We are very pleased about your interest in our company.
Data protection is of particular importance for the management of MobiMedia AG.
• a) Personal data Personal data means any information relating to an identified or identifiable natural person (hereinafter: “data subject”). A natural person is considered to be identifiable, directly or indirectly, in particular by association with an identifier such as a name, with an identification number, with location data, with an online identifier or with one or more special characteristics expressing the physical, physiological, genetic, mental, economic, cultural or social identity of this natural person.
• b) Data subject A data subject is any identified or identifiable natural person whose personal data is processed by the controller.
• c) Processing Processing means any procedure or series of operations related to personal data, such as collecting, capturing, organising, ordering, storing, adapting or modifying, reading out, querying, using, with or without the aid of automated procedures; disclosure through submission, dissemination or any other form of provision, reconciliation or association, restriction, erasure or destruction.
• d) Restriction of processing Restriction of the processing is the marking of stored personal data with the aim to limit its future processing. • e) Profiling Profiling is any type of automated processing of personal data that involves the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular aspects relating to job performance, economic situation, health, personal, too analyse or predict preferences, interests, reliability, behaviour, whereabouts, or relocation of that natural person.
• f) Pseudonymisation Pseudonymisation is the processing of personal data in such a way that personal data can no longer be assigned to a specific data subject without additional information, provided that such additional information is kept separate and subject to technical and organisational measures to ensure that the personal data cannot be assigned to an identified or identifiable natural person.
• g) Responsible controller, data controller, controller The responsible controller or controller is the natural or legal person, public authority, body or entity that, alone or in concert with others, decides on the purposes and means of processing personal data. Where the purposes and means of such processing are determined by Union law or the law of the Member States, the controller or the specific criteria for its designation may be provided for under Union or national law.
• h) Commissioned processor A commissioned processor is a natural or legal person, public authority, body or entity that processes personal data on behalf of the controller.
• i) Recipient A recipient is a natural or legal person, agency, body or other entity to whom personal data is disclosed, whether or not it is a third party. However, authorities which may receive personal data under Union or national law in connection with a particular mission are not considered to be recipients.
• j) Third parties A third party is a natural or legal person, public authority, body or entity other than the data subject, the controller, the commissioned processor and the persons authorised under the direct responsibility of the controller or commissioned processor to process the personal data.
• k) Consent Consent is any expression of will voluntarily and unequivocally made by the data subject in the form of a statement or other unambiguous confirmatory act expressing that the data subject consents to the processing of the personal data concerning them.
2. Name and address of the controller
The controller within the meaning of the General Data Protection Regulation, other data protection laws in the Member States of the European Union and other provisions with a data protection character is:
MobiMedia Aktiengesellschaft Rottpark 24 84347 Pfarrkirchen
Telefon: 0049 8561 96 16 0 Telefax: 0049 8561 96 16 96
E-Mail: firstname.lastname@example.org Internetseite: mobimedia.de
3. Name and address of the data protection officer
The data protection officer of the controller is: Data Protection Officer (GDPR) Zimmermann Alexander MobiMedia AG email@example.com +49 85 61 96 16 – 25
Any data subject can contact our data protection officer at any time with any questions or suggestions regarding data protection.
4. Collection of general data and information The MobiMedia AG website collects a series of general data and information each time the website is accessed by a data subject or an automated system. This general data and information is stored in the log files of the server. The (1) browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system accesses our website (so-called referrers), (4) the sub-web pages, which can be accessed via an accessing system (5) the date and time of access to the website, (6) an Internet Protocol (IP) address, (7) the Internet service provider of the accessing system and (8) other similar data and information used in the event of attacks on our information technology systems. When using this general data and information MobiMedia AG does not draw conclusions about the person of the data subject.
Rather, this information is required in order to (1) correctly deliver the contents of our website, (2) to optimise the content of our website and advertising for it, (3) to ensure the continued functioning of our information technology systems and the technology of our website, and (4) to provide law enforcement authorities with the necessary information for prosecution in case of a cyberattack. This anonymously collected data and information is therefore statistically and further evaluated by MobiMedia AG with the aim of increasing data protection and data security in our company in order to ultimately ensure the best possible level of protection for the personal data processed by us. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.
5. Routine deletion and blocking of personal data
The controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of the storage or, if so required by the European legislature and other legislators in laws or regulations, or the purposes for which the data was provided to the controller. If the storage purpose is omitted or if a storage period prescribed by the European directives and regulations or any other relevant legislature expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions. 6. Rights of the data subject
• a) Right to confirmation
Each data subject has the right, as granted by the European legislature and regulatory authority, to require the controller to confirm whether personal data relating to them is being processed. If a data subject wishes to exercise this right of confirmation, they can contact an employee of the controller at any time.
