Data protection
Privacy Statement
We are glad to see that you are interested in our company. The management of Dominion GmbH places a high value on the protection of your data. Basically, you can use the Dominion GmbH website without having to provide any personal data. However, in the event someone wants to use special services our company provides via the Internet, it might be necessary to process some personal data. If no statutory condition applies to the processing we undertake, we can only process your data after we ask for your explicit consent.
The processing of personal data, such as the name, address, e-mail address or telephone number of a data subject, is always carried out in accordance with the Basic Regulation for Data Protection and in accordance with the country-specific data protection regulations applicable to Dominion GmbH.
By means of this Privacy Statement, our company would like to inform the public about the type, scope and purpose of the personal data collected, used and processed by us. Furthermore, data subjects are informed about their rights by means of this Privacy Statement.
As the data controller, Dominion GmbH has implemented several technical and organisational measures in order to ensure the most complete protection of personal data processed through this website. Nevertheless, Internet-based data transmissions can in principle have security gaps so that absolute data security cannot be guaranteed. For this reason, each data subject is free to transmit personal data to us by alternative means, e.g., by phone.
1. Definitions
The Privacy Statement of Dominion GmbH is based on the terms used by the European legislators for the adoption of the General Data Protection Regulation (GDPR). Our Privacy Statement is supposed to be easy to read and to understand by the public as well as by our customers and business partners. In order to ensure this, we would like to explain the terminology in advance.
In our Privacy Statement, among others, we are using the following terms:
a) Personal Data
Personal data is information relating to an identified or identifiable individual (in the following designated as the “data subject”). An identifiable data subject is a natural person who can, directly or indirectly, be identified, in particular by means of assignment to an identifier such as a name, an identification number, location data, an online identifier or to one or more special features, which are an expression of the physical, physiological, genetic, psychological, 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 data controller.
c) Processing
Processing is each action performed with or without help of automated processes or any such operational sequence in connection with personal data such as the collection, recording, organization, arranging, retention, adaptation or modification, reading, consulting, use, disclosure by transmission, dissemination or any other form of provision, reconciliation or linking, restriction, deletion or destruction.
d) Limitation for Processing
Limitation of processing is the marking of stored personal data with the objective to limit further processing of this data.
e) Profiling
Profiling is any type of automated processing of personal data with the objective to use this data to evaluate certain personal aspects with regard to a natural person, in particular to analyse or predict aspects regarding work performance, economic situation, health status, personal preferences, interests, reliability, conduct, location or change of location of this individual.
f) Pseudonymisation
Pseudonymisation is the processing of personal data in a way that the personal data can no longer be assigned to a specific individual without additional information, as long as this additional information is stored separately and is subject to technical and organisational measures ensuring that the personal data cannot be assigned to an identified or identifiable person.
g) Controller or person responsible for processing
Controller or person responsible for processing is a natural person or legal entity, authority, institution or other agency who, alone or in conjunction with others, decides on purpose and means for the processing of personal data. In the event that the purpose and means of processing are mandated by Union law or laws of the member states, the controller or the specific criteria for his appointment may be provided for under Union law or Member State law.
h) Processor
The processor is a natural person or legal entity, authority, institution or other agency processing personal data on behalf of the controller.
i) Recipient
Recipient is a natural person or legal entity, authority, institution or other agency receiving personal data, regardless of whether or not it is a third party. However, authorities receiving personal data within the framework of a specific investigation mandate according to Union law or laws of the member states, are not considered recipients.
j) Third party
A third party is a natural person or legal entity, authority, institution or other agency other than the data subject, the controller, the processor or other persons authorised to process the personal data under the direct responsibility of the controller or the processor.
k) Consent
Consent is any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, indicates that he or she agrees to the processing of personal data concerning him or her.
2. Name and address of the controller
Controller as defined by 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:
Dominion GmbH
Ernst-Reuter-Straße 7
51427 Bergisch Gladbach
Germany
Phone: 0220494800
E-Mail: info@dominion-gmbh.de
Website: www.dominion-gmbh.de
3. Cookies
The Internet pages of Dominion GmbH use cookies. Cookies are small text files stored on a computer by the Internet browser.
