Thank you for your interest in our company. Data privacy is particularly important to the management board of P+B GmbH & Co. KG. Any use of the P+B GmbH & Co. KG website is possible without providing any personal data. However, if a person wishes to make use of special services of our company via our website, personal data may have to be processed. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the person concerned.
The processing of personal data, for example the name, address, email address or telephone number of a person concerned, is always carried out in accordance with the Basic Data Protection Regulation and in accordance with the data protection regulations applicable to P+B GmbH & Co. KG. By means of this data privacy statement, our company wishes to inform the public about the type, scope and purpose of the personal data collected, used and processed by us.
Furthermore, this data privacy statement will inform the persons concerned about their rights.
As the data controller, P+B GmbH & Co. KG has implemented numerous technical and organisational measures to ensure the most complete possible protection of the personal data processed via this website. Nevertheless, web-based data transmissions can always have security gaps, so that absolute protection cannot be guaranteed. For this reason, every person concerned is free to transmit personal data to us by alternative means, such as the telephone or by post.
1. Definitions of terminology
a) Personal data
Personal data is any information relating to an identified or identifiable natural person (hereinafter "person concerned"). A natural person shall be considered identifiable if they can be identified directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or one or more specific characteristics expressing the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.
b) Person concerned
Person concerned means any identified or identifiable natural person whose personal data are processed by the data controller.
Processing means any operation or set of operations which is carried out with or without the aid of automated processes and which relates to personal data, such as collection, recording, organisation, sorting, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or association, qualification, erasure or destruction.
d) Limitation of processing
Limitation of processing refers to the tagging of stored personal data with the aim of limiting its future processing.
Profiling is any automated processing of personal data consisting of 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 the work performance, financial situation, health, personal preferences, interests, reliability, conduct, whereabouts or movement of that natural person.
Pseudonymisation means the processing of personal data in such a way that the personal data can no longer be attributed to a specific person concerned without the provision of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures ensuring that the personal data is not attributed to an identified or identifiable natural person.
g) Controller or data controller
The controller or data controller is the natural or legal person, public authority, agency or 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 laid down by EU law or by the law of the member states, the controller or controllers may be designated in accordance with EU law or with the law of the member states on the basis of specific criteria.
The processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
The recipient is a natural or legal person, public authority, agency or other body to whom personal data is disclosed, irrespective of whether or not it is a third party. However, authorities which may receive personal data in the course of a specific investigation task under EU law or the law of the member states shall not be considered as recipients.
j) Third party
Third party means any natural or legal person, public authority, agency or body other than the person concerned, the controller, the processor and the persons authorised to process the personal data under the direct responsibility of the controller or processor.
Consent shall mean any voluntary, informed and unambiguous expression by the person concerned of their will in a particular case, in the form of a statement or other unequivocal affirmative act, indicating that they consent to the processing of their personal data.
2. Name and address of the controller
The responsible controller in the sense 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:
P+B GmbH & Co. KG
Genker Str. 2-4
P: +49 2241 9369-80
By using cookies, P+B GmbH & Co. KG can provide users of this website with more user-friendly services that would not be possible without the setting of cookies.
The person concerned can prevent the setting of cookies by our website at any time by means of an appropriate setting in the web browser used and thus permanently object to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time through a web browser or other software programmes. This is possible in all commonly used web browsers. If the person concerned deactivates the setting of cookies in the web browser used, not all functions of our website may be fully usable under certain circumstances.
4. Collection of general data and information
The website of P+B GmbH & Co. KG collects certain general data and information each time the website is accessed by a person concerned or an automated system. This general data and information is stored in the log files of the server. The following types of data and information can 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 referrers), (4) the subpages which are accessed via an accessing system on our website, (5) the date and time of 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 used to avert dangers in the event of attacks on our information technology systems.
When using this general data and information, P+B GmbH & Co. KG does not draw any conclusions about the person concerned. Rather, this information is required to (1) correctly deliver the content of our website, (2) optimise the content of our website and the advertising for it, (3) guarantee the long-term functionality of our information technology systems and the technology of our website and (4) provide law enforcement authorities with the information necessary for criminal prosecution in the event of a cyber attack. This anonymously collected data and information is therefore evaluated by P+B GmbH & Co. KG both statistically and with the aim of increasing data protection and data security in our company in order to ultimately ensure an optimum level of protection for the personal data processed by us. The anonymous data of the server log files is stored separately from all personal data provided by the person concerned.
