1. General

We take the protection of your personal data very seriously. Data are "processed" by us in accordance with the applicable legal data protection regulations, in particular according to the European General Data Protection Regulation (hereafter referred to as GDPR) and the country-specific data protection regulations.

"Personal Data" means any information relating to an identified or identifiable individual. An identifiable person is one who can be identified, directly or indirectly, in particular by reference to a name, an identification number, location data, an online username or one or more special features specific to the expression of their physical, physiological, genetic, mental, economic, cultural or social identity.

"Processing" means any process performed, with or without the aid of automated procedures, or any such set of operations associated with personal data, such as collecting, recording, organizing, regulating, storing, adjusting or modifying, reading out, requesting, using, disclosing by transmission, disseminating or otherwise making available, comparing or linking, restricting, erasing or destroying.

Below, we will inform you about the processing of your data, in particular about the nature, scope and purpose of the collection and use of your personal data when you visit our website and use our offers and services and the corresponding legal basis of the individual processing operations. Furthermore, we will explain to you which rights you have with regard to data processing within the context of our privacy policy.

2. Responsible Authority for Data Processing

As the provider of our Internet services, we are responsible for the data processing. You can reach us under the following contact details:

promaintain GmbH

Registered office of the company: Gaimersheim
Register court: Ingolstadt HRA 3254
Tax number 9171/172/53201
VAT ID No. DE 246321797

 

Personally liable partner:

promaintain Verwaltungs GmbH

Registered office of the company: Gaimersheim
Registry court: Ingolstadt HRB 8474
Managing directors: Thomas Berger, Gerhard Hawemann, Philipp Merath, Harijs Cika

Phone: +49 (0) 8458 320800
Fax: +49 (0) 8458 320800-22
E-Mail: info@promaintain.de

3. Processing of Your Data

Personal data will only be processed by us if this is permitted by law, in particular for processing inquiries, fulfilling the contract, if there is a legitimate interest or if you consent to the processing of your personal data.

Below we inform you about the type, scope, purposes and the legal basis for the processing of your personal data:

a) Processing of personal data for the fulfillment of a contract or for the implementation of necessary pre-contractual measures, which are carried out at your request

If you want to use the services we offer, it may be necessary for you to provide us with personal data.

We process your personal data for the above purposes on the legal basis of Article 6 paragraph 1 letter b) GDPR in order to fulfill a contract with you or to carry out necessary pre-contractual measures, which are carried out at your request. The purpose of processing your personal data is therefore, for example, to process inquiries or to provide the desired service. Without providing the personal data, we cannot process your request and / or conclude the contract with you and cannot provide the services offered.

b) Processing of data to assert legal claims, to avert danger and to fulfill storage obligations

We also process your data in order to be able to exercise, assert or ward off legal claims arising from a contractual relationship or from pre-contractual measures and, if necessary, to enable the law enforcement authorities to prosecute those who misuse our services. This data processing takes place on the legal basis of our legitimate interests i.S.v. of Art. 6 Paragraph 1 Letter f) GDPR. Our legitimate interest in this data processing is therefore to be able to exercise, assert or defend against legal claims from the contractual relationship and, if necessary, to enable the law enforcement authorities to prosecute.

Reference is made to the right to object in accordance with section 7 of this data protection information.

In addition, we also process your personal data for the purpose of fulfilling our statutory retention requirements. The legal basis for the fulfillment of our legal storage obligations is standardized in Article 6 paragraph 1 letter c) GDPR.

c) Visit Our Website (Server Log Files)

When visiting our website, the server saves data in so-called server log files, which your Internet browser automatically sends to the server, in particular:

• Visited web pages
• Time of access
• Amount of data sent in bytes
• Source/reference, from which you came to the page
• Browser used
• Operating system used
• IP address used

The data collected are only used for statistical evaluation and to improve the website. However, the website operator reserves the right to retrospectively check the server log files should concrete evidence point to unlawful use.

The processing of this data takes place in order to enable the use of the Internet pages you have accessed, for statistical purposes, to improve our internet presence and security against illegal cyber attacks, as well as to exercise, assert or defend against legal claims. Your IP address will only be stored for as long as necessary to defend against potential cyber attacks and provide law enforcement with the information needed to prosecute.

