Data Protection Policy
Thank you for your interest in our company. The management of GIZEH Verpackungen GmbH & Co. KG places great importance in data protection. In general, the websites of GIZEH Verpackungen GmbH & Co. KG may be used without providing personal data. However, if a data subject wishes to make use of special services of our company through our website, it may be necessary to process personal data. If this is the case, and if there is no legal basis for such processing, we generally obtain consent from the data subject.
Personal data, such as a data subject’s name, address, email address, and phone number, are always processed in conformity with the EU General Data Protection Regulation, as well as with country-specific data protection provisions applicable to GIZEH Verpackungen GmbH & Co. KG With this Data Protection Policy, our company provides the general public with information about the nature, scope, and purpose of personal data that we collect, use, and process. In addition, this Data Protection Policy provides data subjects with an explanation of their rights.
As the controller, GIZEH Verpackungen GmbH & Co. KG has implemented numerous technical and organisational measures in order to ensure the fullest possible protection of the personal data processed through this website. Nevertheless, data transferred over the internet may be subject to security vulnerabilities, meaning that absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us through alternative channels, such as by phone.
The Data Protection Policy of GIZEH Verpackungen GmbH & Co. KG is based on terms that are used in the EU General Data Protection Regulation (GDPR). Our Data Protection Policy is designed in such a way that it can be read and understood easily by both the general public and our customers and business partners. In order to ensure this, we would first like to explain the terms used.
In this Data Protection Policy, we use, inter alia, the following terms:
- a) Personal data: “Personal data” means any information relating to an identified or identifiable natural person (hereinafter, “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: “Data subject” means an 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 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” means the marking of stored personal data with the aim of limiting their processing in the future.
- e) Profiling: “Profiling” means 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” means 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: “Controller” means 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 determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
- h) Processor: “Processor” means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
- i) Recipient: “Recipient” means a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law are not regarded as 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 who, under the direct authority of the controller or processor, are authorised to process personal data.
- k) Consent: “Consent” of the data subject means 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 relating to him or her.
2. Name and address of the controller
The controller within the meaning of the European General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union, and other provisions in the nature of data protection law is:
GIZEH Verpackungen GmbH & Co. KG
Breiter Weg 40
Data protection officer GIZEH Verpackungen GmbH & co. KG:
Tel.: +49 2261-401-0
Data subjects may at any time prevent our website from setting cookies by adjusting the settings in the web browser being used and thus permanently object to the setting of cookies. In addition, cookies that have already been set may be deleted at any time through a web browser or other software. This is possible with all common web browsers. If the setting of cookies is deactivated in the web browser being used, certain features of our website may sometimes not be available to the full extent.
4. Collection of general data and information
Each time it is accessed by a data subject or an automated system, the GIZEH Verpackungen GmbH & Co. KG website collects a range of general data and information. Such general data and information are stored in the server's log files. The following data and information may be collected: (1) browser types and versions being used, (2) the operating system used by the accessing system, (3) the website from which the accessing system reached our website (known as the “referrer”), (4) the pages on our website visited by an accessing system, (5) the date and time of day of website access, (6) an internet protocol address (IP address), (7) the internet service provider of the accessing system, and (8) other similar data and information serving to avert threats in the event of attacks on our information technology systems.
When using such general data and information, GIZEH Verpackungen GmbH & Co. KG does not draw any inferences about the data subject. Rather, such information is needed in order (1) to properly deliver the content of our website, (2) to optimise the content of our website and the advertising for it, (3) to ensure the uninterrupted operability of our information technology systems and the technology of our website, and (4) to provide law enforcement agencies with the information needed for criminal prosecution in the event of a cyber attack. Therefore, GIZEH Verpackungen GmbH & Co. KG analyses such anonymously collected data and information for statistical purposes, as well as with the aim of increasing data protection and data security at our company in order ultimately to ensure an optimal level of protection for the personal data processed by us. The anonymous data in server log files are stored separately from all personal data provided by a data subject.
