Information about Data protection regulation under Article 13 and 14 GDPR
This information explains how and for what purposes Bösch Boden Spies GmbH & Co. KG processes your personal data. Information about the controller and about the data protection officer are available in the privacy statement on our website: https://www.boeschbodenspies.com/en/datenschutz/
1. Processing purposes and legal basis
We process your personal data for the following purposes:
- agent and traders of fruits and fruit products
- logistic partners import, export, services relevant for transport as well as documentation, contract and delivery monitoring, establishing and administering contracts
- payment processing, management and hedging of currency as well as ensuring compliance with tax regulations
- contract performance and invoicing
In the particular case, processing of your data is lawful: [Fehler im dt. Text] ?
- for the purpose of setting up, performing and terminating a contract according to GDPR Article 6 (1) b
- for compliance with a legal obligation according to GDPR Article 6 (1) c
- for marketing and sales data according to GDPR Article 6 (1) f
- for other data within the consent according to GDPR Article 6 (1) a
For setting up, performing and terminating a contract according to GDPR Article 6 (1) b personal data (e.g. legal representative, company, commercial register number, value added tax identification number, address, data of contact, bank data) are processed by Bösch Boden Spies. Without these data, a cooperation is not possible.
Furthermore, we process the following personal data:
- information about the nature and contents of contract data, order, sales and document data, customer and supplier history as well as consultancy documents
- marketing and sales data
- information from your electronic communications with us (e. g. emails, IP-address, log in data)
- customer administration
- any details which we have received within the frame of our business relations (e. g. during customer meetings),
- data which had been generated by us from master and contact data as well as from other data, e.g. with the help of customer needs and potential analyses,
- documentation of your consent for the reception of e.g. newsletters.
As a rule, we either receive the data from you directly, by recommendation or search in publicly available sources, e.g. Internet.
We receive data of applicants (directly) by you (in writing or per email) via the Job Office, web portals or recruitment agencies.
1.1 Right of objection
A consent is always freely given. You will suffer no disadvantages, if it is not given. Your consent can be withdrawn or changed for the future at any time without giving any reasons. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal. Please send your withdrawal of consent to our postal address or to office@BoeschBodenSpies.com
We do not perform automated evaluation (profiling).
2. Recipients of data
All services are provided by Bösch Boden Spies GmbH & Co. KG, a transfer of personal data is based on the legal regulations (e.g. to supervisory or financial authorities) or in cooperation with other service providers, also within the frame of recommendations or contact request.
We also transfer your personal data within the specter of our usual services to third countries for the purpose of order procurement or for contractual cooperation.
For the provision of our purchase systems, the administration of our customer data and for sending our personalized newsletter, we apply systems of Salesforce.com Germany GmbH, Erika-Mann-Str. 63, 80636 Munich („Salesforce“).
Data, which we process within the frame of providing your customer account, purchase procedure, and personalized newsletter, including the analysis of your user behavior, are therefore processed in Salesforce systems.
We use Salesforce due to our legitimate interest pursuant GDPR Article 6 (1) f. Our legitimate interest lies in simplifying of administrative and IT processes, customer administration and communication, processing of enquiries, increasing efficiency as well as in efficiently managing marketing measures.
Salesforce has offices worldwide. The parent company is salesforce.com Inc., Salesforce Tower, 415 Mission Street, 3rd Floor, San Francisco, CA 94105, USA. Thus, Salesforce may transfer data to the USA. It exists no adequacy decision by the EU Commission concerning the data transfer to the USA. Salesforce, however, guarantees an adequate level of data protection due to so-called Binding-Corporate-Rules (BCR). These are binding internal regulations, which had been approved by a European supervisory administration. For more information about the BCR copy go to https://compliance.salesforce.com/en/salesforce-bcrs. In addition, Salesforce guarantees an adequate data protection level by EU standard contractual clauses. For further information, please go to https://www.salesforce.com/content/dam/web/en_us/www/documents/legal/Agreements/data-processing-addendum.pdf
3. Storage period and/or criteria for a determination of this period
Bösch Boden Spies GmbH & Co. KG will store your data for the duration of the business relation. Personal data will be stored for ten years or longer pursuant to legal, tax provisions of the German Commercial Act, and will be erased after the expiration of the legal deadline.
4. Your right as data subject
When we process your personal data, you as “data subject” pursuant to the GDPR shall have the following rights: You shall always have the right of access to the personal data, rectification, blocking, or restriction of processing of our data. You can withdraw the consent for processing of your personal data at any time. You may receive your personal data for data transfer in electronic form. Please contract us either per mail (see address above) or per E-Mail office@BoeschBodenSpies.com
You may have the right to obtain information whether or not we are processing personal data concerning you. The right of information is excluded, if the data are only stored because they cannot be erased pursuant to legal or statutory periods of preservation of if they are stored exclusively for the purpose of data back-ups or data protection control; provided that provision of information would mean an unduly heavy burden and processing of data for other purposes is excluded by suitable technical and organizational measures. If in your case, the right of information is not excluded and your personal data are processed by us, you shall have the right to obtain the following information:
- the purposes of the processing;
- the categories of your processed personal data concerned;
- the recipients or categories of recipients to whom your personal data have been or will be disclosed, in particular recipients in third countries;
- if possible, the envisaged period for which your personal data will be stored, or, if not possible, the criteria used to determine that period;
- the existence of the right of rectification or erasure or restriction of processing your personal data or the right of objection to such processing;
- the right to lodge a complaint with a supervisory authority for data protection;
- if the personal data are not collected from you as the data subject, any available information about their source;
- if appropriate information about the existence of automated decision-making, including profiling, and in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing.
- if personal data are transferred to a third country and no assessment of the EU Commission about the adequacy of the level of protection pursuant to Article 45 section 3 GDPR is available, information about appropriate safeguards pursuant to GDPR Article 46 (2).
4.2 Rectification and completion
If you notice that your personal data are incorrect, you have the right to obtain without undue delay the rectification of inaccurate personal data. You have the right to have incomplete data completed.
You have the right to obtain from the us the erasure of data (“right to be forgotten”), if the processing is not required for exercising the right of expression and information or for compliance with a legal obligation or the performance of a task carried out in the public interest and one of the following grounds applies:
- the personal data are no longer necessary in relation to the purposes for which they were processed;
- the justification for the processing was exclusively based on your consent, which had been withdrawn by you
- you have objected to processing your personal data, which had been made public by us
- you have objected to processing your personal data, which had not been made public by us, and there is no overriding legitimate interest for the processing;
- your personal data have been unlawfully processed;
The personal data have to be erased for compliance with a legal obligation to which we are subject.
The right of information is excluded, if the erasure of data that are not processed automatically in compliance with a legal obligation due to a special kind of storage is not possible or would mean an unduly heavy burden and your interest in the erasure is of minor interest. In this case, the erasure is replaced by a restriction of processing.
4.4 Restriction of processing
You may have the right to ask for a restriction of the processing, if one the following grounds is applicable:
- You contest the accuracy of the personal. In this case, the restriction can be demanded for the period enabling us to verify the accuracy of the data.
- The processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead;
- We no longer need the personal data for the purposes of the processing, but they are required by you for the establishment, exercise or defense of legal claims;
You have objected to processing pursuant to GDPR Article 21(1) pending the verification whether our legitimate grounds override your grounds.
Where processing has been restricted, such personal data shall, only be processed you’re your consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest We have the duty to inform you before the restriction of processing is lifted.
4.5 Data portability
You have the right to data portability, if the processing is based on your consent (GDPR Article 6, (1)(1)(a) or Article 9 (2)(a) or on a contract to you are party and the processing is performed by automated processing. The right to data portability means the following rights, if the rights and freedoms of others are not adversely affected: You have the right to receive the personal data, which had been provided to us, in a structured, commonly used and machine-readable format. You have the right to transmit those data to another controller without hindrance from us. If it is technically feasible, you have the right to require that we directly transmit those data to another controller.
4.6 Withdrawal of consent
You have the right to withdraw at any time a given consent for the future. The withdrawal of the consent can be communicated in an informal matter via phone, email or to our postal address. By the withdrawal, the lawfulness of the data processing is without prejudice to the processing of those data, which had been processed pursuant to the consent until the reception of the withdrawal. After reception of the withdrawal of consent, the data processing, which was exclusively based on your consent, will be terminated.
If, from your point of view the processing of your personal data is unlawful, you may lodge a complaint with the supervisory body for data protection, which is competent for your habitual residence or for the place of work or for the place of the alleged infringement. The competent supervisory body for data protection is the Hamburg Commissioner for Data Security and Freedom of Information (Hamburgischer Beauftragte für Datenschutz und Informationsfreiheit) https://datenschutz-hamburg.de/
If the processing is pursuant to GDPR Article 6, (1)(1)(e) (processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority) or pursuant to GDPR Article 6, (1)(1)(f) (processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party) , you have the right to object on grounds, relating to your particular situation, at any time to processing of your personal data. You have the right to object at any time to processing of your personal data for direct marketing purposes. This includes profiling based on GDPR Article 6, (1)(1)(e) or to GDPR Article 6, (1)(1)(f).
After exercising the right of objection, we no longer process your personal data, unless we can demonstrate compelling grounds for processing, which override your interests, rights and freedoms, or for the establishment, exercise or defense of legal claims.
You may communicate the withdrawal of the consent in an informal matter via phone, email or to our postal address, which had been indicated at the beginning of this privacy statement.