Privacy policy

We are delighted that you are interested in our company. Data protection is a particularly high priority for the management of OSYPKA GmbH. It is generally possible to use the OSYPKA GmbH website without providing any personal data. However, if a data subject wishes to use special services offered by our company via our website, it may be necessary to process personal data. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the data subject.

The processing of personal data, such as the name, address, email address, or telephone number of a data subject, is always carried out in accordance with the General Data Protection Regulation and in compliance with the country-specific data protection regulations applicable to OSYPKA GmbH. Through this privacy policy, our company wishes to inform the public about the nature, scope, and purpose of the personal data we collect, use, and process. Furthermore, this privacy policy informs data subjects about their rights.

As the controller, OSYPKA GmbH has implemented numerous technical and organizational measures to ensure the most complete protection possible for the personal data processed via this website. Nevertheless, Internet-based data transmissions can generally 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.

1. Definitions

As the controller, OSYPKA GmbH has implemented numerous technical and organizational measures to ensure the most complete protection possible for the personal data processed via this website. Nevertheless, Internet-based data transmissions can generally 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.

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

personal data

Personal data is any information relating to an identified or identifiable natural person (hereinafter referred to as “data subject”). A natural person is considered identifiable if they can be identified directly or indirectly, in particular by association with an identifier such as a name, an identification number, location data, an online identifier, or one or more special characteristics that express the physical, physiological, genetic, psychological, economic, cultural, or social identity of that natural person.

affected persons

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

Processing

Processing means any operation or set of operations which is performed on personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, distribution or any other form of provision, alignment or combination, restriction, erasure or destruction.

Restriction of processing

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

Profiling

Profiling is any form of automated processing of personal data consisting of the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements.

Pseudonymization

Pseudonymization is 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 organizational measures to ensure that the personal data is not attributed to an identified or identifiable natural person.

Controller or person responsible for processing

The controller or data controller is the natural or legal person, public authority, agency, or other body that, 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

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

Recipient

Recipient means a natural or legal person, public authority, agency, or other body to which 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

A third party is a natural or legal person, public authority, agency, or other body other than the data subject, the controller, the processor, and the persons who, under the direct authority of the controller or processor, are authorized to process personal data.

Consent

Consent is any freely given, specific, informed, and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

2. Name and address of the controller

The responsible party 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 of a data protection nature is:

OSYPKA GmbH
Earl-H.-Wood-Str. 1
79618 Rheinfelden, Germany
Tel.: +49 7623 7405 – 0
E-Mail: mail@osypka.de
Website: www.osypka.de

3. Name and address of the data protection officer

The data protection officer of the controller is:

Bechtle GmbH, IT Systemhaus Freiburg
79108 Freiburg, Germany
Tel.: +49 761 8832 225
E-Mail: datenschutz@osypka.de
Website: www.bechtle.com

Any person affected may contact our data protection officer directly at any time with any questions or suggestions regarding data protection.

4. Cookies

If you are interested in the Internetseiten der OSYPKA GmbH mit einem Benutzerkonto registrieren oder anmelden, werden Cookies are used. Cookies are text files that are stored on a computer system via an Internet browser. This allows the website to store your user account information on your computer. Cookies serve a purely technical purpose; user activities are not monitored or evaluated.

The data subject can prevent the setting of cookies by our website at any time by means of a corresponding setting in the Internet browser used and thus permanently object to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via an Internet browser or other software programs. This is possible in all common Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be fully usable.

5. Collection of general data and information

When you visit the OSYPKA GmbH website, the web server collects general data:

• Date and time of access
• accessed URL
• IP address of the Internet connection from which the request is made
• Browser identifier, if transmitted by the browser
• referring URL, if transmitted by the browser

This data is stored for six weeks for server monitoring and control purposes and then deleted. These logs are used to perform an anonymous evaluation of user statistics.

 

When using this general data and information, OSYPKA GmbH does not draw any conclusions about the data subject. Rather, this information is required in order to (1) deliver the content of our website correctly, (2) optimize the content of our website and the advertising for it, (3) ensure the long-term functionality of our information technology systems and the technology of our website, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in the event of a cyberattack. This anonymously collected data and information is therefore evaluated by OSYPKA GmbH on the one hand statistically and on the other hand with the aim of increasing data protection and data security in our company in order to ultimately ensure an optimal level of protection for the personal data we process. The anonymous data in the server log files is stored separately from all personal data provided by a data subject.

6. Contact option via the website

Due to legal requirements, the OSYPKA GmbH website contains information that enables quick electronic contact with our company and direct communication with us, which also includes a general address for electronic mail (email address). If a data subject contacts the controller by email or via a contact form, the personal data transmitted by the data subject is automatically stored. Such personal data transmitted voluntarily by a data subject to the controller is stored for the purpose of processing or contacting the data subject. This personal data is not passed on to third parties.