5. Routine deletion and blocking of personal data
The controller shall process and store the personal data of the person concerned only for the period of time necessary to achieve the purpose of the storage or where provided for by the European directive or regulation or by another legislator in the laws or regulations to which the controller is subject.
If the storage purpose no longer applies or if a storage period prescribed by the European directive and regulation authorities or another competent legislator expires, the personal data shall be blocked or deleted routinely and in accordance with the statutory provisions.
6. Rights of the person concerned
a) Right of confirmation
Every person concerned shall have the right, granted by the European directive and regulation authority, to obtain from the controller confirmation as to whether personal data relating to him or her is being processed. If a person concerned wishes to exercise this right of confirmation, they may at any time contact a member of staff of the controller.
b) Right of access
Any person concerned by the processing of personal data has the right, granted by the European directive and regulation authority, to obtain at any time, free of charge, from the controller, information on the personal data relating to him or her which has been stored, and a copy of that information. Furthermore, the European directive and regulation authority has granted the person concerned access to the following information:
the purposes of the processing
the categories of personal data to be processed; the recipients or categories of recipients to whom the personal data has been or will be disclosed, in particular, in the case of recipients in third countries or international organisations, the envisaged duration for which the personal data will be stored if possible, or, if that is not possible, the criteria for determining that duration; the existence of a right of rectification or deletion of the personal data relating to them or of limitation of the processing carried out by the controller or of a right of appeal against such processing; the existence of a right of appeal to a supervisory authority if the personal data is not obtained from the person concerned: All available information on the origin of the data, the existence of automated decision-making including profiling in accordance with Article 22 (1) and (4) of GDPR and, at least in these cases, meaningful information on the logic involved and the scope and intended impact of such processing on the person concerned.
The person concerned also has the right to know whether personal data has been transferred to a third country or to an international organisation. If this is the case, the person concerned shall also have the right to obtain information on the appropriate safeguards in connection with the transfer.
If a person concerned wishes to exercise this right of access, they may at any time contact a member of staff of the controller.
c) Right of rectification
Any person concerned by the processing of personal data has the right, granted by the European directive and regulation authority, to request the rectification without delay of inaccurate personal data concerning him or her. Furthermore, taking into account the purposes of the processing, the person concerned shall have the right to request the completion of incomplete personal data, including by means of a supplementary statement.
If a person concerned wishes to exercise this right of rectification, they may at any time contact a member of staff of the controller.
d) Right of deletion (right to be forgotten)
Any person concerned by the processing of personal data shall have the right, granted by the European directive and regulation authority, to require the controller to delete without delay the personal data concerning him or her, if one of the following reasons applies and if the processing is not necessary:
Personal data has been collected or otherwise processed for purposes for which it is no longer needed.
The person concerned withdraws their consent on which the processing was based pursuant to Section 6 (1) (a) GDPR or Section 9 (2) (a) GDPR and there is no other legal basis for the processing.
The person concerned objects to the processing pursuant to Section 21 (1) GDPR and there are no overriding legitimate reasons for the processing or the person concerned objects to the processing pursuant to Section 21 (2) GDPR.
The personal data has been processed unlawfully.
The deletion of the personal data is necessary to fulfil a legal obligation under EU law or the law of the member states to which the controller is subject.
The personal data was collected in relation to information society services offered pursuant to Section 8 (1) GDPR.
If one of the above reasons applies and a person concerned wishes to have personal data stored by P+B GmbH & Co. KG deleted, they can contact a member of staff of the controller at any time. The member of staff of P+B GmbH & Co. KG will ensure that the request for deletion is complied with immediately.
