We are delighted that you have shown an interest in our company. Data protection is of special importance for the management of Tilia GmbH. A use of the website of Tilia GmbH is possible in principle without any indication of personal data. However, if a data subject wishes to make use of the special services of our company via our website, it may be necessary to process personal data. If the processing of personal data is necessary and there is no legal basis for such processing, we shall generally obtain consent from the data subject.
TILIA GMBH has implemented numerous technical and organisational measures to ensure the most comprehensive as possible protection of personal data processed via this website. Nevertheless, internet based data transmission can still be subject to vulnerabilities, meaning that absolute protection can not be guaranteed. For this reason, each data subject is free to provide us with personal data via alternative means, for example by telephone.
In parallel, you can find here the general data protection information of Tilia GmbH.
DEFINITION OF TERMS
- a) Personal data
Personal data includes all information which relates to an identified or identifiable natural person (hereinafter referred to as “data subject”). An identifiable person is a natural person who can be identified directly or indirectly, in particular by reference to an identifier such as a name, identification number, location data, online identifier or to one or more specific characteristics which are expressions of the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.
- b) Data subject
The data subject is any identified or identifiable natural person whose personal data are processed by the controller.
- c) Processing
Processing includes any process carried out with or without the help of automated processes or any such series of processes in connection with personal data such as collection, recording, organisation, filing, saving, adaptation or amendment, reading, querying, use, publication by forwarding, distribution or any other form of provision, comparison of encoding, abbreviation, deletion or destruction.
- d) Restriction of processing
Restriction of processing is the identification of stored personal data in order to limit their future processing.
- e) Profiling
Profiling is any kind of automated processing of personal data which involves the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to work performance, economic situation, health, personal preferences, interests, reliability, behaviour, location or relocation of that natural person.
- f) Pseudonymisation
Pseudonymisation is the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without additional information, provided that this additional information is kept separately and is subject to technical and organisational measures which ensure that the personal data are not attributed to an identified or identifiable natural person.
- g) Controller or party responsible for data processing
The controller or party responsible for data processing is the natural or legal person, public authority, institution or other body which, alone or in conjunction with others, decides on the purposes and means of processing personal data. Where the purposes and means of such processing are determined by Union law or the law of the Member States, the controller or the specific criteria for its designation may be provided for under Union or national law.
- h) Processors
A processor is a natural or legal person, authority, institution or other body who processes personal data on behalf of the controller.
- i) Recipient
The recipient is a natural or legal person, public authority, institution or other body to whom personal data are disclosed, whether or not they are third parties. However, authorities which may receive personal data in the context of a specific task under Union law or Member State law, shall not be considered recipients.
- j) Third party
A third party is a natural or legal person, public authority, institution or other body other than the data subject, the controller, the processor and those authorised under the direct responsibility of the controller to process the personal data.
- k) Consent
Consent is any declaration or other unambiguous and informed expression of intent given voluntarily by the data subject, in the form of a declaration or other unambiguous affirmative action, in which the data subject indicates that he/she agrees to the processing of his/her personal data.
NAME AND ADRESS OF THE DATA PROTECTION OFFICER
The responsible party 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:
NAME AND ADDRESS OF THE CONTROLLER
The Data Protection Officer is:
Tel.: +49 341 339 76 000
The data subject can prevent the setting of cookies by our website at any time by means of an appropriate setting of 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 programmes. 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.
COLLECTION OF GENERAL DATA AND INFORMATION
The website of Tilia GmbH collects a series of general data and information every time a data subject or automated system calls up the website. This general data and information is stored in the server’s log files. The following data 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 accesses our website (so-called referrer), (4) the sub-websites that are accessed via an accessing system on our website, (5) the date and time of an access to the website, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system and (8) other similar data and information that serve to avert danger in the event of attacks on our information technology systems.
When using these general data and information, the Tilia GmbH does not draw any conclusions about the data subject. Rather, this information is needed (1) to deliver the contents of our website correctly, (2) to optimise the contents of our website and the advertising for these, (3) to ensure the long-term operability of our information technology systems and the technology of our website, and (4) to provide law enforcement authorities with the information necessary for prosecution in the event of a cyber attack. Therefore, the Tilia GmbH analyzes anonymously collected data and information on one hand, and on the other hand, with the aim of increasing the data protection and data security of our enterprise so that we can ultimately ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from any personal data submitted by a data subject.