5. Registration on our website
Data subjects have the option to register on the controller's website by providing personal data. The personal data transmitted to the controller are based on the relevant input mask that is used for registration. Personal data entered by data subjects are collected and stored solely for internal use by the controller and for its own purposes. The controller may transfer them to one or more processors, such as a parcel service provider, that similarly uses the personal data solely for internal use, which is to be attributed to the controller.
In addition, by registering on the controller's website, the IP address assigned by the data subject’s internet service provider (ISP) and the date and time of day of registration are stored. Such data are stored in view of the fact that only in this way can misuse of our services be prevented, and, where necessary, such data make it possible to investigate crimes. Accordingly, such data need to be stored in order to protect the controller. As a rule, such data are not transferred to third parties, unless there is a statutory duty to do so or transfer aids in criminal prosecution.
Registration by data subjects with voluntary provision of personal data helps the controller to offer to data subjects content or services that because of the nature of the matter can be offered only to registered users. Registered individuals are at any time free to modify personal data that were provided at the time of registration or to have them completely erased from the controller's data base.
The controller will at any time provide every data subject upon request with information about the personal data about him or her that are stored. In addition, the controller will rectify or erase personal data at the request or instruction of the data subject, unless this is prevented by statutory retention duties. All of the controller's employees are available to the data subject as contact persons in this respect.
6. Routine erasure and blocking of personal data
The controller processes and stores the data subject's personal data only for the period of time necessary for achieving the purpose of storage or to the extent that this was specified by the European legislature or by another legislature in laws or provisions to which the controller is subject.
If the purpose for storage ceases to exist, or if a storage period specified by the European legislature or another competent legislature expires, the personal data are routinely blocked or erased in accordance with statutory requirements.
7. Rights of the data subject
- a) Right to confirmation: Every data subject has the right granted by the European legislature to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to make use of this confirmation right, he or she may at any time contact one of the controller's employees.
- b) Right of access: Every data subject has the right granted by the European legislature to obtain from the controller access to the personal data concerning him or her that are being stored and a copy of such data. In addition, the European legislature has granted the data subject access to the following information:
- the purposes of the processing
- the categories of personal data concerned
- the recipients or categories of recipient 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 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) GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject
- c) Right to rectification: Every data subject has the right granted by the European legislature to obtain without undue delay the 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 have incomplete personal data completed, including by means of providing a supplementary statement. If a data subject wishes to make use of this right of rectification, he or she may at any time contact one of the controller's employees.
- d) Right to erasure ("right to be forgotten”): Every data subject has the right granted by the European legislature to obtain from the controller the erasure of personal data concerning him or her without undue delay where one of the following grounds applies and 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 on which the processing is based according to point (a) of Article 6(1) GDPR, or point (a) of Article 9(2) GDPR, and where there is no other legal ground for the processing.
- the data subject objects to the processing pursuant to Article 21(1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) GDPR.
- the personal data have been unlawfully processed.
- the personal data have to 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) GDPR.
- e) Right to restriction: Every data subject has the right granted by the European legislature 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) GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
- f) Right to data portability: Every data subject has the right granted by the European legislature to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format. He or she moreover has the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where the processing is based on consent pursuant to point (a) of Article 6(1) GDPR or point (a) of Article 9(2) GDPR or on a contract pursuant to point (b) of Article 6(1) GDPR, and the processing is carried out by automated means, unless 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 Article 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 provided that this does not adversely affect the rights and freedoms of others. The data subject may at any time contact one of the controller's employees for this purpose for the purpose of asserting the right to data portability. Zur Geltendmachung des Rechts auf Datenübertragbarkeit kann sich die betroffene Person jederzeit an einen Mitarbeiter der GIZEH Verpackungen GmbH & Co. KG wenden.
