Privacy Policy

Name and Address of the Person in Charge

Person in charge in the sense of the GDPR and other data protection regulations is:



Maidl Tunnelconsultants GmbH & Co.KG

Fuldastraße 11

47051 Duisburg

GERMANY

Phone.: +49 (0)203 - 45 65 98 - 0

E-Mail: office@maidl-tc.de

Website: www.maidl-tc.de



General Data Processing Aspects

Scope of processing of personally identifiable information

In general, we process personally identifiable information only where required for providing a functional web site and our contents and services. Personally identifiable information of our users is regularly processed only if the user explicitly agrees. An exception to this are cases where consent is impossible to obtain and the processing of information is permissible by law.

The following personally identifiable pieces of information are stored in PROCON: last name, given name, phone number, e-mail address, user alias, and password. These data are required for effective use of the software, i.e. for logon and for issuing alarm notifications. Furthermore, at each logon, the user alias, the time of logon, and the IP address of the user are stored. These data are required to prevent abuse of user credentials and to obtain information about offenders in case of fraudulent use.

Legal basis for processing of personally identifiable information

Insofar as we obtain the consent of the data subject for processing of personal data, Article 6 (1) (a) of the EU General Data Protection Regulation (GDPR) is the legal basis. In the processing of personal data necessary for the performance of a contract to which the data subject is a party, Article 6 (1) (b) GDPR is the legal basis. This also applies to processing operations required to carry out pre-contractual actions. Insofar as processing of personal data is required to fulfill a legal obligation our company is subject to, Article 6 (1) (c) GDPR is the legal basis. In the event that vital interests of the data subject or another natural person require the processing of personal data, Article 6 (1) (d) GDPR is the legal basis.

If processing is necessary to safeguard the legitimate interests of our company or a third party, and if the interests, fundamental rights and freedoms of the data subject do not prevail over the first interest, Article 6 (1) (f) GDPR is the legal basis for processing.

Deletion and storage duration of data

The personal data of the data subject will be deleted or disabled as soon as the purpose of the storage is void. This happens after the expiry of a project or a contractually agreed period for which Maidl Tunnelconsultants act in a consulting contract. Beyond this, storage may be required by European or national legislation or other regulations to which the person in charge is subject. Disabling or deletion of the data also takes place when a storage period prescribed by the aforementioned standards expires, unless there is a need for further storage of the data for conclusion of a contract or fulfillment of the contract. The deletion of personal data can be requested via a simple e-mail to the business address. The deletion will be conducted within 10 business days upon receiving the e-mail.

Provision of the website and creation of log files

Description and scope of data processing

Each time our website is accessed, our system automatically collects data and information from the computer system of the calling computer.

The following data is collected:



  1. Information about the browser type and version used

  2. The operating system of the user

  3. The IP address of the user

  4. Date and time of access

The data is also stored in the log files of our system. A storage of this data together with other personal data of the user does not take place.

Legal basis for data processing

The legal basis for the temporary storage of data and log files is Art. 6 (1) (f) GDPR.

Purpose of the data processing

The temporary storage of the IP address by the system is necessary to allow the delivery of the website to the computer of the user. To do this, the user's IP address must be kept for the duration of the session.



Storage in log files is done to ensure the functionality of the website. In addition, the data is used to optimise the website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context.



For these purposes, our legitimate interest in the processing of data according to Art. 6 (1) (f) GDPR.

Duration of storage

The data will be deleted as soon as it is no longer necessary for the purpose of its collection. In the case of collecting the data for providing the website, this is the case when the respective session is completed.



In the case of storing the data in log files, this is the case after no more than seven days. An additional storage is possible. In this case, the IP addresses of the users are deleted or alienated, so that a correlation to the calling client is no longer possible.

Objection and removal possibility

The collection of data for the provision of the website and the storage of the data in log files is essential for the operation of the website. There is consequently no contradiction on the part of the user.

