protection
Data protection
We are very pleased that you have shown interest in our company. Data protection is of a particularly high priority for the management of TrophoSYS GmbH. The use of the Internet pages of TrophoSYS GmbH is possible without any indication of personal data; however, if a data subject wants to use special enterprise services via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of 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 TrophoSYS GmbH. By means of this data protection declaration, our enterprise 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 of their rights by means of this data protection declaration.
As the controller, TrophoSYS GmbH has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions can generally have security gaps, so absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us via alternative means, e.g. by telephone.
1. Definitions
The data protection declaration of TrophoSYS GmbH is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be easily readable and understandable for the public as well as for our customers and business partners. To ensure this, we would like to explain the terms used in advance.
In this privacy policy we use, among others, the following terms:
a) personal data
Personal data is all information relating to an identified or identifiable natural person (hereinafter referred to as the “data subject”). An identifiable natural person is one who 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 to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
b) data subject
A data subject is any identified or identifiable natural person whose personal data is processed by the controller.
c) Processing
Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
d) Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of limiting its future processing.
e) Profiling
Profiling is any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
f) Pseudonymisation
Pseudonymisation is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
g) Controller or person responsible for processing
The controller or person responsible for processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, decides on the purposes and means of processing personal data. Where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for his or her nomination may be provided for by Union or Member State law.
h) Processors
A processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
i) Recipient
Recipient is a natural or legal person, public authority, agency or other body to which personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular investigation in accordance with Union or Member State law shall not be considered recipients.
j) Third party
Third party means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons authorised to process personal data under the direct responsibility of the controller or processor.
k) Consent
Consent is any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data concerning him or her.
2. Name and address of the controller
The controller within the meaning of the General Data Protection Regulation, other data protection laws applicable in the member states of the European Union and other provisions of a data protection nature is:
TrophoSYS GmbH
Moritz-von-Rohr-Str. 1A
07745 Jena
Germany
Email: info@trophosys.com
Website: www.trophosys.com
3. Cookies
The TrophoSYS GmbH website uses cookies. Cookies are text files that are saved on a computer system via an Internet browser.
Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier for the cookie. It consists of a character string that allows websites and servers to be assigned to the specific Internet browser in which the cookie was stored. This enables the websites and servers visited to distinguish the individual browser of the data subject from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified using the unique cookie ID.
Through the use of cookies, TrophoSYS GmbH can provide the users of this website with more user-friendly services that would not be possible without the cookie setting.
Cookies can be used to optimize the information and offers on our website for the benefit of the user. As already mentioned, cookies enable us to recognize the users of our website. The purpose of this recognition is to make it easier for users to use our website. For example, the user of a website that uses cookies does not have to enter their login details every time they visit the website because this is done by the website and the cookie stored on the user's computer system. Another example is the cookie of a shopping cart in an online shop. The online shop remembers the items that a customer has placed in the virtual shopping cart using a cookie.
The data subject can prevent the setting of cookies through our website at any time by means of a corresponding setting in the Internet browser used and thus permanently object to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via an Internet browser or other software programs. This is possible in all common Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be fully usable.
4. Collection of general data and information
The website of TrophoSYS GmbH collects a series of general data and information each time the website is accessed by a data subject or an automated system. This general data and information is stored in the server's log files. The following may be collected: (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites accessed via an accessing system on our website, (5) the date and time of 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 used to avert dangers in the event of attacks on our information technology systems.
When using this general data and information, TrophoSYS GmbH does not draw any conclusions about the person concerned. Rather, this information is required to (1) correctly deliver the contents of our website, (2) optimize the contents of our website and its advertising, (3) ensure the long-term functionality of our information technology systems and the technology of our website, and (4) to 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 evaluated by TrophoSYS GmbH both statistically and with the aim of increasing data protection and data security in our company in order to ultimately ensure an optimal level of protection for the personal data we process. The anonymous data in the server log files are stored separately from all personal data provided by a person concerned.
5. Registration on our website
The data subject has the option of registering on the website of the controller by providing personal data. The personal data transmitted to the controller is determined from the respective input mask used for registration. The personal data entered by the data subject are collected and stored exclusively for internal use by the controller and for its own purposes. The controller may arrange for the data to be passed on to one or more processors, for example a parcel service provider, who also uses the personal data exclusively for internal use attributable to the controller.
By registering on the website of the controller, the IP address assigned to the data subject by the Internet service provider (ISP), the date and time of registration are also stored. This data is stored against the background that this is the only way to prevent misuse of our services and, if necessary, to enable crimes to be solved. In this respect, the storage of this data is necessary to protect the controller. This data is generally not passed on to third parties unless there is a legal obligation to pass it on or the transfer serves the purpose of criminal prosecution.
