Privacy Policy

according to EU-DSGVO

1. definitions

This data protection declaration is based on the terminology of the EU Data Protection Regulation (EU-DSGVO) and the new German Federal Data Protection Act (Datenschutz-Anpassungs- und Umsetzungsgesetz EU-DSAnpUG-EU - in short: BDSG-neu). Our privacy policy should be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to explain the terms used in advance.

We use the following terms, among others, in this privacy policy:

a) personal data

Personal data means any information relating to an identified or identifiable natural person (hereinafter "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.

b) data subjects

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

c) processing

Processing means any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organization, filing, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

d) restriction of processing

Restriction of processing is the marking of stored personal data with the aim of limiting their future processing.

e) pseudonymization

Pseudonymization is the processing of personal data in such a way 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 separate and is subject to technical and organizational measures to ensure that the personal data is not attributed to an identified or identifiable natural person.

f) controller or person responsible for processing

The controller or person responsible for processing is the natural or legal person, public authority, agency or other body which alone or jointly with others determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its designation may be provided for under Union or Member State law.

g) data processor

A data processor is a natural or legal person, public authority, agency or other body that processes personal data on behalf of the data controller.

h) recipient

A recipient is a natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not a third person. However, public authorities that may receive personal data in the context of a specific investigative task under Union or Member State law shall not be considered as recipients.

i) third person

Third person means a natural or legal person, public authority, agency or other body other than the data subject, the controller, the processor and the persons authorized to process the personal data under the direct responsibility of the controller or the processor.

j) consent

Consent shall mean any freely given indication of the data subject's wishes for the specific case in an informed and unambiguous manner, in the form of a statement or any other unambiguous affirmative act by which the data subject signifies his or her agreement to the processing of personal data relating to him or her.

2. name and address of the controller

The controller within the meaning of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union and other provisions with data protection character is:

Martin GmbH

Management director:
Bruce Xiste, Nicolas Martin (Person responsible in the sense of the EU-DSGVO)
Werksstraße 18
45527 Hattingen
Phone: +49 (0) 2324 5985-0
Fax: +49 (0) 2324 5985-40
E-Mail:

3. privacy policy/consent to processing

We, Martin GmbH, welcome you to our website. As operators of these pages, we take the protection of your personal data very seriously. Therefore, we treat your personal data confidentially and in accordance with the legal data protection regulations.

As a rule, it is possible to use our website without providing personal data. Insofar as personal data (for example, name, address or e-mail address) is collected on our pages, this is always done, as far as possible, on a voluntary basis. The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the applicable country-specific data protection regulations, and in accordance with the EU Data Protection Regulation.

With this data protection declaration, we inform you as a data subject about the rights to which you are entitled. In addition, we, as the controller, have implemented extensive technical and organizational measures to ensure the most complete protection of personal data processed through this website. Nevertheless, Internet-based data transmissions can always have security gaps, so that absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us by alternative means, for example by telephone.

By voluntarily using our website and our range of services, the user consents to the processing of his or her personal data by us for the respective purpose described below.

Martin GmbH provides all services in the interest of its customers, which you can view on our website in the "Company" section or via the following link:

Link follows

Details on the individual services can be found on the corresponding tabs of our website. In order to enable and implement these services in all areas, the user agrees that Martin GmbH collects, processes and, if necessary, transmits the necessary information to partner companies with which Martin GmbH maintains an EU-DSGVO-compliant order data processing relationship in order to provide the services for the aforementioned purposes. The personal data provided, in particular name, address, telephone number(s), e-mail address(es), bank details, are necessary and required solely for the purpose of providing the service, for direct marketing purposes to existing customers and for a possible contractual relationship that may arise, and are collected on the basis of legal authorizations. For any further use of personal data and the collection of additional information, the consent of the person concerned is regularly required. Further details - in particular the right of revocation - are explained in the following points.

4. cookies

The internet pages partly use so-called cookies. Cookies do not cause any damage to your computer and do not contain viruses. Cookies serve to make our offer more user-friendly, more effective and safer. Cookies are small text files that are stored on a computer system via an Internet browser and saved by the browser.

Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a string of characters by which Internet pages and servers can be assigned to the specific Internet browser in which 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 that contain other cookies. A specific internet browser can be recognized and identified via the unique cookie ID.

