Data Protection

Privacy Policy

We are delighted about your interest in our company. Data protection is of particular importance to the management of Rußbach GmbH & Co. KG. It is generally possible to use the Rußbach GmbH & Co. KG website without providing any personal data. However, if a data subject wishes to make use of specific services of our company via our website, the processing of personal data may become necessary. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain consent from the data subject.

The processing of personal data, such as the name, address, email address or telephone number of a data subject, is always carried out in accordance with the General Data Protection Regulation and in accordance with the country-specific data protection regulations that are applicable to Rußbach GmbH & Co. KG. By means of this Privacy Policy, our company would like to inform the public about the nature, scope and purpose of the personal data we collect, use and process. Furthermore, this Privacy Policy informs data subjects of their rights.

As the controller responsible for the processing of personal data, Rußbach GmbH & Co. KG has implemented numerous technical and organisational measures in order to ensure that all personal data processed via this website is protected as completely as possible. Nevertheless, internet-based data transmission can involve security gaps, and therefore absolute protection cannot be guaranteed. For this reason, every data subject is free to send personal data to us by alternative means, for example, by telephone.

1. Definition of terms

The Privacy Policy of Rußbach GmbH & Co. KG is based on the terms used by the European legislator and regulator when the EU General Data Protection Regulation (GDPR) was enacted. Our Privacy Policy is intended to be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to explain the terminology used in advance.

In this Privacy Policy, we use the following terms:

a) Personal data

Personal data is any information relating to an identified or identifiable natural person (hereinafter referred to as a "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, to an identification number, to location data, to an online identifier or to one or more factors tha tare 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 responsible for the processing.

c) Processing

Processing refers to any operation or set of operations that 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 some other form of making it available, reconciliation 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 its processing in the future.

e) Profiling

Profiling refers to any form of automated processing of personal data consisting of the use of that 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 refers to 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 is not attributed to an identified or identifiable natural person.

g) Controller or controller responsible for the processing

The controller or the controller responsible for processing is the natural or legal person, public authority, agency or any 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 appointment, may be provided for by Union or Member State law.

h) Processor

A processor refers to a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

i) Recipient

Recipient refers to a natural or legal person, public authority, agency or other body to whom personal data is disclosed, whether a third party or not. However, authorities that may receive personal data within the framework of a particular enquiry in accordance with Union or Member State law shall not be regarded as recipients.

j) Third party

Third party refers to a natural or legal person, public authority, agency or body other than the data subject, the controller, the processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.

k) Consent

Consent refers to any indication of intent given voluntarily and unambiguously by the data subject in an informed and unambiguous manner in the form of a declaration or other unambiguous confirming act that indicates the data subject has consented to the processing of their personal data.

2. Name and address of the controller responsible for processing and data information

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 and the party responsible for data information is:

Rußbach GmbH & Co. KG
AUSBAU – AKUSTIK - MALER
Holger Rußbach
Schloßstr. 12
85235 Odelzhausen
Germany

Tel.: +49-8134-55930-0
Email: holger.russbach@russbach-gmbh.de

Website: www.russbach-gmbh.de

3. Name and address of the Data Protection Officer

The Data Protection Officer of the controller is:

Siegfried Hartmann
Petershauser Str. 6
85411 Hohenkammer
Germany

Tel.: +49-8137-99859-0
Email: siegfried.hartmann@innotemis.de

Any data subject can contact our Data Protection Officer directly at any time with any questions or suggestions regarding data protection.

4. Name and address of the party responsible for data protection information

The controller's party responsible for data protection information is:

Rußbach GmbH & Co. KG
AUSBAU – AKUSTIK - MALER
Holger Rußbach
Schloßstr. 12
85235 Odelzhausen
Germany

Tel.: +49-8134-55930-0

Email: datenschutz@russbach-gmbh.de
Website: www.russbach-gmbh.de

Any data subject can directly contact our party responsible for data protection at any time for data protection information.

5. Cookies

The Rußbach GmbH & Co. KG website uses cookies. Cookies are text files that are placed and stored on a computer system via an Internet browser.

Many websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a string of characters through which websites and servers can be assigned to the specific Internet browser in which the cookie was stored. This allows internet sites and servers that have been visited to distinguish the individual's browser of the Data Subject from other Internet browsers that contain other cookies. A specific Internet browser can be recognised and identified by the unique cookie ID.