The registration of the data subject with voluntary provision of personal data enables the controller to offer the data subject content or services that, due to the nature of the matter, can only be offered to registered users. Registered persons are free to change the personal data provided during registration at any time or to have them completely deleted from the controller's database.
The controller will provide any data subject with information on request at any time about which personal data about the data subject is stored. Furthermore, the controller will correct or delete personal data at the request or indication of the data subject, provided that there are no statutory retention periods to the contrary. A data protection officer named in this data protection declaration and all employees of the controller are available to the data subject as contact persons in this context.
6. Contact option via the website
Due to legal regulations, the TrophoSYS GmbH website contains information that enables quick electronic contact with our company and direct communication with us, which also includes a general address for so-called electronic mail (email address). If a data subject contacts the controller by email 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 controller are stored for the purposes of processing or contacting the data subject. This personal data is not passed on to third parties.
7. Routine deletion and blocking of personal data
The controller shall process and store 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.
If the storage purpose no longer applies, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.
8. Rights of the data subject
a) Right to confirmation
Each data subject has the right granted by the European legislator to obtain confirmation from the controller as to whether or not personal data concerning him or her are being processed. If a data subject wishes to exercise this right of confirmation, he or she may contact our data protection officer or another employee of the controller at any time.
b) Right to information
Any person affected by the processing of personal data has the right granted by the European legislator to obtain from the controller at any time free information about the personal data stored about him or her and a copy of this information. Furthermore, the European legislator has granted the data subject the right to information about the following information:
the processing purposes
the categories of personal data being 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
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 a right to rectification or erasure of personal data concerning him or her or to restriction of processing by the controller or a right to object to such processing
the existence of a right of complaint to a supervisory authority
if the personal data are not collected from the data subject: All available information about the origin of the data
the existence of automated decision-making, including profiling, referred to in Article 22 (1) and (4) 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 has the right to obtain 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 about the appropriate safeguards in connection with the transfer.
If a data subject wishes to exercise this right to information, he or she may contact our data protection officer or another employee of the controller at any time.
c) Right to rectification
Any person affected by the processing of personal data has the right granted by the European legislator to request the immediate rectification of inaccurate personal data concerning him or her. Furthermore, taking into account the purposes of the processing, the data subject has the right to request the completion of incomplete personal data, also by means of providing a supplementary statement.
If a data subject wishes to exercise this right to rectification, he or she may contact our data protection officer or another employee of the controller at any time.
d) Right to erasure (right to be forgotten)
Any person affected by the processing of personal data has the right granted by the European legislator to request the controller to erase personal data concerning him or her without undue delay, where one of the following reasons applies and to the extent that processing is not necessary:
The personal data were collected or otherwise processed for purposes for which they are no longer necessary.
The data subject withdraws consent on which the processing is based according to point (a) of Art. 6(1) GDPR or point (a) of Art. 9(2) GDPR, and where there is no other legal ground for the processing.
The data subject objects to the processing pursuant to Art. 21 Para. 1 GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Art. 21 Para. 2 GDPR.
The personal data were processed unlawfully.
The erasure of personal data is necessary to fulfill a legal obligation under Union or Member State law to which the controller is subject.
The personal data were collected in relation to information society services offered in accordance with Art. 8 Para. 1 GDPR.
If one of the above reasons applies and a data subject wishes to request the erasure of personal data stored by TrophoSYS GmbH, he or she may contact our data protection officer or another employee of the controller at any time. The data protection officer of TrophoSYS GmbH or another employee will ensure that the erasure request is complied with immediately.
If the personal data was made public by TrophoSYS GmbH and our company as the controller pursuant to Art. 17 Para. 1 GDPR is obliged to erase the personal data, TrophoSYS GmbH shall take appropriate measures, including technical ones, taking into account the available technology and the implementation costs, in order to inform other data controllers which process the published personal data that the data subject has requested the erasure by such controllers of all links to these personal data or of copies or replications of these personal data, unless processing is required. The data protection officer of TrophoSYS GmbH or another employee will arrange the necessary measures in individual cases.
e) Right to restriction of processing
Any person affected by the processing of personal data has the right granted by the European legislator to request the controller to restrict processing if one of the following conditions 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, the data subject opposes the erasure of the personal data and requests the restriction of the use of the personal data instead.
The controller no longer needs the personal data for the purposes of the processing, but the data subject needs them to assert, exercise or defend legal claims.