Most of the cookies we use are so-called "session cookies". They are automatically deleted after the end of your visit. Other cookies remain stored on your terminal device until you delete them. These cookies allow us to recognize your browser on your next visit.

You can set your browser so that you are informed about the setting of cookies and only allow cookies in individual cases, exclude the acceptance of cookies for certain cases or in general, and activate the automatic deletion of cookies when closing the browser. You can also prevent the setting of cookies by our website at any time by means of an appropriate setting of the Internet browser used and thus permanently object to the setting of cookies. When deactivating cookies, the functionality of this website may be limited.

5. server-logfiles

With each call of the website by a data subject or an automated system, the provider of the pages collects a series of general data and information and automatically stores information in so-called server log files, which your browser automatically transmits to us. These are:

• browser type and version
• Operating system used
• Referrer URL
• Host name of the accessing computer
• Time of the server request
• other similar data and information that serve to avert danger in the event of attacks on our information technology systems.

This data cannot be assigned to specific persons. A combination of this data with other data sources is not made. We reserve the right to check this data retrospectively if we become aware of specific indications of unlawful use. The anonymous data of the server log files are stored separately from any personal data provided by a data subject.

6. SSL encryption

This site uses SSL encryption for security reasons and to protect the transmission of confidential content, such as requests that you send to us as the site operator. You can recognize an encrypted connection by the fact that the address line of the browser changes from "http://" to "https://" and by the lock symbol in your browser line.

If SSL encryption is activated, the data you transmit to us cannot be read by third persons.

7. contact possibility via the website

Based on statutory provisions, our website contains data that enable a quick electronic contact to our enterprise, as well as direct communication with us. If a data subject contacts the controller by e-mail or via our contact form, the personal data transmitted by the data subject will be stored automatically. Such personal data transmitted on a voluntary basis by a data subject to the controller will be stored for the purpose of processing or contacting the data subject. No disclosure of this personal data to third parties will take place unless there is a legal obligation to disclose it, the disclosure serves law enforcement purposes and the data does not need to be disclosed to fulfill the performance request.

8. legal basis of the processing

Art. 6 (1) lit. a DSGVO serves our company as the legal basis for processing operations in which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is a party, as is the case, for example, with processing operations that are necessary for a delivery of goods or the provision of another service or consideration, the processing is based on Art. 6 (1) lit. b DSGVO. The same applies to such processing operations that are necessary for the implementation of pre-contractual measures, for example in cases of inquiries about our products or services. The processing of our employee data is based on Art. 6 (1) lit. a to f, for example for the fulfillment of the employment contract and statutory provisions of labor law. If our company is subject to a legal obligation by which a processing of personal data becomes necessary, such as for the fulfillment of tax obligations, the processing is based on Art. 6 (1) lit. c DSGVO. In rare cases, the processing of personal data might become necessary to protect vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were to be injured on our premises and as a result his or her name, age, health insurance data or other vital information had to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6 (1) lit. d DSGVO. Finally, processing operations could be based on Art. 6 (1) lit. f DSGVO. Processing operations that are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to protect a legitimate interest of our company or a third party, provided that the interests, fundamental rights and freedoms of the data subject are not overridden. Such processing operations are permitted to us in particular because they were specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (recital 47, sentence 2 of the GDPR).

9. legitimate interests in the processing pursued by the controller or a third person

If the processing of personal data is based on Article 6 (1) lit. f DSGVO, our legitimate interest is the performance of our business activities for the benefit of the well-being of all our customers, suppliers, cooperation partners and employees.

10. duration for which the personal data are stored

The controller processes and stores personal data of the data subject for the period necessary to achieve the purpose of storage or where provided for by the European Directive and Regulation or other legislator in laws or regulations to which the controller is subject.

11. routine deletion and blocking of personal data

If the purpose of storage ceases to apply or if a storage period prescribed by the European Directive and Regulation Body or another competent legislator expires, the personal data will be routinely blocked or deleted either at set intervals or in accordance with the statutory provisions.

12. data protection during applications and the application process

The controller collects and processes the personal data of applicants for the purpose of handling the application procedure. The processing may also take place electronically. This is the case, in particular, when an applicant submits relevant application documents to the controller by electronic means, for example, by e-mail or via a web form located on the website. If the controller concludes an employment contract with an applicant, the transmitted data will be stored for the purpose of processing the employment relationship in compliance with the statutory provisions. If the controller does not conclude an employment contract with the applicant, the application documents are routinely deleted six months after notification of the rejection decision, provided that no other legitimate interests of the controller prevent deletion. Other legitimate interest in this sense is, for example, a duty to provide evidence in proceedings under the General Equal Treatment Act (AGG).