The use of cookies enables Rußbach GmbH & Co. KG to provide users of this website with more-user-friendly services that would not be possible without cookies.

By means of cookies, the information and offers on our website can be optimised for the benefit of the user. As already mentioned, cookies enable us to recognise 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 web page that uses cookies does not have to re-enter their access data each time they visit the web page because the web page and the cookie stored on the user's computer system remembers the information. Another example is the cookie of a shopping basket in the online shop. The online shop remembers the items that a customer has placed in the virtual shopping basket by means of a cookie.

The data subject can prevent the use of cookies by our website at any time by adjusting the appropriate browser setting which will permanently reject all cookies. Furthermore, cookies that have already been stored can be deleted at any time via an internet browser or other software programs. This can be done on all common Internet browsers. If the data subject deactivates the storing of cookies in their Internet browser, some functions of our website may not be fully usable.

6. Collection of general data and information

The website of Rußbach GmbH & Co. KG collects a series of general data and information every time a data subject or an automated system accesses the website. This general data and information is stored in the server's log files. We may record (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 referrer), (4) the sub-pages which are accessed via an accessing system on our website, (5) the date and time the website was accessed, (6) an Internet Protocol address (IP address), (7) the Internet service providers of the accessing system, and (8) other similar data and information used for security purposes in the event of an attack on our IT systems.

When using this general data and information, Rußbach GmbH & Co. KG does not draw any conclusions about the data subject. Instead, this information is required in order to (1) correctly deliver the contents of our website, (2) optimise the contents of our website as well as the advertising for it, (3) ensure the permanent functionality of our IT systems and the technology of our website (4) provide law enforcement authorities with the information necessary for prosecution in the event of a cyber attack. This anonymously collected data and information is therefore statistically evaluated by Rußbach GmbH & Co. KG 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 of the server log files is stored separately from all personal data provided by a data subject.

7. Registration on our website

The data subject has no possibility of registering on our website by means of an input form.

8. Possibility of making contact via the website

Due to legal regulations, the Rußbach GmbH & Co. KG website contains information that enables customers to contact our company quickly via electronic means, as well as direct communication with us, including a general so-called electronic mail address (email address). If a data subject contacts the controller by email or via a contact form, the personal data transmitted by the data subject will be stored automatically. Such personal data transmitted on a voluntary basis by a data subject to the controller will be stored for the purposes of processing or contacting the data subject. We will not pass on this personal information to third parties.

9. Routine erasure and blocking of personal data

The data controller shall process and store the 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 data controller is subject.

If the storage purpose is not applicable, or if a storage period prescribed by the European legislator and regulator or another competent legislator expires, the personal data will be blocked as a matter of course or erased in accordance with any legal requirements.

10. Rights of the data subject

a) Right to confirmation

Every data subject has the right, granted by European directives and regulations, to request confirmation from the controller as to whether personal data concerning them is being processed. If a data subject wishes to exercise this right of confirmation, they may contact the management of the controller at any time.

b) Right to information

Every person affected by the processing of personal data has the right granted by the European Directive and Regulation to obtain from the controller, at any time and free of charge, information about the personal data stored about them and a copy of this information. Furthermore, the European Directive and Regulation grants the data subject the right to obtain the following information:

the purposes of the processing
the categories of personal data that are 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 organizations
if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration
the existence of a right to rectification or erasure of personal data concerning them or to restriction of processing by the controller or a right to object to such processing
the existence of a right to lodge a complaint with a supervisory authority
if the personal data is not collected from the data subject: all available information about the origin of the data
the existence of automated decision-making, including profiling, in accordance with Article 22(1) and (4) of the GDPR and, at least in these cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject

Furthermore, the data subject has the right to obtain information about whether personal data has been transferred to a third country or to an international organization. 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, they may contact the management of the controller responsible for processing 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 them. Furthermore, the data subject has the right to request the completion of incomplete personal data, taking into account the purposes of the processing, including by means of a supplementary statement.