The data subject has objected to processing pursuant to Art. 21 Para. 1 GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
If one of the above conditions is met and a data subject wishes to request the restriction of personal data stored by TrophoSYS GmbH, he or she may contact our data protection officer or another employee of the controller at any time. The data protection officer of TrophoSYS GmbH or another employee will arrange the restriction of processing.
f) Right to data portability
Each person concerned by the processing of personal data has the right granted by the European legislator to receive the personal data concerning him or her, which was made available to a controller, in a structured, common and machine-readable format. He or she also has the right to transmit these data to another controller without hindrance from the controller to which the personal data was made available, 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, unless the processing is 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 Art. 20(1) GDPR, the data subject has the right to have the 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.
To assert the right to data portability, the data subject may contact the data protection officer appointed by TrophoSYS GmbH or another employee at any time.
g) Right to object
Any person concerned by the processing of personal data has the right granted by the European legislator to object at any time, for reasons related to his or her particular situation, 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.
In the event of an objection, TrophoSYS GmbH will no longer process the personal data unless we can demonstrate compelling legitimate grounds for the processing which outweigh the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims.
If TrophoSYS GmbH processes personal data in order to conduct direct advertising, the data subject has the right to object at any time to the processing of personal data for the purposes of such advertising. This also applies to profiling insofar as it is associated with such direct advertising. If the data subject objects to TrophoSYS GmbH to the processing for direct marketing purposes, TrophoSYS GmbH will no longer process the personal data for these purposes.
In addition, the data subject has the right, for reasons related to his or her particular situation, to object to processing of personal data concerning him or her by TrophoSYS GmbH for scientific or historical research purposes, or for statistical purposes pursuant to Art. 89 (1) GDPR, unless the processing is necessary to perform a task carried out for reasons of public interest.
To exercise the right to object, the data subject may contact the data protection officer of TrophoSYS GmbH or another employee directly. In addition, the data subject is free in connection with the use of information society services, and notwithstanding Directive 2002/58/EC, to exercise his or her right of objection by means of automated procedures using technical specifications.
h) Automated decisions in individual cases, 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, unless the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) is not authorized 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 (3) is not based on the data subject’s explicit consent.
If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) it is made with the data subject’s explicit consent, TrophoSYS GmbH 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 rights with regard to automated decisions, he or she may contact our data protection officer or another employee of the controller at any time.
i) Right to withdraw consent under data protection law
Any person concerned by the processing of personal data has the right granted by the European legislator to withdraw his or her consent to 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 contact our data protection officer or another employee of the controller at any time.
9. Data protection for applications and in the application process
The controller collects and processes the personal data of applicants for the purpose of processing the application procedure. Processing can also be carried out electronically. This is particularly the case if an applicant submits corresponding application documents to the controller electronically, for example by email or via a web form on the website. If the controller concludes an employment contract with an applicant, the transmitted data will be stored for the purpose of processing the employment relationship in compliance with the statutory provisions. If the controller does not conclude an employment contract with the applicant, the application documents will be automatically deleted two months after the rejection decision is announced, provided that there are no other legitimate interests of the controller that conflict with deletion. Other legitimate interests in this sense include, for example, a burden of proof in proceedings under the General Equal Treatment Act (AGG).
10. Data protection provisions regarding the application and use of Facebook
The controller has integrated components of the enterprise Facebook on this website. Facebook is a social network.
A social network is a social meeting place on the Internet, an online community that generally allows users to communicate with each other and interact in virtual space. A social network can serve as a platform for exchanging opinions and experiences or allows the Internet community to provide personal or company-related information. Facebook allows users of the social network to create private profiles, upload photos and network via friend requests, among other things.
The operating company of Facebook is Facebook, Inc., 1 Hacker Way, Menlo Park, CA 94025, USA. If a data subject lives outside the USA or Canada, the controller for the processing of personal data is Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.
Each time one of the individual pages of this website is accessed, which is operated by the controller and on which a Facebook component (Facebook plug-in) was integrated, the Internet browser on the information technology system of the data subject is automatically prompted by the respective Facebook component to download a display of the corresponding Facebook component from Facebook. A complete overview of all Facebook plug-ins can be accessed at https://developers.facebook.com/docs/plugins/?locale=de_DE. As part of this technical procedure, Facebook receives knowledge of which specific subpage of our website is visited by the data subject.
If the data subject is logged in to Facebook at the same time, Facebook recognizes which specific sub-page of our website the data subject visits each time the data subject visits our website and for the entire duration of their stay on our website. This information is collected through the Facebook component and assigned by Facebook to the respective Facebook account of the data subject. If the data subject clicks on one of the Facebook buttons integrated on our website, e.g. the "Like" button, or if the data subject makes a comment, Facebook assigns this information to the personal Facebook user account of the data subject and stores these personal data.