13. recipients of personal data/third country transfer

According to Art. 4 No. 9 DSGVO, the only recipients of collected personal data are the company and, in individual cases, any authorized recipients such as public authorities or also partner companies or suppliers (such as the website provider).

14. legal or contractual requirements to provide the personal data; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of not providing the personal data

We would like to inform you that the provision of personal data is sometimes required by law (e.g. tax regulations) or may also result from contractual regulations (e.g. information on the contractual partner). Sometimes, in order to conclude a contract, it may be necessary for a data subject to provide us with personal data that must subsequently be processed by us. For example, the data subject is obliged 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 with the data subject could not be concluded. Before providing personal data by the data subject, the data subject may contact our data protection officer or our data protection coordinator. Our data protection officer or data protection coordinator will inform the data subject on a case-by-case basis whether the provision of the personal data is required by law or contract or necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and what the consequences of not providing the personal data would be.

15. existence of automated decision-making

As a responsible company, we do not use automated decision-making or profiling.

16. rights of the data subject to information, correction, deletion, blocking, etc.

If a data subject wishes to exercise any of the following rights, he or she may contact the data protection officer or the data protection coordinator of Martin GmbH at any time. It goes without saying that a clear identification of the data subject must be ensured in advance before corresponding requests are processed.

a) right to confirmation

Every data subject shall have the right granted by the European Directive and the Regulation to obtain confirmation from the controller as to whether personal data concerning him or her are being processed.

b) right of access

Any person concerned by the processing of personal data has the right granted by the European Directive and Regulation to obtain at any time from the controller, free of charge, information about the personal data stored about him or her and a copy of that information. In addition, the European Directive and Regulation Body has granted the data subject access to the following information:

the purposes of the processing
the categories of personal data processed
the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular in the case of recipients in third countries or international organisations
if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration
the existence of the right to obtain the rectification or erasure of personal data concerning him or her, or the restriction of processing by the controller, or the right to object to such processing
the existence of a right of appeal to a supervisory authority
if the personal data are not collected from the data subject: Any available information on the origin of the data.

Furthermore, the data subject has the right to be informed whether personal data have been transferred to a third country or to an international organisation. If this is the case, the data subject shall also have the right to obtain information on the appropriate safeguards in relation to the transfer.

c) right of rectification

Any person concerned by the processing of personal data has the right, granted by the European Directive and Regulation, to obtain the rectification without delay of inaccurate personal data concerning him or her. Furthermore, the data subject has the right to request the completion of incomplete personal data, including by means of a supplementary declaration, taking into account the purposes of the processing.

d) right to erasure (right to be forgotten)

Any person concerned by the processing of personal data has the right, granted by the European Directive and the Regulation, to obtain from the controller the erasure without delay of personal data concerning him or her, where one of the following reasons applies and to the extent that processing is no longer necessary:

The personal data were collected or otherwise processed for such purposes for which they are no longer necessary.
The data subject revokes the consent on which the processing was based pursuant to Art. 6(1)(a) DSGVO or Art. 9(2)(a) DSGVO and there is no other legal basis for the processing.
The data subject objects to the processing pursuant to Article 21(1) DSGVO and there are no overriding legitimate grounds for the processing or the data subject objects to the processing pursuant to Article 21(2) DSGVO.
The personal data have been processed unlawfully.
The erasure of the personal data is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.
The personal data have been collected in relation to information society services offered in accordance with Article 8(1) DSGVO.