• b) Right to information
Any person affected by the processing of personal data shall have the right granted by the European legislature and regulatory authority at any time to obtain from the controller information free of charge concerning the personal data stored about them and a copy of that information. In addition, the European legislature and regulatory authority has guaranteed that the data subject be provided with the following information:
o The processing purposes
o The categories of personal data being processed
o The recipients or categories of recipients to whom the personal data has been disclosed or is still being disclosed, in particular to recipients in third countries or to international organisations o If possible, the planned duration for which the personal data will be stored or, if that is not possible, the criteria for determining that duration o The existence of a right to correction or deletion of the personal data concerning the data subject, or to the limitation of the processing by the controller or a right to object to such processing
o The existence of a right of appeal to a supervisory authority
o If the personal data is not collected from the data subject: All available information about the origin of the data o The existence of automated decision-making including profiling in accordance with Art. 22 (1) and (4) of the GDPR and – at least in these cases – meaningful information about the logic involved and the scope and intended impact of such processing on the data subject Furthermore, the data subject has a right to information as to whether personal data has been transmitted to a third country or to an international organisation. If this is the case, then the data subject has the right to obtain information about the appropriate guarantees in connection with the transfer. If a data subject wishes to avail themselves of this right to information, they may, at any time, contact an employee of the controller.
• c) Right to correction
Any person affected by the processing of personal data has the right granted by the European legislature and regulatory authority to demand the immediate correction of incorrect 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 declaration, taking into account the purposes of the processing. If a data subject wishes to exercise this right to correction, they can contact an employee of the controller at any time.
• d) Right to deletion (right to be forgotten)
Any data subject affected by the processing of personal data shall have the right granted by the European legislature and regulatory authority to require the controller to immediately delete the personal data concerning them, provided that one of the following reasons is satisfied and the processing is not required: o The personal data has been collected for such purposes or otherwise processed for which it is no longer necessary.
o The data subject revokes the consent on which the processing was based pursuant to Art. 6 (1) (a) of the GDPR or Art. 9 (2) (a) of the GDPR and any other legal basis for the processing is not present.
o According to Art. 21 (1) of the GDPR, the data subject objects to the processing and there are no prevailing legitimate reasons for the processing or the data subject objects to the proceedings pursuant to Art. 21 (2) GDPR.
o The personal data was processed unlawfully. o The deletion of personal data is necessary to fulfil a legal obligation under Union or national law, to which the controller is subject. o The personal data was collected in relation to information society services offered in accordance with Art. 8 (1) GDPR.
If any of the above reasons apply and a data subject wishes to arrange for the deletion of personal data held by MobiMedia AG, they may, at any time, contact an employee of the controller. The MobiMedia AG employee will arrange for the deletion request to be fulfilled immediately. If the personal data has been made public by MobiMedia AG and if our company is responsible for deleting personal data as the controller pursuant to Art. 17 (1) GDPR, MobiMedia AG will take appropriate measures, taking into account the available technology and the implementation costs of a technical nature, to inform other data controllers processing the personal data that the data subject has requested the deletion of all links to such personal data or copies or replications of such personal data as far as the processing is not required. The employee of MobiMedia AG shall arrange the necessary measures in individual cases.
• e) Right to restriction of processing
Any data subject affected by the processing of personal data has the right granted by the European legislature and regulatory authority to require the controller to restrict the processing if one of the following conditions applies:
o The accuracy of the personal data is contested by the data subject for a period of time that enables the controller to verify the accuracy of the personal data.
o The processing is unlawful, the data subject refuses to delete the personal data and instead requests the restriction of the use of personal data.
o The controller no longer needs the personal data for processing purposes, but the data subject requires it to assert, exercise or defend legal claims.
o The data subject has objected to the processing pursuant to Art. 21 (1) GDPR, and it is not yet clear whether the legitimate reasons of the controller outweigh those of the data subject. If one of the above-mentioned conditions applies and a data subject wishes to request the restriction of personal data stored by MobiMedia AG, they may at any time contact an employee of the controller. The employee of MobiMedia AG will initiate the restriction of processing.
• f) Data transferability
Any data subject affected by the processing of personal data shall have the right granted by the European legislature and regulatory authority to receive the personal data concerning them which they have provided to a controller in a structured, common and machine-readable format. The data subject also has the right to transfer this data to another controller without hindrance by the original 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 para 2 (a) GDPR or on a contract pursuant to Art. 6 (1) (b) GDPR and the processing occurs by automated means, unless the processing is necessary for the performance of a task of public interest or in the exercise of official authority, which has been assigned to the controller. Furthermore, in exercising their right to data portability under Art. 20 (1) GDPR, the data subject has the right to obtain that the personal data is transmitted directly from one controller to another, where technically feasible and if this does not affect the rights and freedoms of others. In order to assert the right to data portability, the data subject can contact a MobiMedia AG employee at any time.
• g) Right to objection
Any data subject affected by the processing of personal data shall have the right conferred by the European legislature and regulatory authority at any time, for reasons arising from their particular situation, to object to the processing of personal data relating to them pursuant to Art. 6 (1) (e) or (f) GDPR.
This also applies to profiling based on these provisions. MobiMedia AG no longer processes personal data in the event of an objection, unless we can prove that there are compelling legitimate reasons for processing that outweigh the interests, rights and freedoms of the data subject, or the processing is for assertion, exercise or defence of legal claims.
If MobiMedia AG processes personal data in order to operate direct marketing, the data subject has the right to object at any time to the processing of personal data for the purpose of such marketing. This also applies to profiling, as far as it is associated with such direct marketing. If the data subject objects to MobiMedia AG against processing for the purposes of direct marketing, MobiMedia AG will no longer process the personal data for these purposes.
In addition, the data subject has the right, for reasons arising from their particular situation, to object against the processing of personal data relating to them, which is processed by MobiMedia AG for scientific or historical research purposes or for statistical purposes pursuant to Art. 89 (1) GDPR unless such processing is necessary to fulfil a task of public interest. To exercise the right to objection, the data subject can directly contact any MobiMedia AG employee or another employee.
The data subject is also free, in the context of the use of information society services, notwithstanding Directive 2002/58/EC, to exercise their right to objection by means of automated procedures using technical specifications.
• h) Automated decisions in individual cases including profiling
Any data subject affected by the processing of personal data shall have the right, as granted by the European legislature and regulatory authority, not to be subject to a decision based solely on automated processing, including profiling, which has a legal effect on them or, in a similar manner, significantly affects them; unless the decision
(1) is necessary for the conclusion or performance of a contract between the data subject and the controller; or
(2) is permitted by Union or Member State legislation to which the controller is subject, and the legislation provides for appropriate measures to safeguard the rights and freedoms and the legitimate interests of the data subject; or
(3) occurs with the express consent of the data subject.
If the decision
(1) is required for the conclusion or performance of a contract between the data subject and the controller or
(2) is made with the express consent of the data subject, Mobimedia AG shall take appropriate measures to protect the rights and freedoms and the legitimate persons interests of the data subject, including at least the right to obtain the intervention of a person by the controller, the right to express their own position and the right to contest the decision. If the data subject wishes to exercise their rights regarding automated decision-making, they may, at any time, contact an employee of the controller.
• i) Right to revoke data protection consent
Any data subject affected by the processing of personal data has the right, granted by the European legislature and regulatory authority, to revoke consent to the processing of personal data at any time. If the data subject wishes to assert their right to withdraw consent, they may, at any time, contact an employee of the controller.
7. Legal basis of processing Art. 6 (1) (a) GDPR serves our company as the legal basis for processing operations in which 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, as is the case, for example, in processing operations necessary for the supply of goods or the provision of any other service or consideration, processing shall be based on Art. 6 (1) (b) GDPR. The same applies to processing operations that are necessary to carry out pre-contractual measures, for example in the case of inquiries about our products or services.
If our company is subject to a legal obligation which requires the processing of personal data, such as the fulfilment of tax obligations, the processing is based on Art. 6 (1) (c) GDPR. In rare cases, the processing of personal data may be required 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 his or her name, age, health insurance or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6 (1) (d) GDPR. Ultimately, processing operations could be based on Art. 6 (1) (f) GDPR. Processing operations that are not covered by any of the other above legal bases are based on this latter legal basis if processing is necessary to safeguard the legitimate interests of our company or a third party, unless the interests, fundamental rights or fundamental freedoms of the data subject prevail. Such processing operations are particularly permitted because they have been specifically mentioned by the European legislator. In that regard, it considered that a legitimate interest could be assumed if the data subject is a customer of the controller (recital 47, second sentence, GDPR).
8. Legitimate interests in the processing being pursued by the controller or a third party If the processing of personal data is based on Art. 6 (1) (f) GDPR, our legitimate interest lies in conducting our business for the benefit of all of our employees and our shareholders.
9. Duration for which the personal data is stored The criterion for the duration of the storage of personal data is the respective statutory retention period. After the deadline, the corresponding data will be routinely deleted, if it is no longer required to fulfil the contract or to initiate a contract.
10. Legal or contractual provisions for the provision of personal data; Necessity of the conclusion of the contract; Obligation of the data subject to provide personal data; Possible consequences of non-provision We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual regulations (e.g. information about the contracting party). Sometimes it may be necessary for a contract to be concluded that a data subject provide us with personal data that must subsequently be processed by us. For example, the data subject is required to provide us with personal information when our company concludes a contract with them. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Prior to any personal data being provided by the data subject, the data subject must contact one of our employees. Our employee will inform the individual on a case-by-case basis whether the provision of the personal data is required by law or contract or required for the conclusion of the contract, whether there is an obligation to provide the personal data, and what would result from the failure to provide the personal data.
11. Existence of automated decision-making As a responsible company, we refrain from automatic decision-making or profiling.
12. Mention of customer names MobiMedia AG may mention the name of the customer in the usual way on the homepage or in advertising brochures. The mention is limited to the company name and, where appropriate, the company headquarters. Contents of the business relationship are not mentioned. However, the naming of the customer can be assigned to individual business segments of MobiMedia AG. The customer can always object to this at any time for the future. A reference customer agreement explicitly requires separate regulation.
D 84347 Pfarrkirchen
+49 8561 96160