If a data subject wishes to exercise this right of rectification, they may contact the management of the controller responsible for the processing 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 Directive and Regulation, to request the controller to erase personal data concerning them without delay, provided that one of the following reasons applies and insofar as the processing is not necessary:

The personal data has been collected or otherwise processed for purposes for which it is no longer necessary.
The data subject revokes their consent on which the processing was based in accordance with Art. 6 (1) (a) GDPR or Art. 9 (2) (a) GDPR, and there is no other legal basis for the processing.
The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
The personal data has been processed unlawfully.
The erasure of the personal data is necessary for compliance with a legal obligation in Union or Member State law to which the controller is subject.
The personal data has been collected in relation to information society services offered in accordance with Art. 8(1) GDPR.

If one of the above reasons applies and a data subject wishes to have personal data stored by Rußbach GmbH & Co. KG deleted, they may contact the management of the controller at any time. The management of Rußbach GmbH & Co. KG will ensure that the request for deletion is complied with immediately.

If the personal data of Rußbach GmbH & Co. KG has been made public and our company is obliged to delete the personal data as the controller in accordance with Art. 17 (1) GDPR, Rußbach GmbH & Co. KG shall take appropriate measures, taking into account the available technology and implementation costs, including technical measures, to inform other controllers processing the published personal data that the data subject has requested these other controllers to delete all links to this personal data or copies or replications of this personal data, unless the processing is necessary. The management of Rußbach GmbH & Co. KG will take the necessary steps 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 is met:

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 their use instead.
The controller no longer needs the personal data for the purposes of the processing, but the data subject needs it for the establishment, exercise, or defense of legal claims.
The data subject has objected to the processing pursuant to Article 21(1) of the GDPR and it is not yet clear 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 Rußbach GmbH & Co. KG, they may contact the management of the controller at any time. The management of Rußbach GmbH & Co. KG will arrange for the processing to be restricted.

f) Right to data portability

Any person affected by the processing of personal data has the right, granted by the European legislator, to receive the personal data concerning them, which they have provided to a controller, in a structured, commonly used, and machine-readable format. They also have the right to transmit this data to another controller without hindrance from the controller to whom the personal data was provided, provided that the processing is based on consent pursuant to Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR or on a contract pursuant to Art. 6(1)(b) GDPR and the processing is carried out using 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, when exercising their 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 provided that this does not adversely affect the rights and freedoms of others.

To exercise the right to data portability, the data subject may contact the management of Rußbach GmbH & Co. KG at any time.

g) Right to object

Any person affected by the processing of personal data has the right, granted by the European legislator, to object at any time, on grounds relating to their particular situation, to the processing of personal data concerning them which is carried out on the basis of Article 6(1)(e) or (f) of the GDPR. This also applies to profiling based on these provisions.

Rußbach GmbH & Co. KG will no longer process the personal data in the event of an objection, unless we can demonstrate compelling legitimate grounds for the processing that override the interests, rights, and freedoms of the data subject, or the processing serves to assert, exercise, or defend legal claims.

If Rußbach GmbH & Co. KG processes personal data for direct marketing purposes, the data subject has the right to object at any time to the processing of personal data for such marketing purposes. This also applies to profiling insofar as it is related to such direct marketing. If the data subject objects to Rußbach GmbH & Co. KG processing their data for direct marketing purposes, Rußbach GmbH & Co. KG will no longer process the personal data for these purposes.

In addition, the data subject has the right to object, on grounds relating to their particular situation, to the processing of personal data concerning them which is carried out by Rußbach GmbH & Co. KG for scientific or historical research purposes or for statistical purposes in accordance with Art. 89(1) GDPR, unless such processing is necessary for the performance of a task carried out in the public interest.

To exercise the right to object, the data subject may contact the management of Rußbach GmbH & Co. KG directly. The data subject is also free to exercise their right to object in relation to the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures using technical specifications.

h) Automated individual decision-making, including profiling

Any person affected by the processing of personal data has 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 them or similarly significantly affects them, unless the decision (1) is not necessary for entering into, or performance of, a contract between the data subject and the controller, or (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 performing a contract between the data subject and the controller, or (2) is made with the explicit consent of the data subject, Rußbach GmbH & Co. KG shall take appropriate measures to safeguard the rights and freedoms and legitimate interests of the data subject, including at least the right to obtain human intervention on the part of the controller, to express their point of view and to contest the decision.