Facebook always receives information via the Facebook component that the data subject has visited our website, provided that the data subject is logged in to Facebook at the same time as accessing our website; this occurs regardless of whether the data subject clicks on the Facebook component or not. If such a transmission of this information to Facebook is not desirable for the data subject, he or she can prevent this by logging out of their Facebook account before accessing our website.
The data policy published by Facebook, which can be accessed at https://de-de.facebook.com/about/privacy/, provides information about the collection, processing and use of personal data by Facebook. It also explains which setting options Facebook offers to protect the privacy of the data subject. In addition, various applications are available that make it possible to suppress data transmission to Facebook, for example the Facebook Blocker from the provider Webgraph, which can be obtained at http://webgraph.com/resources/facebookblocker/. Such applications can be used by the data subject to suppress data transmission to Facebook.
11. Data protection provisions regarding the application and use of Instagram
The controller has integrated components of the Instagram service on this website. Instagram is a service that can be qualified as an audiovisual platform and enables users to share photos and videos and also to disseminate such data on other social networks.
The operating company of the Instagram services is Instagram LLC, 1 Hacker Way, Building 14 First Floor, Menlo Park, CA, USA.
Each time one of the individual pages of this website, which is operated by the controller and on which an Instagram component (Insta button) has been integrated, is accessed, the Internet browser on the information technology system of the data subject is automatically prompted by the respective Instagram component to download a display of the corresponding component from Instagram. As part of this technical procedure, Instagram receives knowledge of which specific subpage of our website is visited by the data subject.
If the data subject is logged in to Instagram at the same time, Instagram recognizes which specific sub-page the data subject visits each time the data subject visits our website and for the entire duration of their stay on our website. This information is collected by the Instagram component and assigned by Instagram to the respective Instagram account of the data subject. If the data subject clicks on one of the Instagram buttons integrated on our website, the data and information transmitted with it are assigned to the personal Instagram user account of the data subject and stored and processed by Instagram.
Instagram always receives information via the Instagram component that the data subject has visited our website, provided that the data subject is simultaneously logged in to Instagram at the time of accessing our website; this occurs regardless of whether the data subject clicks on the Instagram component or not. If such a transmission of this information to Instagram is not desirable for the data subject, he or she can prevent this by logging out of their Instagram account before accessing our website.
Further information and Instagram’s applicable privacy policy can be found at https://help.instagram.com/155833707900388 and https://www.instagram.com/about/legal/privacy/.
12. Legal basis for processing
Art. 6 I lit. a GDPR serves our company 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 to fulfill a contract to which the data subject is a party, as is the case, for example, with processing operations 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 processing operations that are necessary to carry out pre-contractual measures, for example in cases of enquiries about our products or services. If our company is subject to a legal obligation which requires the processing of personal data, such as to fulfill tax obligations, the processing is based on Art. 6 I lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or 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 had to be passed on to a doctor, hospital or other third parties. In that case, 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. This legal basis is used for processing operations that are not covered by any of the aforementioned legal bases if the processing is necessary to protect a legitimate interest of our company or a third party, provided that the interests, fundamental rights and freedoms of the data subject do not prevail. We are permitted to carry out such processing operations in particular because they were 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 controller (Recital 47, Sentence 2 GDPR).
13. Legitimate interests in the processing pursued by the controller or by 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 activities for the benefit of the well-being of all our employees and our shareholders.
14. Period for which personal data will be stored
The criterion for the duration of storage of personal data is the respective statutory retention period. After expiry of the period, the corresponding data is routinely deleted unless it is no longer required to fulfill or initiate a contract.
15. Legal or contractual provisions for 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 non-provision
We would like to inform you that the provision of personal data is sometimes required by law (e.g. tax regulations) or may also arise from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary for a data subject to provide us with personal data in order to conclude a contract, which we must subsequently process. 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 the personal data would mean that the contract with the data subject could not be concluded. Before the data subject provides personal data, the data subject must contact our data protection officer. Our data protection officer will inform the data subject on a case-by-case basis 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 what the consequences of not providing the personal data would be.
16. Existence of automated decision-making
As a responsible company, we do not use automated decision-making or profiling.
This privacy policy was created by the privacy policy generator of the DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as an external data protection officer, in cooperation with RC GmbH, which recycles used computers, and the law firm WILDE BEUGER SOLMECKE | Rechtsanwälte.