Usage of Cookies

a) Description and scope of data processing

Our website uses cookies. Cookies are text files that are stored in the internet browser of the user's computer system. When a user visits a website, a cookie may be stored on the user's computer system. This cookie contains a characteristic string that allows the browser to be uniquely identified when the website is re-opened.

We use cookies to make our website more user-friendly. Some elements of our website require that the calling browser can be identified even after a page break.

The following data is stored and transmitted in the cookies:

  1. log-in information

b) Legal basis for data processing

The legal basis for the processing of personal data using cookies is Article 6 (1) (f) GDPR.

c) Purpose of the data processing

The purpose of using technically necessary cookies is to facilitate the use of websites for users. Some features of our website cannot be offered without the use of cookies. For these, it is necessary that the browser is recognized even after a page break.

We require cookies for the following applications:

  1. log-in information

The user data collected through technically necessary cookies will not be used to create user profiles.

For these purposes our legitimate interest exists in the processing of personal data pursuant to Art. 6 (1) (f) GDPR.

e) Duration of storage, objection and disposal options

Cookies are stored on the computer of the user and transmitted to our side. Therefore, as a user, you have full control over the use of cookies. By changing the settings in your internet browser, you can disable or restrict the transmission of cookies. Already saved cookies can be deleted at any time. This can also be done automatically. If cookies are disabled for our website, it may not be possible to use all the functions of the website completely.

Registration

Description and scope of data processing

On our website, we can register users by entering personal information. The data is entered by employees of the Maidl Tunnelconsultants in an input mask, transmitted to the PROCON II system and stored. A transfer of data to third parties does not take place. The following data is collected during the registration process.



At the time of registration the following data will be stored:

  1. Last name of the user

  2. Given name of the user

  3. Phone number of the user

  4. E-Mail address of the user

  5. User name and password of the user

Prior to the registration process, the consent of the user to process this data is obtained.

Legal basis for data processing

Legal basis for the processing of the data is, in presence of the consent of the user, Art. 6 (1) (a) GDPR.



If the registration serves the fulfillment of a contract of which the user is a party or the implementation of pre-contractual measures, an additional legal basis for the processing of the data is Art. 6 (1) (b) GDPR.

Purpose of the data processing

User registration is required for the provision of certain content and services on our website.

By logging in, the user gains access to sensitive project data that is not intended for third parties. For this reason, a prior check of the person is necessary before granting access to this data.

Duration of storage

The data will be deleted as soon as it is no longer necessary for the purpose of its collection.

This is the case for the data collected during the registration process when the registration on our website is cancelled or modified.



Objection and removal

As a user, at any time you have the option of cancelling the registration, as well as to demand a change of your stored data.

For a modification or deletion of the registration data, please contact our office by letter or e-mail (contact information is available under I.). The modification or deletion of the data takes place no later than 10 working days after receipt of the request.

Alarming functionality and e-mail contact

Description and scope of data processing

PROCON II has an integrated alarming function to inform the user about extraordinary real-time data. To send the alarm e-mail, the stored, personal registration data of the user is accessed. No further personal data will be stored during this alarm process.



Furthermore, you can contact us via the provided e-mail address. In this case, the user's personal data transmitted by e-mail will be stored.

In this context, there is no disclosure of the data to third parties. The data is used exclusively for processing the conversation.

Legal basis for data processing

Legal basis for the processing of the data is, in presence of the consent of the user, Art. 6 (1) (a) GDPR.



The legal basis for the processing of the data transmitted in the course of sending an e-mail is Art. 6 (1) (f) GDPR. If the e-mail contact aims to conclude a contract, then additional legal basis for the processing is Art. 6 (1) (b) GDPR.

Purpose of the data processing

The alarm function is an integral part of the PROCON II system and is used for a quick notification of selected project participants in order to be able to react immediately to problems and possible security risks. For this purpose, certain personal data such as the e-mail address are stored during the registration.