The above-mentioned data will be processed separately from all personal data that you provide to us when you visit our website and/or use a service, and never merged.

This data processing described above has its legal basis in Article 6 paragraph 1(b) of the GDPR for carrying out necessary pre-contractual measures, which are done at your request in order to enable you to use the websites you have accessed. Insofar as the above data are processed for the purposes of security against unlawful cyber attacks, or to exercise, assert or defend against legal claims, this is done on the legal basis of Article 6 paragraph 1(f) of the GDPR. Our legitimate interest in this data processing lies in the evaluation of the data for the improvement of our Internet offer, in order to exercise, assert or defend against any legal claims if necessary, and to protect our systems against unlawful cyber attacks.

Reference is made to the right to object in accordance with section 7 of this data protection information.

d) Inquiries via contact forms on our website and email / messenger inquiries

If you send us inquiries using the contact form on our website and / or inquiries by e-mail / messenger, your details, including the contact details you provided there, will be stored by us for the purpose of processing the request and in the event of follow-up questions, until the purpose no longer applies is. We will not pass on this data without your consent or legal permission.

This data processing described above has its legal basis in Article 6 paragraph 1 letter b) GDPR for the implementation of necessary pre-contractual measures, which are carried out at your request.

e) Processing of supplier data and data from other contractual partners

Insofar as we process the data of suppliers and other contractual partners (hereinafter referred to as "contractual partner"), the following applies:

The data processed in each case, the type, scope, purpose and necessity of their processing are determined by the underlying contractual relationship or the pre-contractual relationship. The following data categories are processed by us or can be processed by us:

• master data (e.g., names and addresses),
• contact details (e.g. email addresses and telephone numbers),
• Contract data (e.g., services used, contract content, contractual communication, names of contact persons)
• Payment data (e.g. bank details, payment history).

The processing of data from suppliers and other service providers is carried out on the basis of Art. 6 Para. 1 lit. b GDPR, in order to fulfill contractual or pre-contractual obligations towards our contractual partners and to provide any services owed. Insofar as we process the data for the purpose of administration, the organization of our company, financial accounting and compliance with legal obligations (e.g. archiving), the processing bases are Art. 6 Para. 1 lit. c and lit. f GDPR. After weighing up the interests, data processing beyond the actual fulfillment of the contract can also be carried out to protect legitimate interests of us or third parties (Art. 6 Para. 1 lit.f GDPR).

f) Direct mail advertising

The processing of your name and address can also be carried out indefinitely for your own postal advertising purposes on the legal basis of Article 6 Paragraph 1 Number f) GDPR, whereby our legitimate interest lies in direct mail advertising for our own services.

The right to object in accordance with section 7 of this data protection information is pointed out.

g) Applicant data

We process applicant data only for the purpose and as part of the application process in accordance with the legal requirements. The processing of the applicant data takes place to fulfill our (pre) contractual obligations in the context of the application process within the meaning of Art. 6 Para. 1 lit. b. GDPR Art. 6 Para. 1 lit. f. GDPR if the data processing e.g. becomes necessary for us in the course of legal proceedings (in Germany, § 26 BDSG also applies).

The application process requires applicants to provide us with the applicant data. The necessary applicant data result from the job descriptions. Basically, this includes information about the person, postal and contact addresses and the documents belonging to the application, such as cover letter, curriculum vitae and certificates. In addition, applicants can voluntarily provide us with additional information.

Insofar as special categories of personal data within the meaning of Art. 9 Para. 1 GDPR are voluntarily communicated within the scope of the application process, their processing is also carried out in accordance with Art. 9 Para. 2 lit. b GDPR (e.g. health data, such as severely disabled status or ethnic origin). Insofar as special categories of personal data within the meaning of Art. 9 Para. 1 GDPR are requested from applicants, their processing is also carried out in accordance with Art. 9 Para. 2 lit. a GDPR (e.g. health data if this is necessary for the exercise of a profession).

If applicants send us their applications via e-mail, please note that e-mails are generally not sent in encrypted form and that the applicants themselves have to take care of the encryption. We can therefore accept no responsibility for the transmission of the application between the sender and receipt on our server. Instead of applying by email, applicants have the safer option to send us the application by post.

