DATA PROTECTION STATEMENT UNDER GDPR

 

 

I. NAME AND ADDRESS OF THE CONTROLLER

The controller within the meaning of the General Data Protection Regulation and other national data protection laws of the member states as well as other data protection provisions is:

EXCELLA GmbH & Co KG
Nuernberger Strasse 12
90537  FEUCHT
Germany
Tel.: +49-9128-404-0
Fax: +49-9128-404-646
E-Mail: info.excella@fareva.com
Website: https://www.excella.de

 

II. NAME AND ADDRESS OF THE DATA PROTECTION OFFICER

You can contact our data protection officer by e-mail:
datenschutz.excella@fareva.com
or using the other contact details given above.

 

III. GENERAL INFORMATION ON DATA PROCESSING

1. SCOPE OF THE PROCESSING OF PERSONAL DATA

As a matter of policy, we only process personal information about our users to the extent necessary to provide a functional website and our content and services.

 

2. LEGAL BASIS FOR THE PROCESSING OF PERSONAL DATA

Where we obtain the consent of the data subject for processing operations involving personal data, the legal basis is Article 6 (1) lit. a of the EU General Data Protection Regulation (GDPR) will serve as the legal basis.

When processing personal data necessary for the performance of a contract to which the data subject is a party, Art. to which the data subject is a party, Art. 6 (1) lit. b GDPR is the legal basis. This also applies processing operations that are necessary for the implementation of pre-contractual measures.

To the extent that the processing of personal data is necessary to comply with a legal obligation to which our company is subject, Art. 6 par. 1 lit. c GDPR serves as the legal basis.

If the processing is necessary to protect a legitimate interest of our company or a third party and to protect the interests, fundamental rights and freedoms of the data subject, Art. interests of the data subject, Art. 6 (1) lit. f GDPR serves as the legal basis for the processing.

 

3. DELETION OF DATA AND STORAGE PERIOD

The personal data of the data subject shall be deleted or blocked as soon as the purpose for which it was stored no longer applies. The data may also be stored if the European or national legislator has provided for this in Union regulations, laws or other provisions to which the data controller is subject. The data will also be blocked or deleted at the end of a storage period prescribed by the above-mentioned norms, unless there is a need for the continued storage of the data in order to necessary for the conclusion or fulfilment of a contract.

 

IV. PROVISION OF THE WEBSITE AND CREATION OF LOG FILES

1. DESCRIPTION AND SCOPE OF DATA PROCESSING

Each time our website is accessed, our system automatically collects data and information from the from the computer system of the accessing computer.

The following information is collected:

  • Information about the type and version of browser used

  • The user’s operating system

  • The user’s internet service provider

  • The user’s IP address

  • Date and time of access

  • Websites from which the user’s system accesses our website

  • Websites visited by the user’s system via our website

User information is only required for the duration of the session. This data is not logged or stored together with other personal data of the user.

The data is also stored in the log files of our system. This does not include the user’s IP addresses of the user or other data that allows the data to be assigned to a user. This data is stored together with other personal data of the user.

 

2. LEGAL BASIS FOR DATA PROCESSING

The legal basis for the temporary storage of the data and the log files is Art. 6 para. 1 lit. f GDPR.

 

3. PURPOSE OF THE DATA PROCESSING

The temporary storage of the IP address by the system is necessary to enable delivery of the website to the user’s computer. For this purpose, the user’s IP address must remain stored for the duration of the session.

The log files are not stored.

These purposes are also our legitimate interest in data processing according to Art. 6 para. 1 lit. f GDPR.

 

4. STORAGE PERIOD

The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. In the case of the collection of data for the provision of the website, this is the case when the respective session has ended.
Neither logging nor storage of user data takes place.

 

5. POSSIBILITY OF OBJECTION AND REMOVAL

The collection of data for the provision of the website is absolutely necessary for the operation of the website. Consequently, there is no possibility for the user to object.

 

V. USE OF COOKIES

A) DESCRIPTION AND SCOPE OF DATA PROCESSING

Our website uses cookies. Cookies are text files that are stored in the user’s Internet browser or computer. When a user accesses a website, a cookie may be stored on the user’s operating system. This cookie contains a string of characters that allows the browser to be uniquely identified when the website is visited again.