Many Internet pages and servers use cookies. Many cookies contain a so-called cookie ID. This cookie ID is a unique identifier for the cookie. It consists of a string of characters which can clearly assign the internet page and server to the specific Internet browser where the cookie was stored. This enables the visited Internet pages and servers to distinguish the individual browser of the data subject from other Internet browsers with different cookies. A specific Internet browser can be recognized and identified via the unique cookie ID.
By using cookies, Dominion GmbH can provide users of its Internet site with more user-friendly services which would not be possible without setting the cookies.
Via cookies, information and offers on our website can be optimized to serve the user better. Cookies enable us, as previously mentioned, to recognize users of our website. Purpose of this recognition is to facilitate use of the site for users. Users of a website using cookies, do not, for example, have to re-enter their access data each time he or she visits the website because this is done by the website and the cookie stored on the user’s computer system. Another example is the shopping cart cookie in the online shop. The online shop remembers the articles the user put in his virtual shopping cart, again via a cookie.
The data subject however can at any time prevent the setting of cookies by our website by using the respective settings function of their Internet browser and thereby permanently object to the setting of cookies. In addition, the user can delete all cookies already set, either via the Internet browser or other software programs. All common Internet browsers provide this feature. In the event the user deactivates the setting of cookies in their Internet browser, not all functions of our website may be fully usable.
4. Collection of general data and information
Each time a data subject or an automated system calls up the Dominion GmbH website, we collect a number of general data and information. This general data and information is saved to the server’s logfiles. Among this data may be (1) the browser type and versions used, (2) the operating system of the system accessing the site, (3) the Internet page from where the system accesses our site (so-called referrer), (4) the sub-websites which are accessed via an accessing system on our Internet site, (5) date and time of access to the website, (6) the Internet protocol address (IP address), (7) the Internet service provider of the accessing system and (8) other similar data and information used to avert any danger in case of attacks on our information technology systems.
When using this general data and information, Dominion GmbH does not draw any conclusion regarding the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) to optimise the contents of our website as well as any advertising for the site, (3) to ensure the long-term functionality our information technology systems and technical features of our website as well as (4) to be able to provide law enforcement authorities with the necessary information in case of a cyber attack. This data, which is collected anonymously, is on the one hand evaluated by Dominion GmbH for statistical purposes but also with the objective to improve data protection and data safety in our company in order to ensure an optimum level of protection for the personal data processed by us. The anonymous data of the server logfiles is stored separately from the personal data a data subject has provided.
5. Routine deletion and blocking of personal data
The person responsible for data processing (controller) processes and saves personal data of the data subject only for the period required for the purpose of storage or insofar as this is provided for by the European legislator or another legislator in laws or regulations to which the controller is subject.
If the purpose of storage no longer applies or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data is routinely blocked or deleted in accordance with the statutory provisions.
6. Rights of the data subject
a) Right to confirmation
Each data subject shall have the right granted by the European legislator to obtain from the controller confirmation as to whether personal data concerning him or her is being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact any employee of the controller.
b) Right to information
Any data subject affected by the processing of personal data has the right granted by the European legislator to at any time obtain free information from the controller about the personal data stored about him or her and to receive a copy of this information. Furthermore, the European legislator has granted the data subject access to the following information:
purpose of data processing
categories of personal data processed
Recipients or categories of recipients to which personal data is or will be disclosed, in particular for recipients in third countries or at international organisations
If feasible, the scheduled duration of storage of the personal data or if this is not possible, criteria used to determine that period
Existence of the right to correction or deletion of the personal data relating to the data subject or limitation to processing by the controller or right to object to this processing
Existence of right to lodge a complaint with a supervisory authority
When the personal data is not collected directly from the data subject:
All available information regarding source of the data
Existence of automated decision-making including profiling in accordance with Article 22 para.1 and 4 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
In addition, the data subject has a right to information as to whether personal data has been transferred to a third country or to an international organisation. If this is the case, the data subject also has the right to obtain information on the appropriate safeguards in connection with the transfer.
If a data subject wishes to avail himself of this right of access, he or she may, at any time, contact any employee of the controller.
c) Right to rectification
Each data subject shall have the right, granted by the European legislator, to demand from the controller immediate rectification of inaccurate personal data concerning him or her. Furthermore, the data subject has the right to request 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 avail himself of this right to rectification, he or she may, at any time, contact any employee of the controller.
d) Right to deletion (Right to be forgotten)
Each data subject shall have the right granted by the European legislator to obtain from the controller the immediate deletion of personal data concerning him or her without undue delay, if one of the following reasons applies and if processing is not necessary.