ADDRESS OF THE SERVICE PROVIDER FOR THIS WEBSITE
Name: Domainfactory Hostmaster
Organisation: domainfactory GmbH
Street: Oskar-Messter-Strasse 33
CONTACT POSSIBILITY VIA THE WEBSITE
Based on statutory provisions, the website of the Tilia GmbH contains information that enables a quick electronic contact to our enterprise, as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the controller by e-mail or by using 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. This personal data will not be disclosed to third parties.
ROUTINE ERASURE 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 otherwise provided by law or regulation to which the controller is subject by the European Directive and Regulation or other competent legislator.
If the storage purpose ceases to apply or if a storage period prescribed by the European Directive and Regulation Maker or another competent legislator expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.
RIGHTS OF THE DATA SUBJECT
- a) Right of confirmation
Every data subject has the right granted by the European Directive and Regulation to obtain confirmation from the controller as to whether personal data concerning him or her are being processed. If a data subject wishes to exercise this right of confirmation, he or she may, at any time, contact any employee of the controller or the data protection officer.
- b) Right of access
Any person concerned by the processing of personal data has the right granted by the European Directive and Regulation to obtain at any time from the controller, free of charge, information about the personal data stored about him or her and a copy of that information. In addition, the European Directive and Regulation Body has granted the data subject access to the following information:
- the purposes of the processing
- the categories of personal data processed
- the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular in the case of recipients in third countries or international organisations
- 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 the right to obtain the rectification or erasure of personal data concerning him or her, or the restriction of processing by the controller, or the right to object to such processing
- the existence of a right of appeal to a supervisory authority
- if the personal data are not collected from the data subject: Any available information on the origin of the data
- the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and, at least in these cases, meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.
Furthermore, the data subject shall have 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 shall also have the right to obtain information on the appropriate safeguards in relation to the transfer.
If a data subject wishes to exercise this right of access, he or she may at any time contact an employee of the controller or the data protection officer.
- c) Right of rectification
Any person concerned by the processing of personal data has the right, granted by the European Directive and Regulation, to obtain the rectification without delay of inaccurate personal data concerning him or her. Furthermore, the data subject has the right to request the completion of incomplete personal data, including by means of a supplementary declaration, taking into account the purposes of the processing.
If a data subject wishes to exercise this right of rectification, he or she may, at any time, contact any employee of the controller or the data protection officer.
- d) Right to erasure (right to be forgotten)
Any person concerned by the processing of personal data has the right granted by the European Directive and Regulation to obtain from the controller the erasure without delay of personal data concerning him or her, where one of the following grounds applies and to the extent that processing is no longer necessary:
- The personal data have been collected or otherwise processed for such purposes for which they are no longer necessary.
- The data subject revokes the consent on which the processing was based pursuant to 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) 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 processed unlawfully.
- The erasure of the personal data is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.
- The personal data have been collected in relation to information society services offered pursuant to Article 8(1) GDPR.
If one of the aforementioned reasons applies, and a data subject wishes to arrange for the erasure of personal data stored by Tilia GmbH, he or she may, at any time, contact any employee of the controller or the data protection officer. The employee of Tilia GmbH shall arrange for the deletion request to be complied with immediately, unless longer storage is required by law.
If the personal data has been made public by Tilia GmbH and our company as the controller is obliged according to Art. 17 para. 1 GDPR to erase personal data, Tilia GmbH shall implement reasonable measures, including technical measures, taking into account the available technology and the costs of implementation, in order to inform other data controllers which process the published personal data that the data subject has requested from those other data controllers to erase all links to or copies or replications of the personal data, unless the processing is necessary. The employee of Tilia GmbH will arrange the necessary in individual cases.