Duration of storage

The data will be deleted as soon as they are no longer necessary for the purpose of their collection. For the personal data sent by e-mail, this is the case when the respective conversation with the user has ended. The conversation is ended when it can be inferred from the circumstances that the relevant facts have been finally clarified.

The additional personal data collected during the sending process will be deleted at the latest after a period of seven days.

Objection and removal

The user has the possibility at any time to revoke his consent to the processing of the personal data. If the user contacts us by e-mail, he may object to the storage of his personal data at any time. In such a case, the conversation cannot continue.

The revocation of consent and the objection of storage must be made in writing by post, fax or e-mail.

All personal data stored in the course of contacting will be deleted in this case.



Rights of the data subject

If your personal data is processed, you are affected by the GDPR and you have the following rights to the person responsible:

Right to disclosure

You may ask the person in charge to confirm if personal data concerning you is processed by us. If this is the case, you can request information from the person in charge about the following information:

(1) the purposes for which the personal data are processed;

(2) the categories of personal data being processed;

(3) the recipients or categories of recipients to whom the personal data relating to you have been disclosed or are still being disclosed;

(4) the planned duration of storage of personal data concerning you or, if specific information is not available, criteria for determining the retention period;

(5) the existence of a right to rectification or deletion of personal data concerning you, a right to restriction of processing by the person in charge or a right to object to such processing;

(6) the existence of a right of appeal to a supervisory authority;

(7) all available information on the source of the data if the personal data is not collected from the data subject;

(8) the existence of an automated decision-making including profiling in accordance with Article 22, Section 1 and 4 GDPR and – at least in these cases – meaningful information about the involved logic and the scope and the desired impact of such processing for the person concerned.

You have the right to request information about whether your personal information relates to a third country or an international organization. In this context, you can request to be informed about the appropriate guarantees relating to the transfer in accordance with. Art. 46 GDPR.



Right to rectification

You have the right to rectification and/or completion to the person in charge, if the your personal data processed is incorrect or incomplete. The person in charge must make the correction without delay.

Right to restriction of processing

You may request the restriction of the processing of your personal data under the following conditions:

(1) if you contest the accuracy of your personal information for a period of time that enables the person in charge to verify the accuracy of your personal information;

(2) if the processing is unlawful and you refuse the deletion of the personal data and instead demand the restriction of the use of the personal data;

(3) if the person in charge no longer needs the personal data for the purposes of processing, but you need it to assert, exercise or defend legal claims; or

(4) if you have objected to the processing pursuant to Art. 21 (1) GDPR and it is not yet certain whether the legitimate reasons of the person responsible outweigh your reasons.

If the processing of personal data concerning you has been restricted, this data may only be used with your consent or for the purpose of asserting, exercising or defending legal claims or protecting the rights of another natural or legal person or for reasons of important public interest of the Union or a Member State.

If the limitation of the processing is restricted with respect to the aforementioned conditions, you will be informed by the person in charge before the restriction is lifted.

Right of deletion

a) Deletion duty

You may require the person in charge to delete your personal information without delay, and the person in charts is required to delete that information immediately if one of the following is true:

(1) Personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.

(2) You revoke your consent to processing acc. Art. 6 (1) (a) or Art. 9 (2) (a) GDPR and there is no other legal basis for processing.

(3) According to. Art. 21 (1) GDPR you object to the processing and there are no prior justifiable reasons for the processing, or you object to the processing according to Art. 21 (2) GDPR.

(4) Your personal data have been processed unlawfully.