The data provided by applicants can be processed by us in the event of a successful application for the purposes of the employment relationship. Otherwise, if the application for a job offer is not successful, the applicant's data will be deleted. Applicant data will also be deleted if an application is withdrawn, which applicants are entitled to do at any time.

The deletion takes place, subject to a justified revocation of the applicants, after a period of six months, so that we can answer any follow-up questions to the application and meet our obligations to provide evidence from the Equal Treatment Act. Invoices for any reimbursement of travel expenses are archived in accordance with tax regulations.

h) Passing on your data to third parties

Your data will be passed on to us, if necessary, service providers supporting us in order to fulfill the contract or to carry out the necessary pre-contractual measures, which we have of course carefully selected. This can be a technical service provider or a service provider supporting us with payment processing or accounting.

We also reserve the right to integrate external content from third parties (e.g. you-tube videos, external map services, external graphics, etc.) on our website. If we use third-party tools, we will inform you about their use, functionality, legal basis and further details of the respective tools under point 15 of this data protection declaration.

Your personal data will only be passed on to other third parties if we are legally obliged to do so on the legal basis of Article 6 paragraph 1 letter c) GDPR and, if applicable, on the basis of our legitimate interests on the legal basis of Article 6 paragraph 1 letter f) GDPR , If your personal data is passed on on the legal basis of Article 6 paragraph 1 letter f) GDPR, we will inform you in detail in this data protection declaration about this transfer to third parties and about our respective legitimate interests. Your right to object in accordance with section 7 of this data protection declaration is pointed out.

4. Use of cookies on our website

In addition to the aforementioned data, cookies are stored on your computer when you use our website. Cookies are text files that contain data from visited websites or domains and are saved by a browser on the user's computer.

We set technically necessary cookies on our website for the operation of our website on the legal basis of Art. 6 Para. 1 lit. b GDPR.

If we use "cookies" that are not technically necessary on our website, we will give you active consent beforehand via a so-called "cookie banner" based on the legal basis of Art. 6 Para. 1 lit. a GDPR. You can also use our cookie banner to object to the use of technically unnecessary "cookies" at any time by deselecting the use of cookies in the cookie settings.

Below you will find further details of the cookies set by our site, in particular about the purpose, the duration of the function and the access options by third parties to the data of the cookies:

Cookie-Name	Purpose	Third-Party Access	Running-time
PHPSESSID	Session-Cookie	Server	End of the session
1P_JAR	Google-Maps	Google	1 Year
APISID	Google-Maps	Google	1 Year
CONSENT	Google-Maps	Google	1 Year
HSID	Google-Maps	Google	1 Year
NID	Google-Maps	Google	1 Year
SAPISID	Google-Maps	Google	1 Year
SID	Google-Maps	Google	1 Year
SIDCC	Google-Maps	Google	3 Months
SSID	Google-Maps	Google	1 Year
_Secure-3PAPISID	Google-Maps	Google	1 Year
_Secure-3PSID	Google-Maps	Google	1 Year
_Secure-APISID	Google-Maps	Google	1 Year
_Secure-HSID	Google-Maps	Google	1 Year
_Secure-SSID	Google-Maps	Google	1 Year

Prevention of the Use of Cookies with Browser Settings

Whether cookies can be set and retrieved can be determined by the settings in your browser. For example, you can disable cookies in your browser altogether, restrict it to certain websites or configure your browser to automatically notify you when a cookie is about to be placed and ask for your permission. Furthermore, you can set your browser so that cookies are automatically deleted when closing it. Finally, you may be able to activate a Do-Not-Track ("DNT") feature in your browser so that it will not automatically be tracked by any web analytics tool being used. Information about the configuration of your browser settings can be found in the help function of your respective Internet browser.

5. Time Limits for the Storage and Deletion of Personal Data

If the processing purpose for your respectively required personal data does not apply, your personal data processed by us will be routinely deleted or blocked, unless you have authorised the permanent storage of your personal data.

If individual data must be stored after it is no longer needed for processing purposes due to legal retention periods (for example tax and commercial storage regulations), the data is then blocked instead of deleted. The data to be retained may then be processed on the legal basis of Article 6 paragraph 1(c) of the GDPR only for the purposes set out above.