If the personal data has been made public by P+B GmbH & Co. KG and if our company as the controller is obliged to delete the personal data in accordance with Section 17 (1) GDPR, P+B GmbH & Co. KG shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform other controllers who process the published personal data that the person concerned has requested the deletion of all links to this personal data or copies or replications of this personal data from these other controllers, insofar as the processing is not necessary. The member of staff of P+B GmbH & Co. KG will take the necessary steps in individual cases.
e) Right of limitation of processing
Any person concerned by the processing of personal data has the right, granted by the European directive and regulation authority, to request the controller to limit the processing if one of the following conditions is met:
The accuracy of the personal data shall be contested by the person concerned for a period of time which enables the controller to verify the accuracy of the personal data.
The processing is unlawful and the person concerned refuses to delete the personal data and instead requests that the use of the personal data be restricted.
The controller no longer needs the personal data for the purposes of processing, but the person concerned needs it to assert, exercise or defend legal rights.
The person concerned has lodged an objection to the processing pursuant to Section 21 (1) GDPR and it is not yet clear whether the legitimate reasons of the data controller outweigh those of the person concerned.
If one of the above conditions is met and a person concerned wishes to request the restriction of personal data stored by P+B GmbH & Co. KG, they can contact a member of staff of the controller at any time. The member of staff of P+B GmbH & Co. KG will arrange for the processing to be restricted.
f) Right of data transferability
Any person concerned by the processing of personal data has the right, granted by the European directive and regulation authority, to obtain personal data concerning him or her which have been provided by the person concerned to a controller in a structured, commonly used and machine-readable format. They also have the right to transfer this data to another controller without being hindered by the controller to whom the personal data was provided previously, insofar as the processing is based on the consent pursuant to Section 6 (1) (a) GDPR or Section 9 (2) (a) GDPR or on a contract pursuant to Section 6 (1) (b) GDPR and the processing is carried out by automated means, provided that the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority entrusted to the controller.
Furthermore, when exercising their right of data transferability pursuant to Section 20 (1) GDPR, the person concerned has the right to request that the personal data be transferred directly from one controller to another controller, insofar as this is technically feasible and insofar as this does not impair the rights and liberties of other persons.
In order to assert the right of data transferability, the person concerned can contact a member of staff of P+B GmbH & Co. KG at any time.
g) Right of objection
Any person concerned by the processing of personal data has the right, granted by the European directive and regulation authority, to object at any time, for reasons relating to their particular situation, to the processing of personal data concerning them on the basis of Section 6 (1) (e) or (f) GDPR. This also applies to profiling based on these provisions.
P+B GmbH & Co. KG will no longer process the personal data in the event of an objection unless we can prove compelling reasons for the processing worthy of protection which outweigh the interests, rights and liberties of the person concerned, or the processing serves to assert, exercise or defend legal claims.
If P+B GmbH & Co. KG processes personal data in order to carry out direct advertising, the person concerned has the right to object at any time to the processing of personal data for the purpose of such advertising. This also applies to profiling as far as it is connected with such direct advertising. If the person concerned objects to P+B GmbH & Co. KG processing the data for direct marketing purposes, P+B GmbH & Co. KG will no longer process the personal data for these purposes.
In addition, the person concerned has the right to object to the processing of personal data concerning him or her by P+B GmbH & Co. KG for scientific or historical research purposes or for statistical purposes in accordance with Section 89 (1) GDPR for reasons arising from his or her particular situation, unless such processing is necessary for the performance of a task in the public interest.
In order to exercise the right of objection, the person concerned may directly contact any member of staff of P+B GmbH & Co. KG or another member of staff. The person concerned is also free to exercise their right of objection in connection with the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures in which technical specifications are used.
h) Automated decisions in individual cases including profiling
Any person concerned by the processing of personal data has the right, granted by the European directive and regulation authority, not to be subject to a decision based solely on an automated processing operation, including profiling, which produces legal effects on that person or significantly affects them in a similar way, provided that the decision (1) is not necessary for the conclusion or performance of a contract between the person concerned and the controller, or (2) is admissible under EU or national law or rules of the member states to which the controller is subject and which provide for adequate measures to safeguard the rights and freedom and the legitimate interests of the person concerned, or (3) is taken with the express consent of the person concerned.