The right to erasure and to be forgotten shall not apply insofar as the processing is necessary
- for the exercise of the right to freedom of expression and information;
- for compliance with a legal obligation which requires processing under Union or Member State law to which the controller is subject, or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
- for reasons of public interest in the field of public health in accordance with Article 9(2)(h) and (i) and Article 9(3);
- for archiving, scientific or historical research purposes in the public interest or for statistical purposes as referred to in Article 89(1).
- paragraph 1, where the right referred to in paragraph 1 is likely to make impossible or seriously prejudice the achievement of the purposes of such processing; or
- for the establishment, exercise or defence of legal claims.
(e) Right to restrict processing
Any person concerned by the processing of personal data has the right, granted by the European Directive and Regulation, to obtain from the controller the restriction of processing where 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 objects to the erasure of the personal data and requests instead the restriction of the use of the personal data.
- The controller no longer needs the personal data for the purposes of the processing, but the data subject needs it for the assertion, exercise or defence 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 aforementioned conditions is met, and a data subject wishes to request the restriction of personal data stored by Tilia GmbH, he or she may, at any time, contact any employee of the controller or the data protection officer. The employee of Tilia GmbH will arrange the restriction of the processing.
- f) Right to data portability
Every data subject concerned by the processing of personal data has the right, granted by the European Directive and Regulation, to receive the personal data concerning him or her, which have been provided by the data subject to a controller, in a structured, commonly used and machine-readable format. The data subject shall also have the right to transmit such data to another controller without hindrance from the controller to whom the personal data have been provided, provided that the processing is based on consent pursuant to Article 6(1)(a) of the GDPR or Article 9(2)(a) of the GDPR or on a contract pursuant to Article 6(1)(b) 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, when exercising the right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to obtain the direct transfer of personal data from one controller to another controller where technically feasible and provided that this does not adversely affect the rights and freedoms of other persons.
In order to assert the right to data portability, the data subject may at any time contact any employee of Tilia GmbH or the data protection officer.
- g) Right to object
Any person affected by the processing of personal data has the right granted by the European Directive and Regulation to object at any time, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her 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.
The Tilia GmbH shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the assertion, exercise or defence of legal claims.
If Tilia GmbH processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data processed for such marketing. This also applies to the profiling, insofar as it is related to such direct marketing. If the data subject objects to Tilia GmbH to the processing for direct marketing purposes, Tilia GmbH will no longer process the personal data for these purposes.
In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her which is carried out by Tilia GmbH for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the Data Protection Regulation (GDPR), unless such processing is necessary for the performance of a task carried out in the public interest.
In order to exercise the right to object, the data subject may at any time contact any employee of Tilia GmbH or the Data Protection Officer. The data subject is also free to exercise his/her right to object by means of automated procedures using technical specifications in connection with the use of information society services, notwithstanding Directive 2002/58/EC.
- h) Automated decisions in individual cases, including profiling
Any data subject concerned by the processing of personal data shall have the right, granted by the European Directive and the Regulation, 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, provided that the decision (1) is not necessary for entering into, or the 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 that such law lays down appropriate measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is made with 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 data controller, or (2) it is made with the data subject’s explicit consent, Tilia GmbH shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, which include at least the right to obtain the data subject’s involvement 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 the rights concerning automated decisions, he or she may, at any time, contact any employee of the controller or the data protection officer.
- i) Right to withdraw consent under data protection law
Any person affected by the processing of personal data has the right granted by the European Directive and Regulation to withdraw consent to the processing of personal data at any time.
If the data subject wishes to exercise the right to withdraw consent, he or she may, at any time, contact any employee of the controller or the data protection officer.
LEGAL BASIS OF THE PROCESSING
Art. 6 I lit. a GDPR serves our company as the legal basis for processing operations in which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is a party, as is the case, for example, with processing operations that are necessary for a delivery of goods or the provision of another service 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 the case of enquiries about our products or services. If our company is subject to a legal obligation by which the processing of personal data becomes necessary, such as for the fulfilment of tax obligations, the processing is based on Art. 6 I lit. c GDPR. In rare cases, the processing of personal data might become necessary in order 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 as a result his or her name, age, health insurance details or other vital information had to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6 I lit. d GDPR.