If the personal data have been made public by our company and our company as a controller is obliged to erase the personal data pursuant to Article 17(1) of the GDPR, we shall implement reasonable measures, including technical measures, taking into account the available technology and the cost of implementation, to inform other data controllers which process the published personal data, that the data subject has requested from those other data controllers the erasure of all links to the personal data or copies or replications of the personal data, unless the processing is necessary. Our Data Protection Officer or Data Protection Coordinator will arrange the necessary in individual cases.

e) right to restriction of processing

Any person concerned by the processing of personal data has the right, granted by the European Directive and Regulation, to obtain from the controller the restriction of processing where one of the following conditions is met:

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 objects to the erasure of the personal data and instead requests the restriction of the use of the personal data.
The controller no longer needs the personal data for the purposes of the processing, but the data subject needs it for the assertion, exercise or defence of legal claims.
The data subject has objected to the processing pursuant to Article 21(1) of the GDPR and it is not yet clear whether the legitimate grounds of the controller override those of the data subject.

f) right to data portability

Any person concerned by the processing of personal data has the right, granted by the European Directive and Regulation, to receive the personal data concerning him or her, which have been provided by the data subject to a controller, in a structured, commonly used and machine-readable format. The data subject shall also have the right to transmit such data to another controller without hindrance from the controller to whom the personal data have been provided, provided that the processing is based on consent pursuant to Article 6(1)(a) of the GDPR or Article 9(2)(a) of the GDPR or on a contract pursuant to Article 6(1)(b) of the GDPR and the processing is carried out by automated means, unless the processing is 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 pursuant to Article 20(1) of the GDPR, the data subject shall have the right to obtain the direct transfer of personal data from one controller to another controller where technically feasible and provided that this does not adversely affect the rights and freedoms of other persons.

g) right to oppose

Any person affected by the processing of personal data has the right granted by the European Directive and Regulation to object at any time, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her which is carried out on the basis of Article 6(1)(e) or (f) DSGVO.

We shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the assertion, exercise or defence of legal claims.

If we process personal data for the purpose of direct marketing, the data subject shall have the right to object at any time to processing of personal data for such marketing. If the data subject objects to us to the processing for direct marketing purposes, we will no longer process the personal data for these purposes.
In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her which is carried out by us for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the Data Protection Regulation, unless such processing is necessary for the performance of a task carried out in the public interest.

h) right to withdraw consent under data protection law

Every person affected by the processing of personal data has the right, granted by the European Directive and Regulation-maker, to withdraw consent to the processing of personal data at any time.

i) right to lodge a complaint with a supervisory authority pursuant to Art. 77 DSGVO.

Any person affected by the processing of personal data also has the right to call the competent authority for data protection.

Right to call the Federal Commissioner for Data Protection - The current accessibility is as follows:

The Federal Commissioner for Data Protection and Freedom of Information.

Husarenstraße 30
53117 Bonn
Telephone: +49 (0) 228 997799-0
Fax: +49 (0) 228 997799-550
E-Mail:
Internet: www.datenschutz.bund.de

Right to call the State Commissioner for Data Protection - The current availability is as follows:

The State Commissioner for Data Protection and Freedom of Information of North Rhine-Westphalia

Kavalleriestraße 2-4
40213 Düsseldorf
Telephone: +49 (0) 211 38424-0
Fax: +49 (0) 211 38424-10
E-Mail:
Internet: www.ldi.nrw.de

17. Social Media

Facebook

Elements of the social network Facebook are integrated on this website. The provider of this service is Meta Platforms Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland. However, according to Facebook, the data collected is also transferred to the USA and other third countries.

An overview of Facebook social media elements can be found here: https://developers.facebook.com/docs/plugins/?locale=de_DE.

When the social media element is active, a direct connection is established between your end device and the Facebook server. Facebook thereby receives the information that you have visited this website with your IP address. If you click the Facebook "Like" button while you are logged into your Facebook account, you can link the content of this website on your Facebook profile. This allows Facebook to associate your visit to this website with your user account. We would like to point out that we, as the provider of the pages, have no knowledge of the content of the transmitted data or its use by Facebook. For more information, please see Facebook's privacy policy at: https://de-de.facebook.com/privacy/explanation.

Insofar as consent has been obtained, the above-mentioned service is used on the basis of Art. 6 Para. 1 lit. a DSGVO and § 25 TTDSG. The consent can be revoked at any time. Insofar as no consent has been obtained, the use of the service is based on our legitimate interest in achieving the greatest possible visibility in social media.

Insofar as personal data is collected on our website with the help of the tool described here and forwarded to Facebook, we and Meta Platforms Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland are jointly responsible for this data processing (Art. 26 DSGVO). The joint responsibility is limited exclusively to the collection of the data and its forwarding to Facebook. The processing by Facebook that takes place after the forwarding is not part of the joint responsibility. The obligations incumbent on us jointly have been set out in a joint processing agreement. The text of the agreement can be found at: https://www.facebook.com/legal/controller_addendum. According to this agreement, we are responsible for providing the data protection information when using the Facebook tool and for the data protection-secure implementation of the tool on our website. Facebook is responsible for the data security of the Facebook products. You can assert data subject rights (e.g. requests for information) regarding the data processed by Facebook directly with Facebook. If you assert the data subject rights with us, we are obliged to forward them to Facebook.