(5) The deletion of personal data concerning you shall be required to fulfil a legal obligation under Union law or the law of the Member States to which the person in charge is subject.

b) Information to third parties

If the person in charge has made the personal data concerning you public and is the person obligated for their deletion acc. Article 17 (1) of the GDPR, the person shall take appropriate measures taking into account available technology and implementation costs, including technical means, to inform persons who process the personal data, that you have been requesting deletion of all links to such personal data or of copies or replications of such personal data.

c) Exceptions

The right to deletion does not exist if the processing is necessary

(1) to exercise the right of freedom of expression and information;

(2) to fulfil a legal obligation required by the law of the Union or of the Member States to which the person in charge is subject, or to carry out a task which is in the public interest or in the exercise of official authority which has been conferring on the person in charge;

(3) for reasons of public interest in the field of public health pursuant to Art. 9 (2) (h) and (i) and Art. 9 (3) GDPR;

(4) for archival purposes having public interest, scientific or historical research purposes or for statistical purposes acc. Article 89 (1) GDPR, to the extent that the law referred to in subparagraph (a) is likely to render impossible or seriously affect the achievement of the objectives of that processing, or

(5) to assert, exercise or defend legal claims.

Right of information

If you have the right of rectification, deletion or restriction of processing to the person in charge, he/she is obliged to notify all recipients to whom your personal data have been disclosed of this correction or deletion of the data or restriction of processing, unless: this proves to be impossible or involves a disproportionate effort.

You have a right to the person responsible to be informed about these recipients.

Right of data portability

You have the right to receive the personally identifiable information which you have provided to the person in charge, in a structured, common and machine-readable format. In addition, you have the right to transfer this data to another person without hindrance by the person responsible for providing the personal data, in case that

(1) the processing is based on a consent acc. Art. 6 (1) (a) GDPR or Art. 9 (2) (a) GDPR or on a contract acc. Art. (6) (b) GDPR and

(2) the processing is done by automated means.

In exercising this right, you also have the right that your personal data relating to you are transmitted directly from one person to another, insofar as this is technically feasible. Freedoms and rights of other persons may not be affected.

The right to data portability does not apply to the processing of personal data necessary for the performance of a task in the public interest or in the exercise of official authority delegated to the person in charge.

Right to object

At any time you have the right, for reasons that arise from your particular situation, to object to the processing of your personal data, which pursuant to Art. 6 para. 1 lit. e or f GDPR; this also applies to profiling based on these provisions.

The person in charge will no longer process the personal data concerning you unless he can demonstrate compelling legitimate grounds for processing that outweigh your interests, rights and freedoms, or the processing is for the purpose of enforcing, exercising or defending legal claims.

If the personal data relating to you are processed for direct marketing purposes, you have the right to object at any time to the processing of your personal data for the purpose of such advertising; this also applies to profiling insofar as it is associated with such direct mail.

If you object to processing for direct marketing purposes, your personal data will no longer be processed for these purposes.

Regardless of Directive 2002/58 / EC, you have the option, in the context of the use of information society services, of exercising your right to object through automated procedures that use technical specifications.

Right to revoke the data protection consent declaration

You have the right to revoke your data protection declaration at any time. The revocation of consent does not affect the legality of the processing carried out on the basis of the consent until the revocation.

Automated decision on a case-by-case basis, including profiling

You have the right not to be subjected to a decision based solely on automated processing - including profiling - that will have legal effect or similarly affect you in a similar manner. This does not apply if the decision

(1) is required for the conclusion or performance of a contract between you and the person in charge,

(2) is permitted by the Union or Member State legislation to which the person in charge is subject, and where such legislation contains appropriate measures to safeguard your rights and freedoms and legitimate interests, or

(3) with your express consent.

However, these decisions must not be based on special categories of personal data under Art. 9 (1) GDPR, unless Art. 9 (2) (a) or (g) GDPR applies and reasonable measures have been taken to protect the rights and freedoms as well as your legitimate interests.

With respect to the cases referred to in (1) and (3), the person in charge shall take appropriate measures to uphold the rights and freedoms and their legitimate interests.

Right to complain to a supervisory authority

Without prejudice to any other administrative or judicial remedy, you shall have the right to complain to a supervisory authority, in particular in the Member State of your residence, place of work or place of alleged infringement, if you believe that the processing of the personal data concerning you is violated against the GDPR. The supervisory authority to which the complaint has been submitted shall inform the complainant of the status and results of the complaint, including the possibility of a judicial remedy pursuant to Article 78 of the GDPR.