Finally, processing operations could be based on Art. 6 I lit. f GDPR. Processing operations which are not covered by any of the aforementioned legal bases are based on this legal basis 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 are not overridden. Such processing operations are permitted to us 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 of the GDPR).
LEGITIMATE INTERESTS IN THE PROCESSING PURSUED BY THE CONTROLLER OR A THIRD PARTY
Where the processing of personal data is based on Article 6 I lit. f GDPR, our legitimate interest is to conduct our business for the benefit of the welfare of all our employees and our shareholders.
The criterion for the duration of the storage of personal data is the respective statutory retention period. After expiry of the period, the corresponding data is routinely deleted if it is no longer required for the fulfilment or initiation of the contract.
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 inform you that the provision of personal data is sometimes required by law (e.g. tax regulations) or may also result from contractual regulations (e.g. information on the contractual partner).
Sometimes, in order to conclude a contract, it may be necessary for a data subject to provide us with personal data that must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with him or her. Failure to provide the personal data would mean that the contract with the data subject could not be concluded.
Before providing personal data by the data subject, the data subject must contact one of our employees. Our employee will explain to the data subject on a case-by-case basis whether the provision of the personal data is required by law or by 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.
EXISTENCE OF AUTOMATED DECISION-MAKING
As a responsible company, we do not use automated decision-making or profiling.
PROTECTION OF MINORS
Our websites are designed and intended for use by adults. Persons under the age of 18 should not transmit any personal data to us without the consent of their legal guardians. We do not request personal data from children and adolescents.
The website of Tilia GmbH allows you to submit an application for advertised positions using an electronic form.
The following data is collected:
- First name
- e-mail address
- Curriculum vitae and/or files provided via upload function
- IP address
- Date & time
Where a data subject contacts the data controller via the application form, the personal data provided by the data subject will be automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the data controller will be stored for the purposes of processing in the context of the application procedure or contacting the data subject. No disclosure of such personal data to third parties will take place. The use, processing and storage of applicant data is always only for a specific purpose and is only limited to employees of Tilia GmbH who are assigned to the application procedure. At the latest when the purpose has been fulfilled and the position has been finally filled, the applicant data will be completely deleted, unless the applicant has expressly agreed to any further storage.
SOCIAL MEDIA LINKS AND SOCIAL SHARING
When you share our content with a social network via our corresponding social sharing buttons, third party cookies may be issued which are referred to as “persistent” as they remain in your terminal until they are deleted or expire. Such cookies are used by third parties and are subject to their own privacy policies, which you can view via the links below. This cookie family includes advertising cookies (which are not used by Tilia GmbH) and social network sharing cookies (including Facebook, YouTube, Twitter and LinkedIn). The social network sharing cookies are issued and managed by the publisher of the respective social network.
With your consent, you can easily share some of the content published on the website by Tilia GmbH via a button. There are four types of social network sharing cookies on our website:
Via the following links you can view the respective terms and conditions of the cookies:
We only use Google Analytics with the activated IP anonymisation described above. This means that your IP address is only processed by Google in a shortened form. This means that it cannot be linked to a specific person.
We use Google Analytics to analyse the use of our website and to continuously improve individual functions and offers as well as the user experience. Through the statistical evaluation of user behaviour, we can improve our offer and make it more interesting for you as a user. This is also our legitimate interest in the processing of the above data by Google. The legal basis is Art. 6 para. 1 p. 1 lit. f) DSGVO.
Information of the third party provider: Google Dublin, Google Ireland Ltd, Gordon House, Barrow Street, Dublin 4, Ireland, Fax: +353 (1) 436 1001. Further information on data use by Google, on setting and objection options as well as on data protection can be found on the following Google web pages:
- User Terms: http://www.google.com/analytics/terms/de.html
- Overview of data protection: http://www.google.com/intl/de/analytics/learn/privacy.html
- Data use by Google when you use websites or apps of our partners: https://www.google.com/intl/de/policies/privacy/partners
- Data use for advertising purposes: http://www.google.com/policies/technologies/ads
- Settings for personalised advertising by Google: http://www.google.de/settings/ads
The data will be deleted as soon as it is no longer required to achieve the purpose for which it was collected.