We use cookies to make our website more user-friendly. Some elements of our website require that the calling browser can be identified even after a page change.

The following information is stored and transmitted in cookies:

  • Language settings

  • Details in the applicant portal

  • Log-in information

  • Storage of your cookie preferences


The user data collected in this way is pseudonymised by technical means. It is therefore is no longer possible to assign the data to the calling user. The data will not be stored together with the user’s other personal data. When accessing our website, users are informed by a banner about the use of cookies for analysis purposes and are referred to this privacy statement. In this context, it is also indicated how to prevent the storage of cookies in the browser settings.

When accessing our website, the user is informed of the use of cookies for analytical purposes and their consent to the processing of personal data used in this context is obtained. Reference will also be made to this privacy policy.


B) LEGAL BASIS FOR DATA PROCESSING

The legal basis for the processing of personal data using technically necessary cookies is Art. 6 para. 1 lit. f GDPR.

The legal basis for the processing of personal data for optional cookies is your consent according to Art. 6 para. 1 lit. a GDPR.


C) PURPOSE OF THE DATA PROCESSING

The purpose of the use of technically necessary cookies is to facilitate the use of websites for users. Some features of our website cannot be provided without the use of cookies. For these functions, it is necessary for the browser to be recognised after a page change.

The Jobs section of our website lists current vacancies. As soon as you will be directed to the online application portal. This is operated and managed by Concludis GmbH. There is an order processing agreement with Concludis GmbH. Your application application data will be collected and stored there and made available exclusively to Excella GmbH & Co KG. You will receive detailed information on data protection when using the application during the use of the application portal and processing in the selection procedure before your data is to Concludis GmbH at the end of the application process.

We require cookies for the following applications:

  • Applicant portal

  • Adoption of language settings

  • Remembering search terms

  • Storage of your cookie preferences


The user data collected through technically necessary cookies are not used to create user profiles.

These purposes also constitute our legitimate interest in processing the personal data in accordance with Art. 6 (1) lit. f GDPR.

Information on Facebook Pixel can be found below in our privacy policy.


D) DURATION OF STORAGE, POSSIBILITY OF OBJECTION AND ELIMINATION

Cookies are stored on the user’s computer and transferred to our site by the user. Therefore, You, as the user, also have full control over the use of cookies. By changing the settings on your Internet browser, you can disable or limit the transmission of cookies. Cookies that can be deleted at any time. This can also be done automatically. If cookies for our website, you may not be able to use all the functions of the website to their functions of the website to their full extent.

 

VI. USING THE ONLINE APPLICATION PORTAL

You will find current job opportunities on our website under the Jobs section. As soon as you click on you will be directed to the online application portal. This is operated and managed by Concludis GmbH. There is an order processing agreement with Concludis GmbH. Your application data will be collected and stored there and made available exclusively to Excella GmbH & Co KG. You will receive detailed information on data protection when using the application during the use of the application portal and processing in the selection procedure before your data is to Concludis GmbH at the end of the application process.

The data protection information will be opened when you enter the application portal.

We will store your personal data for the duration of the application process. If we do not employ you as an employee, your personal data will be automatically deleted no later than six months after the end of the from the end of the application process.

 

VII. Whistleblower protection

Scope of the processing of personal data

The White Sparrow whistleblower system of MKM Compliance GmbH, Leipziger Platz 9, 10117 Berlin, is integrated on our website. As part of our whistleblower system, we offer you the opportunity to report violations of rules of conduct to us. We attach great importance to protecting the whistleblower and third parties who are the subject of a reported suspicion. We ensure that the confidentiality of the identity and the reported violation is maintained. Personal data is processed when breaches of the Code of Conduct are reported. The whistleblower can decide for themselves whether they wish to remain anonymous or provide personal details.

 

Processed personal data

In the case of anonymous reports, no e-mail address, telephone number or other technical data that could be used to identify the whistleblower is collected and stored. In accordance with the confidentiality protection required by law, no IP or MAC addresses, standard information or other personal data is stored automatically and without the knowledge of the person concerned. Even metadata such as IP addresses or network and device specifications, which are absolutely necessary for the transmission of the report, are only stored for a short time and then deleted. Our whistleblower system ensures that an IP address cannot be linked to a submitted report. The whistleblower can voluntarily provide the following personal data:

  • Surname, first name

  • Address

  • Telephone number for queries

  • E-mail address for further questions

  • Personal data of third parties named in the SAR.

 

Legal basis for the processing of personal data

The legal basis for the processing is the fulfillment of the legal obligation to operate an internal reporting office, Art. 6 para. 1 lit. c GDPR in conjunction with §§ 10 and 12 ff. Whistleblower Protection Act.

 

Purpose of the data processing

The data transmitted by the whistleblower will be processed by the controller as part of the operation of the internal reporting office, to conduct proceedings, to take follow-up measures and to ensure compliance with all obligations under the Whistleblower Protection Act.

 

Duration of storage

Incoming reports will be stored by the controller for a period of three years after completion of the procedure and then deleted, unless longer storage is necessary and proportionate to fulfill the requirements of the Whistleblower Protection Act or other legal provisions.

 

Your rights

You can find out what rights you are entitled to and how to assert them at the bottom of this privacy policy.

 

VIII. Social media channels

SCOPE OF THE PROCESSING OF PERSONAL DATA

We maintain publicly accessible profiles on various social networking sites. When you visit our profiles, your personal information is collected, used and stored not only by us, but also by the operators of the respective social network. This happens even if you do not have a profile on the social network in question. The individual data processing operations and their scope vary depending on the operator of the respective social network and are not necessarily traceable by us. For details on the collection and storage of your personal data, as well as the nature, extent and purpose of its use by the operator of the respective social network, please refer to the privacy policy of the respective operator:

  • For the social network Facebook: https://www.facebook.com/privacy/policy

  • For the social network Instagram: https://help.instagram.com/155833707900388

Both networks are operated by Meta Platforms Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland.

 

PERSONAL DATA PROCESSED

As the operator of the Fan Pages, we can only see the information stored in your public profile, and only if you have your own profile and are logged in to it when you visit our Fan Page. Meta Platforms also uses cookies that are stored on your device when you visit our Fan Page, even if you do not have your own profile or are not logged in when you visit our Fan Page.

In addition, the platform operator provides us with anonymous usage statistics. We do not have access to the usage data that Meta Platforms collects to compile these statistics. Meta Platforms is primarily responsible for the processing of this data under the GDPR, and has undertaken to us that it will fulfil all of its obligations under the GDPR in relation to this data.

If you communicate with us through the profiles (for example, by creating your own posts, replying to one of our posts or sending us private messages), we will also process the information you provide.

 

LEGAL BASIS FOR THE PROCESSING OF PERSONAL DATA

The legal basis for data processing, with the exception of cookies and contacting us, is our legitimate interest, Art. 6 para. 1 lit. f GDPR. Our legitimate interest is to improve the user experience when visiting our fan site.

The legal basis for the processing of your data in connection with the setting and reading of cookies, as well as when you contact us, is your consent, Art. 6 par. 1 lit. a GDPR.

 

PURPOSE OF DATA PROCESSING

The purpose of data processing is the operation of our respective fan page within the social network. If you contact us via the profiles, the data you provide us with will be processed exclusively for the purpose of being able to contact you.

 

DURATION OF STORAGE

We will retain your personal information for as long as is necessary to fulfil the purposes described above. We will then delete your personal data unless there is a legal obligation to retain it.

 

YOUR RIGHTS

You can find out what rights you have and how to exercise them at the end of this privacy policy.

 

IX. EMAIL CONTACT

1. DESCRIPTION AND SCOPE OF DATA PROCESSING

A contact address is available on our website, which can be used for electronic contact. If a user uses this option, no data will be transmitted to us and stored.

The following data is also written at the time the message is sent:

  • Mail address of the sender

  • Connection details of the mail

  • Date and time


In this case, the user’s personal data transmitted with the e-mail will be stored.

In this context, the data will not be passed on to third parties. The data is used exclusively for processing the conversation.

 

2. LEGAL BASIS FOR DATA PROCESSING

The legal basis for the processing of the data is Art. 6 para. 1 lit. a GDPR if the user has given his consent.

The legal basis for the processing of data transmitted in the course of sending an e-mail is Art. 6 (1) lit. f GDPR. If the email contact aims at the conclusion of a contract, the additional legal basis for the processing is Art. 6 para. 1 lit. b GDPR.

 

3. PURPOSE OF THE DATA PROCESSING

The processing of the personal data from the input mask serves us exclusively to process the contact. In the case of contact by e-mail, this also constitutes the necessary legitimate interest to process the data.

 

4. STORAGE PERIOD

The data will be deleted as soon as they are no longer necessary for the purposes for which they were collected. The file will be closed when the circumstances indicate that the matter in question has been definitively resolved.

 

5. POSSIBILITY OF OBJECTION AND REMOVAL

The user may at any time revoke his or her consent to the processing of personal data. If the user contacts us by e-mail, he or she may at any time object to the storage of his or her personal data. In such a case, the conversation cannot be continued.

In this case, please contact the Data Protection Officer.

All personal data collected during the contact will be deleted in this case.

 

X. FACEBOOK PIXEL

1. DESCRIPTION AND SCOPE OF DATA PROCESSING

We use the Facebook Pixel from Facebook of Meta Platforms, Inc. based in Menlo Park, California, USA on our website. The Facebook Pixel enables us to serve interest-based advertising to users of our website when they visit the Facebook platform. The Facebook Pixel is a cookie that establishes an automatic connection with Meta Platforms, Inc.’s web servers. This allows Meta Platforms, Inc. to receive information that you have visited our website. If you have a Facebook account, you may be shown interest-related advertisements when you visit the Platform.

Meta Platforms, Inc. processes your data in, among other places, the United States of America. The United States of America may not have the same level of data protection as the European Union. In particular, intelligence and other security agencies may have access to your information. In addition, you may not have an effective legal remedy in the United States.


2. LEGAL BASIS FOR THE PROCESSING OF THE DATA

The legal basis for the processing of the data is Art. 6 par. 1 lit. a GDPR, if the user has given his/her consent.


3. PURPOSE OF THE DATA PROCESSING

The processing of personal data via the Facebook Pixel is for the purpose of targeting advertisements via the Facebook platform.


4. STORAGE PERIOD

We store the cookie for a maximum of 12 months. If you withdraw your consent, the cookie will be deleted immediately.


5. POSSIBILITY OF OBJECTION AND REMOVAL

You may withdraw your consent at any time. In addition, you have the option to individually configure the processing of usage-based advertising in the settings of your Facebook profile.

 

XI. DATA SUBJECT’S RIGHTS

As a data subject, you have the following rights:

1. RIGHT TO ACCESS DATA

You may request confirmation from the controller as to whether we are processing personal data relating to you.

If such processing is carried out, you may request from the controller information about

(1) the purposes of the processing;

(2) the categories of personal data concerned;

(3) the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;

(4) where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;

(5) the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;

(6) the right to lodge a complaint with a supervisory authority;

(7) where the personal data are not collected from the data subject, any available information as to their source;

(8) the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.


You have the right to be informed if personal data concerning you are transferred to a third country or to an international organisation. In this context, you may request to be informed about the appropriate safeguards pursuant to Art. 46 GDPR in relation to the transfer.

 

2. RIGHT OF RECTIFICATION

You have a right of rectification and/or completion vis-à-vis the controller if the personal data processed concerning you are inaccurate or incomplete. The data controller shall carry out the rectification without undue delay.

 

3. RIGHT TO RESTRICTION OF PROCESSING

You may request the restriction of the processing of personal data concerning you under the following conditions:

(1) if you contest the accuracy of the personal data concerning you for a period of time enabling the controller to verify the accuracy of the personal data;

(2) if the processing is unlawful and you object to the erasure of the personal data and request instead the restriction of the use of the personal data;

(3) if the controller no longer needs the personal data for the purposes of the processing but you need it for the establishment, exercise or defence of legal claims; or

(4) if you have objected to the processing pursuant to Article 21(1) GDPR and it has not yet been determined whether the controller’s legitimate grounds override your grounds. If the processing of personal data relating to you has been restricted, those data may be processed – apart from being stored – only with your consent or for the establishment, exercise or defence of legal claims or the protection of the rights of another natural or legal person or for reasons of substantial public interest of the Union or a Member State.