- g) Right to object: Every data subject has the right granted by the European legislature 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) GDPR, including profiling based on those provisions. In the event of an objection, GIZEH Verpackungen GmbH & Co. KG will no longer process the personal data unless we demonstrate 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 GIZEH Verpackungen GmbH & Co. KG processes personal data for direct marketing purposes, the data subject has the right to object at any time to processing of personal data concerning him or her for such marketing, which includes profiling to the extent that it is related to such direct marketing. If the data subject objects to GIZEH Verpackungen GmbH & Co. KG about processing for direct marketing purposes, GIZEH Verpackungen GmbH & Co. KG will no longer process the personal data for such purposes. In addition, where personal data are processed for scientific or historical research purposes or statistical purposes pursuant to Article 89(1) GDPR, the data subject, on grounds relating to his or her particular situation, has the right to object to processing of personal data concerning him or her by GIZEH Verpackungen GmbH & Co. KG, unless the processing is necessary for the performance of a task carried out for reasons of public interest. To exercise the right to object, the data subject may directly contact any employee of GIZEH Verpackungen GmbH & Co. KG or another employee. Furthermore, in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, the data subject is free to exercise his or her right to object by automated means using technical specifications.
- h) Automated individual decision-making, including profiling: Every data subject has the right granted by the European legislature 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 performance of, a contract between the data subject and the controller, (2) is 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 (3) is based on the data subject's explicit consent. If the decision (1) is necessary for entering into, or performance of, a contract between the data subject and the controller or (2) is based on the data subject's explicit consent, GIZEH Verpackungen GmbH & Co. KG implements 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 to contest the decision. If the data subject wishes to assert rights with respect to automated decision-making, he or she may at any time contact one of the controller's employees for this purpose.
- i) Right to withdraw a consent required by data protection law Every data subject has the right granted by the European legislature to withdraw consent to the processing of personal data at any time. If the data subject wishes to assert his or her right to withdraw consent, he or she may at any time contact one of the controller's employees for this purpose.
8. Data protection in the case of applications and application processes
The controller collects and processes the personal data of applicants for the purpose of carrying out the application process. Processing may also take place electronically. This is the case, in particular, where an applicant sends relevant application documents to the controller electronically, such as by email or by using a web form found on the website. If the controller concludes an employment contract with an applicant, the transmitted data are stored for the purpose of carrying out the employment relationship, paying regard to statutory provisions. If the controller does not conclude an employment contract with the applicant, the application documents are automatically deleted two months after the rejection is announced, unless deletion is overridden by other legitimate interests of the controller. Other legitimate interest in this sense is, for example, an obligation to provide evidence in proceedings under the German General Act on Equal Treatment (AGG).
9. Data protection provisions concerning the use of Google Analytics (with anonymisation feature)
The controller has integrated the component Google Analytics (with anonymisation feature) on this website. Google Analytics is a web analysis service. Web analysis means the collection, compilation, and analysis of data about the behaviour of users on websites. A web analysis service collects, inter alia, data about the website from which a data subject reaches a website (known as the “referrer”), the pages on the website that were accessed, and how often and for how long a page was viewed. Web analysis is primarily used to optimise a website and to conduct a cost-benefit analysis of web advertising.
The Google Analytics component is operated by Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, U.S.
The controller uses the extension "_gat._anonymizeIp” for web analysis through Google Analytics. By means of this extension, Google shortens and anonymises the IP address of the data subject’s internet connection if our websites are accessed from a Member State of the European Union or from another signatory to the Agreement on the European Economic Area.
The purpose of the Google Analytics component is the analysis of visitor flows on our website. Google uses the generated data and information, inter alia, to analyse the use of our website in order to compile online reports for us showing the activities on our websites and in order to provide additional services related to the use of our website.
Google Analytics sets a cookie on the data subject’s information technology system. Cookies were explained above. The setting of the cookie makes it possible for Google to analyse the use of our website. Each time individual pages are accessed on this website, which is operated by the controller and on which a Google Analytics component has been installed, the web browser on the data subject’s information technology system is automatically prompted by the relevant Google Analytics component to transmit data to Google for the purpose of online analysis. In connection with this technical process, Google learns about personal data, such as the data subject's IP address, which Google uses, inter alia, to understand the origin of users and clicks and thus to enable it to bill for commissions.