7. Routine deletion and blocking of personal data

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

If the purpose for storage no longer applies or if a storage period prescribed by European directives and regulations or other competent legislators expires, personal data is routinely blocked or deleted in accordance with legal requirements.

8. Rights of the data subject

Right to confirmation

Every data subject has the right, granted by European directives and regulations, to request confirmation from the controller as to whether personal data concerning them is being processed. If a data subject wishes to exercise this right of confirmation, they may contact an employee of the controller at any time.

Right to information

Every person affected by the processing of personal data has the right, granted by European directives and regulations, to obtain from the controller, free of charge, information about the personal data stored about them and a copy of this information at any time. Furthermore, European directives and regulations grant the data subject the right to obtain the following information:

• the processing purposes

• the categories of personal data that are processed

• the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations

• 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 a right to rectification or erasure of personal data concerning them or to restriction of processing by the controller or a right to object to such processing

• the existence of a right of appeal to a supervisory authority

• if the personal data is not collected from the data subject: all available information on the source of the data

• the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR 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 obtain information about whether personal data has been transferred to a third country or to an international organization. If this is the case, the data subject also has the right to obtain information about the appropriate safeguards in connection with the transfer.

If a data subject wishes to exercise this right of access, they may contact an employee of the controller at any time.

Right to rectification

Every person affected by the processing of personal data has the right, granted by the European legislator, to request the immediate rectification of inaccurate personal data concerning them. Furthermore, the data subject has the right to request the completion of incomplete personal data, including by means of a supplementary statement, taking into account the purposes of the processing.

If a data subject wishes to exercise this right of rectification, they may contact an employee of the controller at any time.

Right to erasure (right to be forgotten)

Any person affected by the processing of personal data has the right, granted by European directives and regulations, to request that the controller delete personal data concerning them without delay, provided that one of the following reasons applies and insofar as the processing is not necessary:

• The personal data was collected for purposes or processed in other ways for which it is no longer necessary.

• The data subject withdraws their consent on which the processing was based in accordance with Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR, and there is no other legal basis 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 was processed unlawfully.

• The erasure of personal data is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.

• Personal data was collected in relation to information society services offered in accordance with Art. 8 (1) GDPR.

If one of the above reasons applies and a data subject wishes to have personal data stored by OSYPKA GmbH deleted, they may contact an employee of the controller at any time. The OSYPKA GmbH employee will ensure that the deletion request is complied with immediately.

If the personal data has been made public by OSYPKA AG and our company is obliged to delete the personal data as the controller in accordance with Art. 17 (1) GDPR, OSYPKA GmbH shall take appropriate measures, including technical measures, taking into account the available technology and implementation costs, to inform other controllers who process the published personal data that the data subject has requested these other data controllers to delete all links to this personal data or copies or replications of this personal data, unless processing is necessary. The employee of OSYPKA GmbH will take the necessary steps in each individual case.

Right to restriction of processing

Any person affected by the processing of personal data has the right, granted by the European legislator, to request the controller to restrict processing if one of the following conditions 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 refuses to have the personal data deleted and instead requests the restriction of the use of the personal data.

• The controller no longer needs the personal data for the purposes of processing, but the data subject needs it to assert, exercise, or defend 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.

If one of the above conditions is met and a data subject wishes to request the restriction of personal data stored by OSYPKA GmbH, they may contact an employee of the controller at any time. The OSYPKA GmbH employee will arrange for the processing to be restricted.

Right to data portability

Any person affected by the processing of personal data has the right, granted by the European legislator, to receive the personal data concerning them, which they have provided to a controller, in a structured, commonly used, and machine-readable format. They also have the right to transmit this data to another controller without hindrance from the controller to whom the personal data was provided, provided that the processing is based on consent pursuant to Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR or on a contract pursuant to Art. 6(1)(b) GDPR and the processing is carried out using 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 their right to data portability pursuant to Art. 20(1) GDPR, the data subject has the right to have the personal data transmitted directly from one controller to another, where technically feasible and provided that this does not adversely affect the rights and freedoms of others.

Zur Geltendmachung des Rechts auf Datenübertragbarkeit kann sich die betroffene Person jederzeit an einen Mitarbeiter der OSYPKA GmbH wenden.

Right to object

Any person affected by the processing of personal data has the right, granted by the European legislator, to object at any time, on grounds relating to their particular situation, to the processing of personal data concerning them which is based on Article 6(1)(e) or (f) of the GDPR. This also applies to profiling based on these provisions.

In the event of an objection, OSYPKA GmbH will no longer process the personal data unless we can demonstrate compelling legitimate grounds for the processing that override the interests, rights, and freedoms of the data subject, or the processing serves to assert, exercise, or defend legal claims.