If the decision (1) is necessary for the conclusion or performance of a contract between the person concerned and the controller or (2) is made with the express consent of the person concerned, P+B GmbH & Co. KG shall take appropriate measures to safeguard the rights and freedoms as well as the legitimate interests of the person concerned, including at least the right to obtain the intervention of a person on the part of the controller, to state his or her own position and to challenge the decision.
If the person concerned wishes to assert rights relating to automated decisions, they may at any time contact a member of staff of the controller.
i) Right of revocation of a consent granted under data protection law
Any person concerned by the processing of personal data has the right, granted by the European directive and regulation authority, to revoke their consent to the processing of personal data at any time.
If the person concerned wishes to assert their right to revoke their consent, they may do so at any time by contacting a member of staff of the controller.
7. Data protection in applications and in the application process
The data controller collects and processes the personal data of applicants for the purpose of processing the application procedure. Processing may also be carried out electronically. This is particularly the case if an applicant submits the relevant application documents electronically, for example by email or via a web form on the website, to the data controller. If the data controller concludes an employment contract with an applicant, the data transmitted shall be stored for the purpose of processing the employment relationship in compliance with the statutory provisions. If the controller does not conclude a contract of employment with the applicant, the application documents shall be automatically deleted two months after notification of the rejection decision, unless deletion conflicts with any other legitimate interests of the controller. Other legitimate interests in this sense include, for example, the duty to provide evidence in proceedings under the German General Equal Treatment Act (GETA).
8. Lawfulness of processing
Section 6 (I) (a) GDPR serves our company as a 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 person concerned is a party, as is the case, for example, with processing operations which are necessary for the delivery of goods or the provision of other services or consideration, the processing is based on Section 6 (I) (b) GDPR. The same applies to such processing operations which are necessary for the implementation of pre-contractual measures, for example in cases of inquiries regarding our products or services. If our company is subject to a legal obligation requiring the processing of personal data, such as for the fulfilment of tax obligations, the processing is based on Section 6 (I) (c) GDPR. In rare cases, the processing of personal data may become necessary in order to protect the vital interests of the person concerned or another natural person. This would be the case, for example, if a visitor to our premises were injured and their name, age, health insurance details or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Section 6 (I) (d) GDPR. Ultimately, processing operations could be based on Section 6 (I) (f) GDPR. Processing operations that are not covered by any of the aforementioned 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 fundamental freedoms of the person concerned do not prevail. Such processing operations are permitted to us in particular because they have been specifically mentioned by the European lawmakers. In this respect, the lawmakers took the view that a legitimate interest could be assumed if the person concerned is a customer of the controller (recital 47 sentence 2 GDPR).
9. Legitimate interests in the processing pursued by the controller or by a third party
If the processing of personal data is based on Section 6 (I) (f) GDPR, our legitimate interest is the conduct of our business for the benefit of all our employees and shareholders.
10. Duration for which the personal data is stored
The criterion for the duration of the storage of personal data is the respective legal retention period. After this period has expired, the corresponding data will be routinely deleted unless they are no longer required for the fulfilment or initiation of a contract.
11. Legal or contractual regulations governing the provision of personal data; necessity for the conclusion of a contract; obligation of the person concerned to provide the personal data; possible consequences of not providing the data
Please be advised that the provision of personal data is partly required by law (e.g., tax regulations) or may result from contractual provisions (e.g., information on the contractual partner). Sometimes it may be necessary for a contract to be concluded that a person concerned makes personal data available to us which must subsequently be processed by us. For example, the person concerned is obliged to provide us with personal data if our company concludes a contract with him or her. Failure to provide personal data would mean that the contract could not be concluded with the person concerned. The person concerned must contact one of our members of staff prior to the provision of personal data by the person concerned. Our member of staff will inform the person concerned on a case-by-case basis whether the provision of the personal data is required by law or contract or is necessary for the conclusion of a contract, whether there is an obligation to provide the personal data and what the consequences of not providing the personal data would be.
12. Existence of an automated decision-making process
As a responsible company, we refrain from automatic decision-making or profiling.
13. For any questions, please contact our data protection manager
Mr. Joachim Jesse
P: +49 2241-936980