General terms and conditions
Information on data protection with respect to our data processing pursuant to Articles 13 and 21 of the General Data Protection Regulation (GDPR)
We take data protection seriously. We would therefore like to inform you about how we process your data and about your rights under data protection law.
‘Controller’ under data protection law and how to contact the data protection officer
The controller under data protection law is:
Friedrich PICARD GmbH & Co. KG
44805 Bochum , Germany
+49 234 53993-130
Our data protection officer can be contacted as follows:
Mr Nils Helmke
Waldring 43 - 47
44789 Ort Bochum, Germany
+49 234 282 533-20
Purposes for processing your data and the legal legitimation for them
Personal data is processed by us in line with the provisions of the [European] General Data Protection Regulation (GDPR), the [German] Federal Data Protection Act (BDSG), and other applicable data protection regulations. As to which exact data is being processed and what it is being used for depends on the work agreed to.
1. For fulfilling contracts or pre-contractual activities (Article 6(1)(b) GDPR)
The processing of personal data is needed to fulfil our contracts with you and to execute your orders. It is also needed to carry out pre-contractual measures and activities. The processing of data is therefore especially important for billing purposes in accordance with your orders. Such processing comprises all the services, measures, and activities required by this.
2. For legitimate interests of ours or of third parties (Article 6(1)(f) GDPR)
In addition to the actual fulfilling of contracts or preliminary contracts, we also process your data if it is necessary for safeguarding our own legitimate interests or the legitimate interests of third parties, especially for:
- advertising or market and opinion polls, to the extent to which you have not objected to the use of your data;
- procuring information and for exchanging data with credit rating agencies, to the extent to which this is covered by our legitimate interests;
- augmenting our data through, for example, the use or researching of publicly accessible data;
- restricted storages of data if, on account of the special form of such storage, the deletion of the data is not possible or is only possible with a disproportionate amount of expenditure.
3. For fulfilling legal obligations (Article 6(1)(c) GDPR) or for reasons of public interest (Article 6(1)(e) GDPR)
We are governed by a wide variety of laws (e.g. commercial and tax laws) and other regulatory and public requirements. The purposes for which data is processed include such things as identity and age verifications, fraud and money-laundering prevention, the prevention, combatting, and investigation of terrorism financing and of financially injurious crimes, matching data with European and international anti-terror lists, fulfilling control and reporting obligations under tax law, the archiving of data for the purposes of data protection and data safety, and audits carried out by the tax authorities and other public authorities. The disclosure of personal data may also be required by the public authorities/courts for evidentiary purposes, criminal prosecutions, or for enforcing civil-law claims.
3. Data categories processed by us and their origins in cases where we do not receive the data directly from you
To the extent required by us to provide our services, we process personal data lawfully obtained from other commercial undertakings or from other third parties (e.g. credit rating agencies). We also process personal data that we have lawfully taken, received, or acquired from publicly accessible sources (such as telephone books, commercial registries, association registries, etc.) and that we are allowed to process.
Recipients or categories of recipients of your data
Within our company, your data is received by those departments or organisational units that need this data to fulfil our contractual and statutory duties or to process and implement a legitimate interest of ours. A transfer of your data to external bodies is effected exclusively
- in conjunction with the implementation of a contract,
- for the purposes of fulfilling statutory requirements,
- on the basis of a legitimate interest of ours or the legitimate interests of a third party for the purposes set out in Point 2.2 (e.g. to public authorities, credit rating agencies, debt collection agencies, lawyers, courts, providers of expert opinions, other affiliated companies, bodies, and control authorities),
- if you have given us your consent to the transfer to third parties.
No other transfer of your data to third parties is made by us.
4. Duration of storage of your data
We process and store your data for the duration of our business relationship with you. This includes the
stage of initiating a contract (pre-contractual legal relationship) and the implementation of an actual
contract. We also store for 10 years any data the storage of which is required by commercial or tax law.
Other data whose storage is not required by tax law is being stored until the expiration of the
statutory limitation periods (Paragraphs 195 and 199 of the Civil Code (BGB)), which under certain
circumstances may mean periods of up to 30 years.
Data that is no longer needed for fulfilling contractual or statutory obligations and rights is generally deleted unless the–temporary–further processing of it is necessary in order to fulfil one of the purposes set out in Point 2.2 arising from an overriding legitimate interest.
5. Processing your data in a third country or by an international organisation
Data is transferred to entities in countries outside the European Union (EU) or the European Economic Area (EEA) (so-called third countries) if such transfer is necessary for implementing an order/contract of yours, if it is required by law (e.g. reporting duties under tax law), if we or third parties have a legitimate interest in doing so, or if you have given us your consent. The processing of your data in a third country may also result from the outsourcing of data processing to external service providers. In the absence of a decision of the European Commission attesting to an adequate level of data protection in the country concerned, we warrant, in accordance with the provisions of EU data protection law, that your rights and freedoms are being contractually protected and guaranteed to an adequate degree.
6. Your rights under data protection law
With respect to your personal data, you have the following rights enforceable against us:
- right of access to information,
- right of rectification and erasure,
- right to the restriction of processing,
- right to object to processing, and the
- right to data portability.
You also have the right to lodge a complaint with the supervisory authority in charge of you regarding our processing of your personal data.
7. Credit rating agencies
Our company regularly reviews the creditworthiness of our customers if there is a legitimate interest in doing so, e.g. if there is a financial default risk that could affect our company. In this respect, we work together with Creditreform Bochum, from whom we obtain the data needed. For this purpose, we transfer to Creditreform Bochum your personal data from this contractual relationship and the information needed to obtain a credit rating. The legal legitimation for the transfer of the data is found in Article 6(1)(f) and Article 6(1)(b) GDPR. The information that must be provided pursuant to Article 14 GDPR in relation to the data processing made by Creditreform Bochum is available at https://www.creditreform.de/bochum/datenschutz.
Information on your right of objection under Article 21 GDPR
1. You have the right to file an objection at any time to a processing of your data made on the basis of Article 6(1)(f) GDPR (data processing based on a weighing of interests) or on the basis of Article 6(1)(e) GDPR (data processing for reasons of public interest) if there are grounds for such arising from your particular circumstances.
If you file an objection, the processing of your personal data will be discontinued by us unless we are able to prove that there are mandatory and protection-warranting reasons that outweigh your interests, rights, and freedoms or that the processing is necessary for enforcing, exercising, or defending legal rights.
2. We also process your personal data if it is necessary for purposes of postal advertising, mailings, and for direct e-mail marketing measures if needed. If you do not want to receive advertising, you have the right to object to this at any time. We will adhere to this objection for the future and will no longer process your data for direct marketing purposes.
The objection does not have to be made in a particular form and is best sent to:
Friedrich PICARD GmbH & Co. KG
44805 Bochum, Germany
+49 234 53993-130