The personal data is collected for purposes or otherwise processed for which there is no longer any need.
The data subject revokes his or her consent to the processing pursuant to Article 6 para. 1 letter a of the GDPR or Article 9 para. 2 letter a of the GDPR and there is no other legal basis for the processing.
The data subject objects to processing according to Article Art. 21 para.1 GDPR and there are no overriding legitimate grounds for processing, or the data subject objects to the processing according to Art. 21 para. 2 GDPR.
The personal data was processed without any legal grounds.
Deletion of the personal data is required based on a legal obligation under Union or Member state law to which the controller is subject.
The personal data was collected in relation to information society services offered in accordance with Article 8 para. 1 GDPR.
If one of the aforementioned reasons applies, and a data subject wishes to request the deletion of personal data stored by Dominion GmbH, he or she may, at any time, contact any employee of the controller. The Dominion GmbH employee will make sure that the request for deletion is performed without delay.
In the event that the personal data has been made public by Dominion GmbH and our company as controller is obligated to delete the personal data according to Art. 17 para. 1 GDPR, Dominion GmbH shall take appropriate measures, including technical measures, while taking into account the available technologies and implementation costs to inform other controllers who process the personal data made public that the data subject has requested the deletion of all links to their personal data as well as copies or replications of this personal data insofar as processing is not required. The Dominion GmbH employee will arrange the necessary measures in each individual case.
e) Right to restriction of processing
Each data subject affected by processing of his or her personal data shall have the right granted by the European legislator to request from the controller a restriction of processing, if one of the following conditions is met:
The data subject contests the accuracy of the personal data for a period enabling the controller to verify the accuracy of the personal data.
The processing is unlawful, the data subject refuses the deletion of the personal data and requests instead the restriction of the use of the personal data.
The controller no longer requires the personal data for the purpose of processing; however, the data subject needs it to assert, exercise or defend legal claims.
The data subject has objected to the processing in accordance with Article 21 para. 1 GDPR and it has not yet been determined whether the legitimate reasons of the controller outweigh those of the data subject.
If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by Dominion GmbH, he or she can contact an employee of the controller at any time. The employee of Dominion GmbH will arrange the restriction of the processing.
f) Right to data transferability
Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which has been provided to a controller by the data subject, in a structured, commonly used and machine-readable format.
The data subject also has the right to transmit this data to another controller without hindrance from the controller to whom the personal data has been initially given, provided that the processing is based on consent pursuant to Art. 6 paragraph 1 letter a of the GDPR or article 9 paragraph 2 letter a of the GDPR or on a contract pursuant to article 6 para. 1 letter b of the GDPR and the processing is carried out using automated methods, provided that the processing is not necessary for the performance of a task in the public interest or in the exercise of official authority, which has been transferred to the controller.
Furthermore, in exercising its right to data transferability in accordance with Article 20 para. 1 GDPR, the data subject has the right to have the personal data transmitted directly from one controller to another, insofar as this is 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 transferability, the data subject may at any time contact any employee of Dominion GmbH.
g) Right to object
Each data subject shall have the right granted by the European legislator, on grounds relating to his or her particular situation, to object at any time to processing of personal data concerning him or her, due to Art. 1 letter e or f of the GDPR; this also applies to profiling based on these provisions.
Dominion GmbH shall no longer process the personal data in the case an objection has been lodged, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims.
In the event that Dominion GmbH uses personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing purposes. The same applies to profiling as long as it is performed in connection with such direct marketing actions. If the data subject objects to Dominion GmbH processing its data for direct marketing purposes, Dominion GmbH will no longer process the personal data for these purposes.
In addition, the data subject shall have the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her, for scientific or historical research purposes or for statistical purposes in accordance with Art. 89 para. 1 GDPR, unless such processing is necessary for the performance of a task in the public interest.