Data transfer to the USA is based on the standard contractual clauses of the EU Commission. Details can be found here: https://www.facebook.com/legal/EU_data_transfer_addendum, https://de-de.facebook.com/help/566994660333381 and https://www.facebook.com/policy.php.

The company is certified according to the "EU-US Data Privacy Framework" (DPF). The DPF is an agreement between the European Union and the USA, which is intended to ensure compliance with European data protection standards for data processing in the USA. Any company certified under the DPF undertakes to comply with these data protection standards. For more information, please contact the provider at the following link: https://www.dataprivacyframework.gov/s/participant-search/participant-detail?contact=true&id=a2zt0000000GnywAAC&status=Active

Instagram

Functions of the Instagram service are integrated on this website. These functions are offered by Meta Platforms Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.

When the social media element is active, a direct connection is established between your end device and the Instagram server. Instagram thereby receives information about your visit to this website.

If you are logged into your Instagram account, you can link the content of this website to your Instagram profile by clicking on the Instagram button. This allows Instagram to associate your visit to this website with your user account. We would like to point out that we, as the provider of the pages, have no knowledge of the content of the transmitted data or its use by Instagram.

Insofar as personal data is collected on our website with the help of the tool described here and forwarded to Facebook or Instagram, we and Meta Platforms Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland are jointly responsible for this data processing (Art. 26 DSGVO). The joint responsibility is limited exclusively to the collection of the data and its forwarding to Facebook or Instagram. The processing by Facebook or Instagram that takes place after the forwarding is not part of the joint responsibility. Our joint obligations have been set out in a joint processing agreement. The text of the agreement can be found at: https://www.facebook.com/legal/controller_addendum. According to this agreement, we are responsible for providing the data protection information when using the Facebook or Instagram tool and for the data protection-secure implementation of the tool on our website. Facebook is responsible for the data security of the Facebook and Instagram products. You can assert data subject rights (e.g. requests for information) regarding the data processed by Facebook or Instagram directly with Facebook. If you assert the data subject rights with us, we are obliged to forward them to Facebook.

Data transfer to the USA is based on the standard contractual clauses of the EU Commission. Details can be found here: https://www.facebook.com/legal/EU_data_transfer_addendum, https://help.instagram.com/519522125107875 and https://de-de.facebook.com/help/566994660333381.

For more information, please see Instagram's privacy policy: https://instagram.com/about/legal/privacy/.

The company is certified according to the "EU-US Data Privacy Framework" (DPF). The DPF is an agreement between the European Union and the USA to ensure compliance with European data protection standards for data processing in the USA. Any company certified under the DPF undertakes to comply with these data protection standards. For more information, please contact the provider at the following link: https://www.dataprivacyframework.gov/s/participant-search/participant-detail?contact=true&id=a2zt0000000GnywAAC&status=Active.

This website uses elements of the LinkedIn network. The provider is LinkedIn Ireland Unlimited Company, Wilton Plaza, Wilton Place, Dublin 2, Ireland.

Each time a page of this website containing elements from LinkedIn is accessed, a connection to LinkedIn servers is established. LinkedIn is informed that you have visited this website with your IP address. If you click the LinkedIn "Recommend" button and are logged into your LinkedIn account, it is possible for LinkedIn to associate your visit to this website with you and your user account. We would like to point out that we, as the provider of the pages, have no knowledge of the content of the transmitted data or its use by LinkedIn.

Data transfer to the USA is based on the standard contractual clauses of the EU Commission. Details can be found here: https://www.linkedin.com/help/linkedin/answer/62538/datenubertragung-aus-der-eu-dem-ewr-und-der-schweiz?lang=de.

For more information, please see LinkedIn's privacy policy at https://www.linkedin.com/legal/privacy-policy.

18. privacy Officer

You can reach our privacy officer or our privacy coordinator under the following contact details:

In der Knackenau 4
82031 Grünwald
www.er-secure.de
Telephone: +49 (0) 2324 5985-0
E-Mail: