PRIVACY POLICY

The Tönnies Holding ApS & Co. KG privacy policy is based on the terms used by the makers of European directives and regulations when issuing the General Data Protection Regulation (GDPR). Our privacy policy is intended to be easy to read and understand both for the public and for our customers and business partners. To ensure that this is the case, we would first like to explain the terminology used.

In this privacy policy, we use the following terms, among others:

Personal data
“Personal data” means any information relating to an identified or identifiable natural person (hereinafter referred to as the “data subject”). An identifiable natural person is one who 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 to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

Data subject
A data subject is any identified or identifiable natural person whose personal data are processed by the controller.

Processing
“Processing” means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

Restriction of processing
“Restriction of processing” means the marking of stored personal data with the aim of limiting their processing in the future.

Profiling
“Profiling” means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.

Pseudonymisation
“Pseudonymisation” means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.

Controller
“Controller” means 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 determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.

Processor
“Processor” means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

Recipient
“Recipient” means a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients.

Third party
“Third party” means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.

Consent
“Consent” means 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, signifies agreement to the processing of personal data relating to him or her.

The controller as defined in the General Data Protection Regulation, other data protection laws valid in the member states of the European Union and other regulations dealing with data protection is:

Tönnies Holding ApS & Co. KG
In der Mark 2
33378 Rheda-Wiedenbrück
Germany

Tel.: +49 5242 961 – 0
E-mail: [email protected]
Website: www.toennies.de

The company data protection officer responsible for processing is:

Mr Thorsten Frömel
Tönnies Holding ApS & Co. KG
In der Mark 2
33378 Rheda-Wiedenbrück
Germany

E-mail: datenschutz(at)toennies.de

Any data subject can contact our company data protection officer directly and at any time about any questions or suggestions regarding data protection.

The Tönnies Holding ApS & Co. KG website uses cookies. Cookies are text files which are stored and saved on a computer system via an Internet browser.

Many websites and servers use cookies. Many cookies contain a so-called “cookie ID”. A cookie ID uniquely identifies the cookie. It consists of a string of characters which enable websites and servers to identify the specific Internet browser where the cookie is saved. This enables the websites and servers which are visited to distinguish between the data subject’s individual browser and other browsers containing other cookies. The unique cookie ID can be used to recognise and identify a specific Internet browser. By using cookies, Tönnies Holding ApS & Co. KG can provide users of this website with user-friendly services which would not be possible without placing the cookie. A cookie can be used to optimise the information and offers on our website for the user’s benefit. Cookies enable us, as mentioned above, to recognise users of our website. The purpose of recognising them is to make it easier for users to utilise our website. For example, visitors to a website which employs cookies do not have to re-enter their login details every time they visit the site, as that task is carried out by the website and the cookie placed on the user’s computer system. Another example is the cookie for a shopping basket in an online shop. The online shop uses a cookie to remember the items which a customer has placed in the virtual shopping trolley.

Data subjects can prevent our website from placing cookies by adjusting the relevant setting on the Internet browser they are using and thus permanently disabling cookies. Furthermore, cookies which have already been stored can be deleted at any time using an Internet browser or other software programs. This is possible in all standard Internet browsers. If the data subject disables cookies in the Internet browser used, in some circumstances it may not be possible to make full use of all our website’s functions.

This website uses Google Tag Manager. Google Tag Manager is a solution which enables marketers to manage website tags from one platform. The Tag Manager tool itself (which deploys the tags) is a cookie-less domain and does not collect personal data. The tool triggers other tags, which may in some circumstances collect data. Google Tag Manager does not access these data. If tracking has been deactivated at cookie or domain level, this applies to all tracking tags deployed using Google Tag Manager.

Every time the Tönnies Holding ApS & Co. KG website is accessed by a data subject or automated system, it collects a series of general data and information. This general data and information is saved in the server log files. The data collected may include (1) the browser types and versions used, (2) the operating system used by the accessing device, (3) the website from which a system has accessed our site (known as the referrer), (4) the pages on the site which a system accessing our website visits, (5) the date and time of access to the website, (6) an Internet Protocol (IP) address, (7) the Internet service provider for the system accessing the site and (8) other, similar data and information used to ward off danger if our information technology systems come under attack.

When using this general data and information, Tönnies Holding ApS & Co. KG does not draw any inferences about the data subject. Instead, this information is required in order to (1) correctly deliver the content of our website, (2) optimise the content of our website and its advertising, (3) ensure that our information technology systems and the technology behind our website are able to operate in the long term and (4) provide law enforcement authorities with the inform they require for a prosecution in the case of a cyberattack. Tönnies Holding ApS & Co. KG evaluates this anonymously collected data and information firstly for statistical purposes and secondly to increase data protection and data security at our company, ultimately to ensure that the personal data we process are afforded an optimal level of protection. The anonymous data on the server log files are stored separately from any of the personal data provided by a data subject.

By law, the Tönnies Holding ApS & Co. KG website contains the information required for fast electronic contact with our company and for direct contact with us, also including a general e-mail address. If a data subject contacts the data controller by e-mail or using a contact form, the data provided by the data subject is automatically saved. Personal data of this type provided on a voluntary basis by a data subject to the controller are saved for the purposes of processing or for contacting the data subject. These personal data are not passed on to third parties.

The controller processes and saves the data subject’s personal data only for the period necessary to achieve the purpose of their storage, or for the period specified by European or other legislators in laws or regulations to which the controller is subject.

If the storage purpose no longer applies or if a period set by European or other relevant legislators expires, the personal data shall routinely be blocked or erased in line with statutory provisions.

Right to confirmation
All data subjects have the right, as granted by European legislation, to demand confirmation from the controller regarding whether personal data concerning them are being processed. If a data subject wishes to exercise this right to confirmation, he or she may at any time contact our data protection officer or another person working for the controller on this matter.

Right to access data
At any time, all data subjects whose personal data are processed have the right granted them under European legislation to request from the data controller access to the personal data relating to them and a copy of the information therein.

European legislation has also granted the data subject the right to gain access to the following information: the purposes of the processing, the categories of personal data concerned, 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, where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period, 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, the right to lodge a complaint with a supervisory authority, where the personal data are not collected from the data subject, any available information as to their source, the existence of automated decision-making, including profiling, referred to in GDPR Articles 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. Furthermore, the data subject has the right to know whether personal data has been transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.

If a data subject wishes to exercise this right to information, he or she may at any time contact our data protection officer or another person working for the controller on this matter.

Right to rectification
Under European legislation, every data subject whose personal data are processed is granted the right to obtain without undue delay the rectification of inaccurate personal data concerning him or her. Furthermore, taking into account the purposes of the processing, the data subject has the right to have incomplete personal data completed, including by means of providing a supplementary statement.

If a data subject wishes to exercise this right to rectification, he or she may at any time contact our data protection officer or another person working for the controller on this matter.

Right to erasure (right to be forgotten)
Under European legislation, every data subject whose personal data are processed is granted the right to obtain from the controller the erasure of personal data concerning him or her without undue delay, where one of the following grounds applies and where the processing is not necessary:

The personal data were collected or otherwise processed for purposes for which they are no longer necessary.

The data subject withdraws consent on which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and there is no other legal ground for the processing.

The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.

The personal data have been unlawfully processed.

The personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.

The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.

Where one of the above grounds applies and a data subject requests the erasure of personal data stored by Tönnies Holding ApS & Co. KG, he or she may at any time contact our data protection officer or another person working for the controller on this matter. The Tönnies Holding ApS & Co. KG data protection officer or another employee will arrange for the erasure request be complied with immediately.

If Tönnies Holding ApS & Co. KG has made the personal data public and if our company is obliged to erase the personal data as the controller pursuant to Article 17(1) of the GDPR, then Tönnies Holding ApS & Co. KG, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers which are processing the personal data that the data subject has requested the erasure by such other controllers of any links to, or copy or replication of, those personal data, where the processing is not necessary. The Tönnies Holding ApS & Co. KG data protection officer or another employee will initiate necessary steps in individual cases.

Right to restriction of processing
Under European legislation, every data subject whose personal data are processed is granted the right to obtain from the controller restriction of processing where one of the following applies:

The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.

The processing is unlawful; the data subject opposes the erasure of the personal data and requests the restriction of their use instead.

The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.

The data subject has objected to processing pursuant to Article 21(1) of the GDPR and it has not yet been verified whether the legitimate grounds of the controller override those of the data subject.

Where one of the above conditions applies and a data subject requests the restriction of personal data stored by Tönnies Holding ApS & Co. KG, he or she may at any time contact our data protection officer or another person working for the controller on this matter. The Tönnies Holding ApS & Co. KG data protection officer or another employee will initiate the restriction of processing.

Right to data portability
Under European legislation, every data subject whose personal data are processed is granted the right to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format. He or she also has the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR or on a contract pursuant to point (b) of Article 6(1) of the GDPR and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

Furthermore, when exercising the right to data portability under Article 20 (1) of the GDPR, the data subject has the right to have the personal data transmitted directly from one controller to another, where technically feasible, and where this does not adversely affect the rights or freedoms of others.

In order to assert the right of data portability, the data subject may at any time contact the data protection officer appointed by Tönnies Holding ApS & Co. KG, or another employee.

Right to object
Under European legislation, every data subject whose personal data are processed is granted the right to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on point (e) or (f) of Article 6(1) of the GDPR. This includes profiling based on those provisions.

In the case of an objection, Tönnies Holding ApS & Co. KG shall no longer process the personal data, 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.

If Tönnies Holding ApS & Co. KG processes 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. This includes profiling to the extent that it is related to such direct marketing. Where the data subject objects to processing by Tönnies Holding ApS & Co. KG for direct marketing purposes, Tönnies Holding ApS & Co. KG shall no longer process the personal data for such purposes.

Moreover, where personal data are processed for scientific or historical research purposes or statistical purposes pursuant to Article 89(1) of the GDPR, the data subject, on grounds relating to his or her particular situation, shall have the right to object to processing of personal data concerning him or her, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

In order to assert the right to object, the data subject may at any time directly contact the Tönnies Holding ApS & Co. KG data protection officer, or another employee. In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, the data subject may also exercise his or her right to object by automated means using technical specifications.

Automated individual decision-making, including profiling
Under European legislation, every data subject whose personal data are processed is granted the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her, as long as the decision (1) is not necessary for entering into, or performance of, a contract between the data subject and a data controller, or (2) is not authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is not based on the data subject’s explicit consent.

If the decision (1) is necessary for entering into, or performance of, a contract between the data subject and a data controller or (2) is based on the data subject’s explicit consent, then Tönnies Holding ApS & Co. KG shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision.

If the data subject wishes to exercise this right to automated decision-making, he or she may at any time contact our data protection officer or another person working for the controller on this matter.

Right to withdraw consent relating to data protection law
Under European legislation, every data subject whose personal data are processed is granted the right at any time to withdraw his or her consent to the processing of personal data.

If the data subject wishes to exercise this right to withdraw consent, he or she may at any time contact our data protection officer or another person working for the controller on this matter.

The controller collects and processes job applicants’ personal data for the purpose of carrying out the application process. This processing may sometimes be carried out by electronic means. This is particularly the case if an applicant transmits corresponding application documents to the controller by electronic means, for example by e-mail or via a web form on the website. If the controller concludes a contract of employment with an applicant, the data transmitted will be stored for the purposes of processing the employment relationship in accordance with statutory provisions. If the controller does not conclude an employment contract with the candidate, the application documents will be automatically deleted two months after the notification of the rejection decision, provided that deletion does not prejudice any other legitimate interests pursued by the controller. One example of a legitimate interest of this type is the onus of proof in a procedure pursuant to the German General Act on Equal Treatment (AGG).

Point (a) of Article 6(1) of the GDPR serves our company as the legal basis for processing operations where we obtain consent for a particular processing purpose. If the processing of personal data is necessary to fulfil a contract to which the data subject is a party, for example as is the case during processing operations required to deliver goods or provide another service or counter-performance, then the processing is based on point (b) of Article 6(1) of the GDPR. The same applies to processing operations that are necessary to take steps prior to entering into a contract, for example in the case of enquiries about our products or services. If our company is subject to a legal obligation which requires personal data to be processed, such as to fulfil tax obligations, then the processing is based on point (c) of Article 6(1) of the GDPR. In rare cases, the processing of personal data may be required to protect interests which are essential for the life of the data subject or that of another natural person. This would be the case, for example, if a visitor to our premises were injured and his or her name, age, health insurance details or other vital information then had to be passed on to a doctor, hospital or other third party. In this case, processing would be based on point (d) of Article 6(1) of the GDPR. Finally, processing operations could be based on point (f) of Article 6(1) of the GDPR. Processing operations that are not covered by any legal basis listed above are based on this legal basis if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject Such processing operations are particularly permitted to us because they have been specifically mentioned under European legislation. This considers that a legitimate interest can be assumed to exist where the data subject is a client of the controller (recital 47, sentence 2 of the GDPR).

If the processing of personal data is based on point (f) of Article 6(1) of the GDPR, then our legitimate interest is in conducting our business for the benefit of all of our employees and our shareholders.

The criterion for the period for which the personal data are stored is the relevant statutory retention period. Following the expiration of that period, the data in question shall routinely be erased as long as they are no longer required to fulfil the contract or to initiate a contract.

You are hereby informed that the provision of personal data is in some cases required by law (e.g. tax regulations) or can result from contractual provisions (e.g. information about a party to the contract).

In order to conclude a contract, a data subject may sometimes be required to provide us with personal data which we must subsequently process. For example, the data subject is required to provide us with personal data if our company concludes a contract with him or her. Failure to provide the personal data would mean that the contract could not be concluded with the data subject. Before providing personal data, the data subject must contact our data protection officer. Our data protection officer will inform the data subject on a case-by-case basis whether the provision of personal data is required by law or under the contract or necessary in order to conclude the contract; whether the data subject is obliged to provide the personal data and what would be the consequences of failing to provide the personal data.

As a responsible company, we abstain from automated decision-making or profiling.

This privacy policy was compiled using the privacy policy generator provided by the DGD (Deutsche Gesellschaft für Datenschutz GmbH), an external data protection officer operating in Essen, in cooperation with the privacy lawyers at the WILDE BEUGER SOLMECKE law office.