In order to exercise the right to object, the data subject may contact any employee of Dominion GmbH. The data subject is also free to exercise his or her right to object in connection with the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures using technical specifications.
h) Automated decision-making in individual cases including profiling
Each data subject has the right granted by the European legislator to not to be subject to a decision based solely on automated processing – including profiling – which has legal effects on its person or significantly impairs it in a similar way, insofar as the decision (1) is not required for the conclusion or performance of a contract between the data subject and the controller or (2) is legitimate based on Union or Member state law to which the controller is subject and the respective laws contain adequate measures for the protection of rights and freedoms as well as the legitimate interests of the data subject or (3) the decision has been taken with the express consent of the data subject.
In the event that the decision is required (1) for the conclusion or performance of a contract between the data subject and the controller or (2) has been taken with the express consent of the data subject, Dominion GmbH will undertake adequate measures to safeguard the legitimate interests of the data subject, which include at least the right to obtain the intervention of a person on controller’s side, to express one’s own point of view and to challenge the decision.
If the data subject wishes to exercise rights concerning automated decision-making, he or she may, at any time, contact any employee of the controller.
i) Right to withdraw consent under data protection law
Each data subject shall have the right granted by the European legislator to withdraw his or her consent to the processing of personal data at any time.
If the data subject wishes to exercise his or her rights concerning the withdrawal of consent, he or she may, at any time, contact any employee of the controller.
7. Legal basis for processing
At our company, Art. 6 I lit. a GDPR serves as legal basis for all processing operations where we ask for consent for a specific processing purpose. If processing of personal data is required for the performance of a contract to which the data subject is a party, as for example in cases where processing operations are necessary for delivery of goods or performance of other services or considerations, processing is based on Art. 6 I lit. b GDPR. The same applies for processing operations required for the performance of pre-contractual measures, e.g., regarding requests relating to our products and services. In the event that our company is subject to a legal obligation by which processing of personal data is required, such as for the fulfilment of tax obligations, the processing is based on Art. 6 I lit. c GDPR. In rare cases, the processing or personal data might be necessary in order to protect vital interests of the data subject or any other natural person. This might be required if, for example, a visitor gets hurt while visiting our premises and we would then have to disclose his name, age, his health insurance details or other vital information to a doctor, a hospital or other third parties. In that case, processing would be based on Art. 6 I lit. d GDPR.
Ultimately, processing operations can be based on Art. 6 I lit. f GDPR. Processing operations which are not covered by any of the aforementioned legal grounds can be based on this legal basis when processing is required to protect legitimate interests of our company or a third party, provided that the interests, fundamental rights and freedoms of the data subject are not overridden. In particular, we are permitted to use such processing operations because they have been specifically mentioned by the European legislator. In this respect, the legislator considered that a legitimate interest could be assumed if the data subject is a customer of the controller (recital 47 sentence 2 GDPR).
8. Legitimate interests in processing pursued by controller or a third party
In the event that the processing of personal data is based on article 6 lit. f GDPR, our legitimate interest is the conduct of our business to benefit all our employees and shareholders.
9. Time period for storage of personal data
The main criterium for the duration of the storage of personal data is the respective statutory retention period. Once this deadline has expired, the respective data is routinely deleted as long as it is no longer needed to fulfil the contract or initiate a new contract.
10. Legal or contractual requirements for the provision of personal data
Required for conclusion of contract; commitment of data subject to provide the personal data; possible consequences of non-provision
We clarify that the provision of personal data is legally mandated in some cases (e.g., tax rules) or may also result from contractual arrangements (e.g., information about the contractual partner).
In some cases, it is required for the conclusion of a contract that the data subject provides us with personal data which must subsequently be processed by us. For example, the data subject is obligated to provide us with personal data when our company enters into a contract with this person. Failure to provide the personal data would consequently entail that the contract with the data subject cannot be concluded.
Before the data subject provides personal data, he or she has to contact one of our employees. This employee will then inform the data subject in each individual case whether the provision of personal data is a statutory or contractual requirement or required for conclusion of the contract, whether there is an obligation for provision of personal data and the consequences of not providing this personal data.
11. Existence of automated decision-making
As a responsible company, we do not use automatic decision-making or profiling.
This Privacy Policy has been generated by the Privacy Policy Generator of the DGD Deutsche Gesellschaft für Datenschutz GmbH /German Association for Data Protection GmbH/ which serves as external data protection officer for Lower Bavaria, in cooperation with the data protection lawyers of the law firm WILDE BEUGER SOLMECKE | Rechtsanwälte.