The cookie is used to store personal information, such as time of access, the place from which access originated, and the frequency of visits to our website by the data subject. Each time our websites are visited, these personal data, including the IP address of the internet connection used by the data subject, are transferred to Google in the United States of America. These personal data are stored by Google in the United States of America. Google may in some cases pass these personal data collected through the technical process on to third parties.
The data subject can at any time prevent our website from setting cookies, as described above, by adjusting the settings in the web browser being used and thus permanently object to the setting of cookies. Such an adjustment of the settings in the web browser being used would also prevent Google from setting a cookie on the data subject's information technology system. In addition, a cookie that has already been set by Google Analytics can be deleted at any time through the web browser or other software.
Further information and Google's applicable privacy provisions can be viewed at www.google.de/intl/de/policies/privacy/ and at www.google.com/analytics/terms/de.html. Google Analytics is explained in more detail at www.google.com/intl/de_de/analytics/.
10. Legal basis of processing
Article 6(1)(a) GDPR is our company's legal basis for processing operations where we obtain consent for a specific purpose of processing. 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, with processing operations that are necessary for a delivery of goods or the provision of some other service or return service, the processing is based on Article 6(1)(b) GDPR. The same applies to processing operations that are necessary in order to take steps prior to entering into a contract, as in case of enquiries concerning our products or services. If our company is subject to a legal obligation that makes it necessary to process personal data, such as for compliance with tax obligations, the processing is based on Article 6(1)(c) GDPR. In rare cases, the processing of personal data may be necessary in order to protect the vital interests of the data subject or of another natural person. This would be the case, for instance, if a visitor to our company were to suffer an injury and as a result, his or her name, age, health insurance data, and other vital information would need to be passed on to a physician, hospital, or other third party. In that case, the processing would be based on Article 6(1)(d) GDPR. Finally, processing operations might be based on Article 6(1)(f) GDPR. This is the legal basis for processing operations that are not covered by any of the aforementioned legal bases, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, other than where such interests are overridden by the interests or fundamental rights and freedoms of the data subject. We are allowed to perform such processing operations because they were specifically mentioned by the European legislature. It took the position that a legitimate interest could be assumed where the data subject is a client of the controller (Recital 47 sentence 2 GDPR).
11. Legitimate interests pursued by the controller or by a third party
If the processing of personal data is based on Article 6(1)(f) GDPR, our legitimate interest is the conducting of our business activity for the benefit of the wellbeing of all our employees and owners.
12. Period for which the personal data will be stored
The criterion for the storage period for personal data is the relevant statutory retention period. After the period expires, the corresponding data are routinely erased, provided that they are no longer needed for contract performance or pre-contractual measures.
13. Statutory or contractual requirement to provide personal data; requirement for entering into a contract; obligation of the data subject to provide personal data; possible consequences of failure to provide such data
We inform you that the provision of personal data is sometimes a statutory requirement (e.g. tax rules) or may be the result of contractual arrangements (e.g. information about the contracting partner). Thus, for the purpose of concluding a contract, it may be necessary for a data subject to provide us with personal data, which subsequently have to be processed by us. The data subject is obligated, for example, to provide us with personal data if our company concludes a contract with him or her. Failure to provide personal data could mean that the contract will not be able to be concluded with the data subject. Prior to providing personal data, the data subject must contact one of our employees. Our employee will inform the data subject about whether the provision of personal data is a statutory or contractual requirement or a requirement necessary to enter into a contract, as well as whether there is an obligation to provide the personal data and of the possible consequences of failure to provide such data.
14. Existence of automated decision-making
As a responsible company, we do not engage in automated decision-making or profiling.
This Data Protection Policy was created by the data protection policy generator of Deutsche Gesellschaft für Datenschutz GmbH (DGD), which acts as the Stuttgart-based external data protection officer, in cooperation with the Cologne-based data protection lawyer Christian Solmecke.
Data protection officer GIZEH Verpackungen GmbH & co. KG: