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Last update: 17/08/2018

Data Privacy Policy

MARTIN GmbH für Umwelt- und Energietechnik (MARTIN) aims to promote users' trust in the internet and therefore informs the public about its policy on the treatment of personal data. The sections below inform you on what kind of information we collect and for what purpose and how we handle this information.

 

This data protection statement contains specific information for applicants as well as general information that applies to both applicants and all other visitors to our online presence.

 

We will of course treat your data carefully and confidentially, and therefore kindly ask you to send us only serious applications and to check attached files for viruses, etc. before forwarding them to us.

 

Table of contents

  1. Objective and responsibilities
  2. Basic information on data processing and legal basis
  3. Security precautions
  4. Disclosure of data to third parties and third-party providers
  5. Purpose and scope of the processing of applicant data
  6. Disclosure of applicant data
  7. Application channels
  8. Retention and deletion of applicant data
  9. Contact queries
  10. Logging of access data
  11. Cookies
  12. Inclusion of third-party services and contents
  13. User rights
  14. Deletion of data
  15. Right to object
  16. Changes to the data protection statement

 

1. Objective and responsibilities

  1. This data protection statement informs you on how, to what extent and for what purpose personal data is processed in connection with our online presence as well as the websites, functionalities and contents associated with it (hereinafter jointly referred to as "online presence" or "website"). This data protection statement applies independently of the domains, systems, platforms and equipment (e.g. desktop or mobile devices) used to provide and access the online presence.
  2. MARTIN GmbH für Umwelt- und Energietechnik, Leopoldstraße 248, 80807 Munich (Germany), email: mail@martingmbh.de (hereinafter referred to as "we" or "us") is the provider of the online presence and responsible with regards to data protection legislation. For information on the representative and any further contact options, please refer to the section "Legal information" on our website: http://www.martingmbh.de/de/impressum.html
  3. To contact our external data protection officer, Mr. Tim Faulhaber (attorney at law), please write to the following email address: datenschutz@martingmbh.de.
  4. The term "user" as used below refers to both applicants and other visitors to our website.

2. Basic information on data processing and legal basis

  1. We process personal user data only in compliance with the applicable data protection provisions. This means that user data is only processed when a legal permission has been granted, i.e. in particular when: data has to be processed to perform our contractual services (e.g. handling of orders) as well as online services or to meet legal requirements; the users in question have given their consent; the processing of data is in our legitimate interest (i.e. interest in the analysis, optimization and economic operation as well as security of our online presence as per art. 6, para. 1, let. f of the GDPR or, before the GDPR comes into force, on the basis of section 15, para. 3 of the German Telemedia Act (TMG)), in particular when using the services of third-party providers.
  2. With regards to the processing of personal data on the basis of the General Data Protection Regulation (GDPR), we would like to point out that: art. 6, para. 1, let. a and art. 7 of the GDPR are the legal basis for consent questions; art. 6, para. 1, let. b of the GDPR is the legal basis for the processing of personal data for the purposes of performing our services and carrying out contractual measures; art. 6, para. 1, let. c is the legal basis for the processing of data for the purpose of fulfilling our legal obligations; and that art. 6, para. 1, let. f of the GDPR is the legal basis for the processing of personal data for the purpose of protecting our legitimate interests.

3. Security precautions

We take organizational, contractual and technical security precautions as per the state of the art in technology to ensure compliance with the regulations of data protection legislation and to protect the data processed by us against coincidental or intentional manipulations, loss, destruction or the access of unauthorized persons.


4. Disclosure of data to third parties and third-party providers

  1. Data is disclosed to third parties only in compliance with the applicable legal provisions. We disclose user data to third parties only if this is necessary for invoicing purposes, for example, or for other purposes if these are necessary to meet our contractual obligations towards users.
  2. If we hire subcontractors to provide our services, we will take suitable legal precautions as well as appropriate technical and organizational measures to ensure personal data is protected in accordance with the applicable legal provisions.
  3. If, in the context of this data protection statement, contents, tools or any other means from other providers (hereinafter jointly referred to as "third-party providers") are used and their mentioned registered offices are located in third countries, it can be expected that data will be transferred to the countries where the third-party providers have their registered offices.
  4. Third countries are countries where the GDPR does not constitute directly applicable law, i.e. all countries that are not members of the EU and/or the European Economic Area.
  5. Data is transferred to third countries if either an appropriate level of data protection, the users' consent or any other legal permission has been obtained.

5. Purpose and scope of the processing of applicant data

  1. We process applicant data only for the purpose of and in connection with the recruitment process and in compliance with the applicable legal requirements. Applicant data is processed to fulfil our contractual obligations and on the basis of our legitimate interests as well as the applicants' interest in a quick and effective recruitment process.
  2. A pre-requisite for the recruitment process is that applicants provide their data to us. Our job advertisement specifies the data the applicants need to provide. This includes personal data, postal and contact addresses as well as the documents pertaining to the application such as the cover letter, curriculum vitae and references. Applicants can provide additional information to us of their own accord. By sending the application to us, applicants consent to their data being processed for the purposes of the recruitment process and in the manner and to the extent described in this data protection statement.

6. Disclosure of applicant data

  1. In principle, we do not disclose applicant data. However, it is possible that external service providers or other companies that are part of our company assist us with the recruitment process. The service providers may process applicant data for this purpose. The service providers will process the applicant data only on our behalf and on the basis of contractual obligations that provide for compliance with the agreed organizational and technical measures.
  2. Applicant data may also be disclosed if the same position has been expressly advertised by several companies within our group of companies, i.e. if the recruitment process is carried out by several companies.
  3. In all other cases we will ask the applicants for their permission before disclosing their data.

7. Application channels

Applicants may send us their applications by email. However, it should be noted that emails are not sent encrypted. For this reason, we cannot assume any responsibility for the transmission of the application between the sender and our server and therefore recommend that applicants send the application by postal mail if they should have any concerns.


8. Retention and deletion of applicant data

  1. The data provided by successful applicants can be further processed by us for the purposes of employment.
  2. The data of unsuccessful applicants will be deleted. Applicant data will also be deleted if an application is withdrawn. Applicants are entitled to do so at any time.
  3. The data will be deleted, unless applicants withdraw their consent for legitimate reasons, after a period of six months so that we will be able to answer any questions that may arise following the application, and to meet our obligation to provide evidence under the General Non-Discrimination Act (Allgemeines Gleichbehandlungsgesetz, AGG).

9. Contact queries

  1. When we are contacted by email, the information provided by the user will be used to process and handle the contact query.
  2. The information provided by users can be stored in our customer relationship management (CRM) system or in a comparable form and is subject to a legal retention period of 6 years, in the case of business letters, or 10 years, in the case of matters pertaining to tax law.

10. Logging of access data

We do not log data (server log files) on access to the server on which this service is located.

11. Cookies

  1. Cookies is information transmitted by our web server or by third-party web servers to users' web browsers, where this information is stored for retrieval at a later point in time. Cookies can be small files or any other form of information storage. Users are informed on the use of cookies in the context of this data protection statement.
  2. Users that do not want cookies to be stored on their computers, are asked to deactivate the relevant option in the settings of their browser. Stored cookies can be deleted in the settings of the browser. The exclusion of cookies may reduce the functionality of this online presence.

12. Inclusion of third-party services and contents

  1. Based on our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online presence as per art. 6, para. 1, let. f.) of the GDPR), we use content or service offers from third-party providers for our online presence to include their contents and services such as videos or fonts (hereinafter jointly referred to as "contents"). For this purpose, the third-party providers of these contents always need to identify the IP addresses of the users in question because they cannot send the contents to their browsers without the IP addresses. This means that the IP addresses are necessary to show said contents. We try to use only contents offered by providers that use IP addresses only to provide the contents.
  2. Here is an overview of third-party providers and their contents, including links to their data protection statements, which contain further information on the processing of personal data and opt-out options (some of which are mentioned herein):

13. User rights

  1. Users have the right to be informed, on request and free of charge, on the personal data we hold on them. In addition, users have the right to request rectification of incorrect data, to restrict processing and request deletion of personal data and, if applicable, to claim their data portability rights and, in the event of suspected unlawful data processing, to file a complaint with the responsible supervisory authority (Bayerisches Landesamt für Datenschutzaufsicht (Bavarian Data Protection Authority), Postfach 606, 91511 Ansbach, Germany; email: poststelle@lda.bayern.de).
  2. In addition, users may withdraw their consent, with future effect only, without specifying any reasons.

14. Deletion of data

  1. Data stored with us will be deleted as soon as it is no longer necessary for its intended purpose, provided that legal retention obligations are complied with. Processing of user data that is not deleted because it is necessary for other, legally permissible purposes will be restricted. This means that the data will be made unavailable and not processed for other purposes. This applies to user data that has to be retained to comply with commercial or tax law, for example.#
  2. In accordance with legal requirements, data will be retained for 6 years pursuant to section 257, para. 1 of the German Commercial Code (HGB) (commercial accounts, inventories, opening balance sheets, annual financial statements, commercial letters, accounting records, etc.) and for 10 years pursuant to section 147, para. 1 of the German Fiscal Code (AO) (accounts, records, situation reports, accounting records, commercial and business letters, documents relevant to taxation, etc.)

15. Right to object

Users may, subject to compliance with the applicable legal requirements, object at any time to the future processing of their personal data without specifying any reasons. They may object in particular to processing for direct marketing purposes.


16. Changes to the data protection statement

  1. We reserve the right to update this data protection statement to reflect changes in law or changes to the online presence and the data processing policy. However, this applies only to statements pertaining our data processing policy. If the consent of users is required or parts of the data protection statement contain provisions pertaining to the contractual relationship with the users, changes will only be made with the users' approval.
  2. We ask users to check the contents of this data protection statement on a regular basis.