If the processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.

 

4. RIGHT TO BE FORGOTTEN

A) OBLIGATON TO DELETE PERSONAL DATA

You may request the controller to delete your personal data without undue delay and the controller shall delete such data without undue delay if one of the following reasons applies:

(1) The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.

(2) You revoke your consent on which the processing was based pursuant to Art. 6 (1) GDPR and there is no other legal basis for the processing.

(3) You object to the processing pursuant to Article 21 (1) of the GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Article 21 (2) GDPR.

(4) The personal data relating to you has been processed unlawfully.

(5) The erasure of personal data concerning you is necessary for compliance with a legal obligation under Union or national law to which the controller is subject.

(6) The personal data concerning you have been collected in connection with information society services provided pursuant to Art. 8(1) GDPR.

 

B) INFORMATION TO THIRD PARTIES

If the controller has made the personal data concerning you public and is obliged to erase it pursuant to Article 17(1) GDPR, it shall take reasonable measures, including technical measures, having regard to available technology and the cost of implementation, to inform the controllers who process the personal data that you, as the data subject, have requested that they erase all links to, or copies or replicas of, those personal data.

 

C) EXCEPTIONS

The right to erasure does not exist insofar as the processing is necessary

(1) to exercise the right to freedom of expression and information;

(2) for compliance with a legal obligation which requires processing under Union or national 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;

(3) or reasons of public interest in the area of public health pursuant to Art. 9 (2) (h) and (i) and Art. 9 (3) GDPR;

(4) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes pursuant to Article 89(1) of the GDPR, where the right under lit. a) is likely to render impossible or seriously prejudice the achievement of the purposes of such processing; or

(5) to establish, exercise or defend legal claims.

 

5. NOTIFICATION OBLIGATION

If you have exercised your right to rectification, erasure or restriction of processing against the controller, the controller is obliged to notify the rectification, erasure or restriction of processing to all recipients to whom the personal data concerning you have been disclosed, unless this proves impossible or involves a disproportionate effort.

You have the right to be informed by the controller of these recipients.

 

6. RIGHT TO DATA PORTABILITY

you have the right to obtain the personal data concerning you that you have provided to the data controller in a structured, commonly used and machine-readable format. You also have the right to have this data transferred to another controller without hindrance from the controller to whom the personal data has been transferred, provided that

(1) the processing is based on consent pursuant to Art. 6 para. 1 lit. a GDPR or on a contract pursuant to Art. 6 para. 1 lit. b GDPR and

(2) the processing is carried out by automated means.

In exercising this right, you also have the right to have the personal data concerning you transferred directly from one controller to another controller, insofar as this is technically feasible. This must not affect the freedoms and rights of any other person.

The right to data portability does 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.

 

7. RIGHT TO OBJECT

You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out on the basis of Article 6 (1) (f) GDPR; this also applies to profiling carried out on the basis of these provisions. The controller shall no longer process the personal data concerning you unless it can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is necessary for the establishment, exercise or defence of legal claims.

Where personal data relating to you is processed for the purposes of direct marketing, you have the right to object at any time to the processing of personal data relating to you for the purposes of such marketing, including profiling where it is carried out in connection with such direct marketing.

If you object to the processing of your personal data for direct marketing purposes, your personal data will no longer be processed for such purposes. Notwithstanding Directive 2002/58/EC, you have the possibility to exercise your right to object by means of automated procedures using technical specifications in connection with the use of information society services.

 

8. RIGHT TO WITHDRAW YOUR CONSENT

You have the right to withdraw your data protection consent at any time. Withdrawal of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the withdrawal.

 

9. RIGHT TO COMPLAIN WITH A SUPERVISORY AUTHORITY

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 where you reside or work or where the alleged infringement took place, if you consider that the processing of personal data concerning you is in breach of the GDPR.

The supervisory authority to which the complaint is lodged shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Article 78 of the GDPR.

 

The competent Supervisory Authority for the controller is:

Bayerisches Landesamt für Datenschutzaufsicht
Promenade 18
91522 Ansbach
Germany
Tel.: +49 (0) 981 180093-0
Fax: +49 (0) 981 180093-800
Email: poststelle@lda.bayern.de

Status: Februar 2024