If the data subject wishes to assert rights in relation to automated decisions, they may contact the management of the controller responsible for the processing at any time.

i) Right to withdraw consent under data protection law

Any person affected by the processing of personal data has the right, granted by European directives and regulations, to withdraw consent to the processing of personal data at any time.

If the data subject wishes to exercise their right to withdraw consent, they may contact the management of the controller responsible for processing at any time.

11. Data protection in applications and during the application process

The controller collects and processes the personal data of applicants for the purpose of handling the application process. Processing may also be carried out electronically. This is particularly the case if an applicant submits the relevant 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 data transmitted 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 notification of the rejection decision, provided that no other legitimate interests of the controller prevent deletion. Other legitimate interests in this sense include, for example, the burden of proof in proceedings under the General Equal Treatment Act (AGG).

12. Data protection provisions regarding the use of YouTube

The controller has integrated components from YouTube into this website. YouTube is an internet video portal that allows video publishers to upload video clips free of charge and other users to view, rate, and comment on them, also free of charge. YouTube allows the publication of all types of videos, which is why complete films and television programs, as well as music videos, trailers, or videos created by users themselves, can be accessed via the Internet portal.

The operating company of YouTube is YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, USA. YouTube, LLC is a subsidiary of Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.

Each time one of the individual pages of this website, which is operated by the controller and on which a YouTube component (YouTube video) has been integrated, is accessed, the Internet browser on the data subject's information technology system is automatically prompted by the respective YouTube component to download a representation of the corresponding YouTube component from YouTube. Further information about YouTube can be found at https://www.youtube.com/yt/about/de/. As part of this technical process, YouTube and Google are informed about which specific subpage of our website is visited by the data subject.

If the person is logged into YouTube at the same time, YouTube recognizes which specific subpage of our website the person is visiting when they call up a subpage that contains a YouTube video. This information is collected by YouTube and Google and assigned to the person's YouTube account.

YouTube and Google receive information via the YouTube component that the data subject has visited our website whenever the data subject is logged into YouTube at the same time as visiting our website; this occurs regardless of whether the data subject clicks on a YouTube video or not. If the data subject does not want this information to be transmitted to YouTube and Google, they can prevent the transmission by logging out of their YouTube account before visiting our website.

The privacy policy published by YouTube, which is available at https://www.google.de/intl/de/policies/privacy/, provides information about the collection, processing, and use of personal data by YouTube and Google.

13. Legal basis for processing

Art. 6 I lit. a GDPR serves as the legal basis for our company 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 data subject is 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 for the implementation of pre-contractual measures, for example in cases of inquiries about our products or services. If our company is subject to a legal obligation that requires the processing of personal data, such as for the fulfillment of 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 to be injured on our premises and their name, age, health insurance details, or other vital information had to be passed on to a doctor, hospital, or other third party. In this 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. Processing operations that are not covered by any of the above 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 freedoms of the data subject do not prevail. Such processing operations are permitted in particular because they have been specifically mentioned by the European legislator. In this regard, the legislator took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47, sentence 2 of the GDPR).

14. Legitimate interests in 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 performance of our business activities for the benefit of all our employees and our shareholders.

15. Duration for which personal data is stored

The criterion for the duration of storage of personal data is the respective statutory retention period. After expiry of this period, the corresponding data is routinely deleted, provided that it is no longer required for the fulfillment of a contract or for the initiation of a contract.

16. Legal or contractual requirements 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 failure to provide the data

We hereby inform you that the provision of personal data is in some cases required by law (e.g., tax regulations) or may also result from contractual provisions (e.g., information on the contractual partner). In some cases, it may be necessary for a data subject to provide us with personal data in order to conclude a contract, which we must then process. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with them. Failure to provide personal data would mean that the contract with the data subject could not be concluded. Before providing personal data, the data subject must contact one of our employees. 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 the contract, whether there is an obligation to provide the personal data, and what the consequences of not providing the personal data would be.

17. Existence of automated decision-making

As a responsible company, we do not use automated decision-making or profiling.

This privacy policy was created using the privacy policy generator of the DGD German Association for Data Protection in cooperation with the data protection lawyers of the law firm WILDE BEUGER SOLMECKE | Rechtsanwälte.
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