6. Your Rights as a Data Subject

You have the rights described below at all times:

• Right to confirmation and to information about the personal data processed by us in accordance with Article 15 of the GDPR
• Right to correct your personal data in accordance with Article 16 of the GDPR
• Right to the deletion of your personal data ("right to be forgotten") in accordance with Article 17 of the GDPR
• Right to restriction of the processing of your personal data in accordance with Article 18 of the GDPR
• Right to the transfer of your personal data in accordance with Article 20 of the GDPR
• In accordance with Article 22 of the GDPR, you have the right not to be subject to a decision based solely on automated processing - including profiling, which may have legal effect or affect you in a similar manner.

Please send us your request to the contact details provided in section 2 of this Privacy policy.

8. Right to Revocation of Consent

You may revoke your expressly granted data protection consent at any time with effect for the future. The legality of the processing carried out on the basis of the consent up to the revocation is not affected by the revocation.

9. Complaints about Violations of Data Protection to the Supervisory Authorities

If you believe that your privacy rights have been violated, you can contact the supervisory authority of your state or in the state where our headquarters is located. If a complaint relates to a company located in another federal state, the supervisory authority will forward the complaint to the supervisory authority responsible there.

10. Obligation to Notify in Connection with the Correction ot Deletion of Personal Data or the Restriction of Processing

We will notify all recipients who have disclosed personal data about any correction or deletion of personal data or a restriction of processing according to Article 16, Article 17 paragraph 1 and Article 18 of the GDPR, unless this proves to be impossible or it involves unreasonable effort. We will also inform you about these recipients upon your request.

11. Legal or Contractual Regulations for the Provision of Your Personal Data as well as Information About the Necessity for the Conclusion of the Contract and About Your Obligation to Provide the Personal Data and Possible Consequences of Non-Provision:

As described above, we collect and process your personal information, in particular for fulfilling a contract with you or carrying out pre-contractual actions that are performed upon your request. In some cases, the provision of personal data in contracts (i.e., for invoices) is required by law due to tax and/or commercial guidelines, otherwise it is a contractual or pre-contractual obligation. Unless you provide us with personal information, this will mean that we cannot conclude a contract with you and/or cannot respond to your requests.
Insofar as we process your personal data based on a legitimate interest in accordance with Article 6 paragraph 1(f) of the GDPR, the provision of your data for these purposes is neither contractually nor legally required. The details of the data processing on the basis of a legitimate interest can be found in the respective sections of the information above. Unless you provide us with personal information for these purposes, it could result in you not being able to use our website and services in part or in full.

12. Automated Decisions on a Case-by-Case Basis, Including Profiling

We do not use automated decision making, including profiling according to Article 22 paragraphs 1 and 4 of the GDPR.

13. Data Security

We use technical and organizational security measures to protect the processing of personal data, in particular against accidental or intentional manipulation, loss, destruction or against the attack of unauthorized persons. Our security measures are continuously improved in line with technological developments.

14. Questions / Comments

If you have any questions or comments about this privacy policy or general data protection, you are welcome to contact us using our contact details, which can be found in section 2 of this Privacy Policy.

15. Use of Third-Party Tools and Content

We currently use the following third-party tools on our website:

Google Maps

We use the map material from Google on our website via the so-called "Google Maps API" from Google Inc., USA. We use Google’s interactive maps because we believe they will help our visitors find the best way to find us. When using Google Maps, Google uses cookies and, in addition, your IP address and other data about the use of the Google Maps functions of visitors to our websites is processed by Google.

Information about the cookies used by Google, in particular about the purpose, the duration of function and the access options by third parties, can be found in section 4 (use of cookies on our website) of this data protection information.

Before the card service can be started, we first give you active consent via a so-called "cookie banner" on the legal basis of Art. 6 Para. 1 lit. a GDPR. You can also use our cookie banner to object to the use of technically unnecessary "cookies" at any time by deselecting the use of these cookies in the cookie settings.

Google Maps is based on a JavaScript code, so that you can prevent it from running altogether by deactivating JavaScript in the settings of your browser or installing a JavaScript blocker. Please note that the map service on our website may then not be displayed correctly.

Additional information and the terms of use for Google Maps can be found at the following link: https://www.google.com/intl/de_de/help/terms_maps.html

You can find Google's privacy policy at the following link: https://www.google.com/intl/de/policies/privacy/

Status of the data protection declaration: 20.01.2020