If OSYPKA GmbH processes personal data for direct marketing purposes, the data subject has the right to object at any time to the processing of personal data for such marketing purposes. This also applies to profiling insofar as it is related to such direct marketing. If the data subject objects to OSYPKA GmbH processing their data for direct marketing purposes, OSYPKA GmbH will no longer process the personal data for these purposes.

In addition, the data subject has the right to object, on grounds relating to their particular situation, to the processing of personal data concerning them carried out by OSYPKA GmbH for scientific or historical research purposes or for statistical purposes in accordance with Article 89(1) of the GDPR, unless such processing is necessary for the performance of a task carried out in the public interest.

To exercise the right to object, the data subject may contact any employee of OSYPKA GmbH or another employee directly. The data subject is also free to exercise their right to object in relation to the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures using technical specifications.

Automated individual decision-making, including profiling

Any person affected by the processing of personal data has the right granted by European directives and regulations not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning them or similarly significantly affects them, unless the decision (1) is not necessary for entering into, or performance of, a contract between the data subject and the controller, or (2) is authorized 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 based on the data subject's explicit consent.

Ist die Entscheidung (1) für den Abschluss oder die Erfüllung eines Vertrags zwischen der betroffenen Person und dem Verantwortlichen erforderlich oder (2) erfolgt sie mit ausdrücklicher Einwilligung der betroffenen Person, trifft die OSYPKA GmbH angemessene Maßnahmen, um die Rechte und Freiheiten sowie die berechtigten Interessen der betroffenen Person zu wahren, wozu mindestens das Recht auf Erwirkung des Eingreifens einer Person seitens des Verantwortlichen, auf Darlegung des eigenen Standpunkts und auf Anfechtung der Entscheidung gehört.

If the data subject wishes to assert rights relating to automated decisions, they may contact an employee of the controller at any time.

Right to revoke consent under data protection law

Every person affected by the processing of personal data has the right, granted by European directives and regulations, to revoke their consent to the processing of personal data at any time.

If the data subject wishes to exercise their right to withdraw consent, they may contact an employee of the controller at any time.

9. Data protection in job applications and the application process

The controller collects and processes applicants' personal data for the purpose of handling the application process. Processing may also be carried out electronically. This is particularly the case if an applicant submits the relevant application documents to the controller electronically, for example by email or via a web form on the website. If the controller concludes an employment contract with an applicant, the data transmitted 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 will be automatically deleted two months after notification of the rejection decision, provided that no other legitimate interests of the controller prevent deletion. Other legitimate interests in this sense include, for example, the burden of proof in proceedings under the General Equal Treatment Act (AGG).

10. Legal basis for processing

Art. 6 I lit. a GDPR serves as the legal basis for our company 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 party, as is the case, for example, with processing operations necessary for the delivery of goods or the provision of other services or consideration, the processing is based on Art. 6 I lit. b GDPR. The same applies to processing operations that are necessary for the implementation of pre-contractual measures, for example in cases of inquiries about our products or services. If our company is subject to a legal obligation that requires the processing of personal data, such as to fulfill tax obligations, the processing is based on Art. 6 I lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor to our premises were injured and their name, age, health insurance details, or other vital information had to be passed on to a doctor, hospital, or other third party. In this case, the processing would be based on Art. 6 I lit. d GDPR. Finally, processing operations could be based on Art. 6 I lit. f GDPR. This legal basis covers processing operations that are not covered by any of the above legal bases if the processing is necessary to safeguard a legitimate interest of our company or a third party, provided that the interests, fundamental rights, and freedoms of the data subject do not prevail. 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 GDPR).

11. Legitimate interests in processing pursued by the controller or a third party

If the processing of personal data is based on Article 6 I lit. f GDPR, our legitimate interest is the performance of our business activities for the benefit of all our employees and our shareholders.

12. Duration for which personal data is stored

The criterion for the duration of storage of personal data is the respective statutory retention period. After expiry of this period, the corresponding data is routinely deleted, provided that it is no longer required for the fulfillment of a contract or for the initiation of a contract.

13. Legal or contractual requirements for the provision of personal data; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of non-provision

We would like to inform you that the provision of personal data is partly required by law (e.g., tax regulations) or may also result from contractual provisions (e.g., information about the contractual partner). In some cases, it may be necessary for a data subject to provide us with personal data in order to conclude a contract, which we must then process. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with them. Failure to provide personal data would mean that the contract with the data subject could not be concluded. Before providing personal data, the data subject must contact one of our employees. Our employee will explain to the data subject on a case-by-case basis whether the provision of personal data is required by law or contract or is 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.

14. 14. Existence of automated decision-making

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