We welcome you to our website and are pleased about your interest. The protection of your personal data is very important to us. Therefore, we conduct our business in compliance with applicable laws on data privacy protection and data security. We would like to inform you in the following about which data of your visit is used for which purposes.
The controller responsible within the meaning of the General Data Protection Regulation and other data protection laws applicable in the Member States of the European Union and other provisions of a data protection nature is:
48341 Altenberge, Westfalen
+49 (0) 2505 – 639797
The term personal data is defined in the Bundesdatenschutzgesetz and the GDPR. According to these laws, these are individual details about personal or factual circumstances of a specific or identifiable natural person. This includes, for example, your civil name, your address, your telephone number or your date of birth.
Unless otherwise stated in the following sections, no personal data is collected, processed or used when using our websites. However, by using analysis and tracking tools, we learn certain technical information based on the data transmitted by your browser (e.g. browser type/version, operating system used, websites visited by us incl. length of stay, previously visited website). We evaluate this information for statistical purposes only.
a. Where we obtain the consent of the data subject for processing operations involving personal data, Article 6 (1) lit. a) of the EU Genereal Data Protection Regulation (GDPR) serves as the legal basis for the processing of personal data.
b. Article 6 (1) lit. b) GDPR serves as the legal basis for the processing of personal data required for the performance of a contract to which the data subject is a party. This also applies to processing operations necessary for the performance of pre-contractual measures.
c. Insofar as the processing of personal data is necessary to fulfil a legal obligation to which our company is subject, Art. 6 (1) lit. c) GDPR serves as the legal basis.
d. In cases where vital interests of the data subject or another natural person make it necessary to process personal data, Article 6 (1) lit. d) GDPR serves as the legal basis.
e. If the processing is necessary to safeguard a legitimate interest of our company or of a third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh the former interest, Article 6 (1) lit. f) of the GDPR serves as the legal basis for the processing.
With each call of the Internet page the smartvokat GmbH collects data and information by an automated system. These are stored in the log files of the server. The data is also stored in the log files of our system. These data are not stored together with other personal data of the user.
(1) Information about the type of browser and the version used
(2) The user’s operating system
(3) The user’s Internet service provider
(4) The user’s IP address
(5) The date and time of access
(6) Websites from which the user’s system accesses our website (referrer) (7) Websites that are accessed by the user’s system via our website
Personal data is stored for the duration of the respective legal retention period. After expiry of the period, the data is routinely deleted, unless it is necessary for the initiation or fulfilment of a contract.
The controller shall process and store personal data relating to the data subject only for as long as necessary to achieve the purpose of storage. In addition, data may be stored for as long as this is provided for by the European or national legislator in Union regulations, laws or other provisions to which the controller is subject. As soon as the storage purpose ceases to apply or a storage period prescribed by the aforementioned regulations expires, the personal data is routinely blocked or deleted.
If your personal data is processed, you are the data subject within the meaning of the GDPR and you are entitled to the following rights in relation to the person responsible:
Right of access by the data subject acc. to Art. 15 GDPR
You can request confirmation from the person responsible as to whether personal data concerning you is being processed by us. If such processing is carried out, you may ask the controller for information on:
a. the purposes for which the personal data are processed;
b. the categories of personal data processed;
c. the recipients or categories of recipients to whom your personal data have been or will be disclosed;
d. the planned duration of storage of your personal data or, if it is not possible to give specific details, criteria for determining the duration of storage
e. the existence of a right to rectification or erasure of your personal data, a right to have the processing limited by the controller or a right to object to such processing
f. the existence of a right of appeal to a supervisory authority;
g. all available information on the origin of the data when the personal data are not collected from the data subject;
h. the existence of automated decision making, including profiling, in accordance with Art. 22, para. 1 and 4 GDPR and, at least in these cases, meaningful information on the logic involved and the scope and intended effects of such processing on the data subject.
You have the right to request information whether your personal data are transferred to a third country or to an international organization. In this context, you may request to be informed of the appropriate guarantees in accordance with Art. 46 GDPR in connection with the transfer.
Right to rectification acc. to Art. 16 GDPR
You have the right to obtain from the data controller the rectification and/or integration of any personal data processed concerning you if it is incorrect or incomplete. The data controller shall make the correction without delay.
Right to erasure acc. to Art. 17 GDPR
(1) You may request the controller to delete your personal data immediately and the controller is obliged to delete such data immediately if one of the following reasons applies:
a. The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
b. You revoke your consent on which the processing was based in accordance with Article 6 (1) (a) or Article 9 (2) (a) of the GDPR and there is no other legal basis for the processing.
c. You object to the processing in accordance with Article 21 (1) GDPR and there are no legitimate reasons for the processing which take precedence, or you object to the processing in accordance with Article 21 (2) GDPR.
d. The personal data concerning you have been processed unlawfully
e. The deletion of personal data concerning you is necessary to comply with a legal obligation under Union law or the law of the Member States to which the controller is subject.
f. The personal data concerning you have been collected in relation to information society services offered, in accordance with Article 8 (1) of the GDPR.
(2) If the controller has made your personal data public and is obliged to delete them in accordance with Article 17 (1) of the GDPR, he shall take reasonable measures, including technical measures, taking into account the available technology and implementation costs, to inform data controllers who process the personal data that you, as a data subject, have requested them to delete all links to these personal data or copies or replications of these personal data.
(3) The right to erasure shall not apply where the processing is necessary
a. for the exercise of the right to freedom of expression and information;
b. to comply with a legal obligation to which the processing is subject under Union or national law to which the controller is subject, or to carry out a task carried out in the public interest or in the exercise of official authority vested in the controller;
c. for reasons of public interest relating to public health pursuant to Art. 9, para. 2 lit. h and i as well as Art. 9 para. 3 GDPR;
d. for archiving purposes in the public interest, for scientific or historical research purposes or for statistical purposes pursuant to Art. 89 para. 1 GDPR, insofar as the right referred to in para. 1 is likely to render impossible or seriously prejudice the attainment of the objectives of such processing, or
e. to assert, exercise or defend legal claims.
Right to restriction of processing acc. to Art. 18 GDPR
Under the following conditions, you may request the restriction of the processing of your personal data:
a. if you dispute the accuracy of your personal data for a period of time that allows the controller to verify the accuracy of the personal data;
b. if the processing is unlawful and you refuse to delete the personal data and instead request the restriction of the use of the personal data;
c. if the controller no longer needs the personal data for the purposes of the processing, but you need them for the assertion, exercise or defence of legal claims; or
d. if you have lodged an objection to the processing pursuant to Article 21 (1) of the GDPR and it is not yet clear whether the legitimate reasons of the controller outweigh your reasons.
If the processing of your personal data has been restricted, these data – apart from their storage – may only be processed with your consent or for the purpose of asserting, exercising or defending legal claims or protecting the rights of another natural or legal person or for reasons of major public interest of the Union or a Member State. If the restriction on processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.
Notification obligation regarding rectification or erasure of personal data or restriction of processing acc. to Art. 19 GDPR
If you have exercised the right to rectify, erase or limit the processing, the controller is obliged to notify all recipients to whom the personal data concerning you have been disclosed of this rectification, erasure or limitation of processing, unless this proves impossible or involves a disproportionate effort. You have the right to be informed of these recipients by the controller.
Right to data portability acc. to Art. 20 GDPR
You have the right to receive your personal data, which you have provided to the responsible person, in a structured, common and machine-readable format. In addition, you have the right to transfer this data to another responsible party without hindrance by the responsible party to whom the personal data has been made available, if
a. the processing is based on consent pursuant to Art. 6 Para. 1 letter a) GDPR or Art. 9 Para. 2 letter a) GDPR or on a contract pursuant to Art. 6 Para. 1 letter b) GDPR and
b. the processing is carried out using automated procedures. In exercising this right, you also have the right to request that your personal data be transferred directly from one responsible party to another, insofar as this is technically feasible. The freedoms and rights of other persons may not be impaired by this. The right to data transferability shall not apply to the processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Right of objection acc. to Art. 21 GDPR
You have the right to object at any time, on grounds relating to your particular situation, to the processing of your personal data carried out on the basis of Article 6 (1) (e) or (f) GDPR; this also applies to profiling based on these provisions. The controller will no longer process your personal data unless it can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims. If your personal data is processed for the purpose of direct marketing, you have the right to object at any time to processing of your personal data for such marketing; this also applies to profiling, insofar as it is related to such direct marketing. If you object to processing for direct marketing purposes, your personal data will no longer be processed for these purposes. You have the possibility, in connection with the use of information society services – notwithstanding Directive 2002/58/EC – to exercise your right to object by means of automated procedures using technical specifications.
Right to lodge a complaint with a supervisory authority acc. to Art. 77 GDPR
Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your residence, place of employment or place of the alleged infringement, if you consider that the processing of your personal data infringes the GDPR. The supervisory authority to which the complaint has been lodged will inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Article 77 of the GDPR.
Automated decision in individual cases including profiling
You have the right not to be subject to a decision based solely on automated processing operations, including profiling, which produces legal effects vis-à-vis it or significantly affects it in a similar way. This shall not apply where the decision is necessary for the conclusion or performance of a contract between you and the controller,
a. is necessary for the conclusion or performance of a contract between you and the controller,
b. is permitted by legal provisions of the Union or the Member States to which the controller is subject, and these legal provisions contain appropriate measures to protect your rights and freedoms as well as your legitimate interests, or
c. is done with your explicit consent.
However, such decisions may not relate to specific categories of personal data as defined in Art. However, these decisions may not be based on special categories of personal data under Art. 9 Par. 1 GDPR, unless Art. 9 Par. 2 lit. a) or g) applies and adequate measures have been taken to protect the rights and freedoms as well as your legitimate interests.
In the cases referred to in a. and c., the controller shall take adequate measures to safeguard the rights and freedoms as well as your legitimate interests, which shall include at least the right to obtain the intervention of a person from the controller, to express his or her point of view and to challenge the decision.
Description and purpose
It can happen that within this online offer contents of third parties, such as videos, fonts or graphics from other websites are integrated. This always requires that the providers of these contents (hereinafter referred to as “third party providers”) are aware of the IP address of the users. Without the IP address, they would not be able to send the content to the browser of the respective user. The IP address is therefore necessary for the display of this content. We make every effort to use only such content whose respective providers use the IP address only to deliver the content. However, we have no inuence on this if the third-party providers store the IP address for statistical purposes, for example. As far as we are aware of this, we inform the users about it. We would like to provide and improve our online offer through these integrations.
The legal basis for the integration of other services and content of third parties is Art. 6 para. 1 lit. f) GDPR. Our overriding legitimate interest lies in the intention of an appropriate presentation of our online presence and user-friendly and economically ecient services on our part. For further information, please refer to the respective privacy statements of the providers.
Contractual or legal obligation to provide personal data
The provision of personal data is neither legally nor contractually required and is also not necessary for the conclusion of a contract. You are also not obliged to provide the personal data. However, failure to provide it may mean that you are unable to use this function or cannot use it to its full extent.
By submitting their application to us, applicants agree to the processing of their data for the purposes of the application procedure in accordance with the type and scope described in this data protection declaration. Insofar as special categories of personal data within the meaning of Art. 9 Para. 1 GDPR are voluntarily communicated as part of the application procedure, they will also be processed 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 within the framework of the application procedure, their processing is additionally carried out in accordance with Art. 9 Para. 2 letter a GDPR (e.g. health data if these are necessary for the exercise of the profession). If made available, applicants can submit their applications to us by means of an online form on our website. The data will be transmitted to us in encrypted form according to the state of the art. Applicants can also send us their applications by e-mail. Please note, however, that e-mails are generally not encrypted and that applicants must ensure that they are encrypted themselves. We can therefore not assume any responsibility for the transmission path of the application between the sender and the receipt on our server and therefore recommend rather to use an online form or the postal dispatch. This is because instead of applying via the online form and e-mail, applicants still have the option of sending us their application by post. In the event of a successful application, the data provided by the applicants can be processed by us for the purposes of the employment relationship. Otherwise, if the application for a job offer is not successful, the applicants’ data is deleted. Applicants’ data is also deleted if an application is withdrawn, which applicants are entitled to do at any time. Subject to a justified revocation by the applicants, the data will be deleted after the expiry of a period of six months so that we can answer any follow-up questions regarding the application and meet our obligations to provide evidence under the Equal Treatment Act. Invoices for any reimbursement of travel expenses will be archived in accordance with tax law requirements.
We have taken extensive technical and operational precautions to protect your data from accidental or deliberate manipulation, loss, destruction or access by unauthorised persons. Our security procedures are regularly reviewed and adapted to technological progress. In addition, we guarantee data protection on an ongoing basis by constantly auditing and optimizing our data protection organization.