Information duties acc. to ART. 13 GDPR
We hereby wish to inform you comprehensively about the processing of your data in our company and the data protection claims and rights to which you are entitled within the meaning of Art. 13 of the European General Data Protection Regulation (GDPR).
1. Who is responsible for data processing and whom can you contact?
organic veggie food GmbH
83093 Bad Endorf
Phone: +49 8053 79520-0
The company data protection officer is
Projekt 29 GmbH & Co. KG
93047 Regensburg, Germany
Phone: + 49 941-2986930
2. Which data are processed and from which sources do these data originate?
We process the data which we have received from you within the framework of contract initiation or processing, on the basis of consents or within the framework of your application to us or within the framework of your staff.
Personal data includes personal data:
Your master/contact data, for example first and last name, address, contact data (e-mail address, telephone number, fax), bank data for customers.
For applicants and employees, this includes, for example, first and last name, address, contact data (e-mail address, telephone number, fax), date of birth, data from curriculum vitae and job references, bank data, religious affiliation, photographs.
For business partners, this includes, for example, the name of their legal representative, company, commercial register number, VAT number, company number, address, contact person contact data (e-mail address, telephone number, fax), bank details.
For trade fair visitors, this includes e.g. first and last name, address, contact data (e-mail address, telephone number, fax).
For visitors to our company, this includes name and signature.
For journalists, this includes first and last name, e-mail address, fax number.
For lottery participants, this includes first and last name, address, e-mail address.
In addition, we also process the following other personal data:
- Information on the type and content of contract data, order data, sales and document data, customer and supplier history and consulting documents,
- advertising and sales data,
- information from your electronic dealings with us (e.g. IP address, log-in data),
- other data that we have received from you within the framework of our business relationship (e.g. in discussions with customers),
- We generate this data ourselves from master data, contact data and other data, e.g. by means of customer demand and customer potential analyses,
- the documentation of your declaration of consent for the receipt of e.g. newsletters.
- photography in the context of events.
3. For what purposes and on what legal basis are the data processed?
We process your data in accordance with the provisions of the Data Protection Basic Regulation (GDPR) and the Federal Data Protection Act 2018, as amended:
- to fulfil (pre-)contractual obligations (Art. 6 para. 1lit.b GDPR):
The processing of your data takes place for the contract winding up on-line or in one of our branches, for the contract winding up of your coworkers in our enterprise. The data will be processed in particular during the initiation of business transactions and the execution of contracts with you.
- to fulfil legal obligations (Art. 6 para. 1 lit.c GDPR):
A processing of your data is necessary for the purpose of the fulfilment of different legal obligations, e.g. from the commercial code or the tax code.
- to safeguard legitimate interests (Art. 6 para. 1 lit.f GDPR):
On the basis of a weighing of interests, data processing may take place beyond the actual fulfilment of the contract in order to safeguard the legitimate interests of us or third parties. Data processing to safeguard legitimate interests is carried out in the following cases, for example:
- advertising or marketing (see No. 4),
- measures for business management and the further development of services and products;
- manage a group-wide customer database to improve customer service
- in the context of legal proceedings
- sending of non-promoting information and press releases.
- within the scope of your consent (Art. 6 para. 1lit.a GDPR):
If you have given us your consent to process your data, e.g. to send you our newsletter, to publish photos, competitions, etc., we will not use your data for any other purpose.
4. Processing of personal data for advertising purposes
You may at any time object to the use of your personal data for advertising purposes in whole or for individual measures without incurring any costs other than the transmission costs according to the basic tariffs.
In Germany we are entitled under the legal requirements of § 7 Abs.3 UWG (law against unfair competition) to use the email address you provided when concluding the contract for direct advertising for our own similar goods or services. You will receive these product recommendations from us regardless of whether you have subscribed to a newsletter or not.
If you do not wish to receive such recommendations by e-mail from us, you can object to the use of your address for this purpose at any time without incurring any costs other than the transmission costs according to the basic tariffs. A text message is sufficient for this purpose. Of course, every e-mail always contains a unsubscribe link.
5. Who receives my data?
If we use a service provider in the sense of an order processing, we remain nevertheless responsible for the protection of your data. All contract processors are contractually obliged to treat your data confidentially and to process it only within the scope of the service provision. The contract processors commissioned by us will receive your data insofar as they require the data for the performance of their respective services. These are, for example, IT service providers that we need for the operation and security of our IT system as well as advertising and address publishers for our own advertising campaigns.
Your data will be processed in our customer database. The customer database supports the improvement of the data quality of the existing customer data (duplicate cleansing, spoilage/deadness flags, address correction) and enables the enrichment with data from public sources.
This data is made available to the group companies if necessary for the execution of the contract. Customer data is stored separately for each company, with our parent company acting as a service provider for the individual participating companies.
If there is a legal obligation and in the context of legal prosecution, authorities and courts as well as external auditors may be recipients of your data.
In addition, insurance companies, banks, credit agencies and service providers may be recipients of your data for the purpose of initiating and fulfilling contracts.
6. How long will my data be stored?
We process your data until the termination of the business relationship or until the expiry of the applicable statutory retention periods (e.g. from national commercial Laws, tax laws etc.); furthermore until the termination of any legal disputes in which the data is required as evidence.
7. Is personal data transferred to a third country?
In principle, we do not transfer any data to a third country. A transfer will only take place on a case-by-case basis on the basis of an adequacy decision of the European Commission, standard contractual clauses, appropriate safeguards or your express consent.
8. What data protection rights do I have?
You have the right at any time to information, correction, deletion or restriction of the processing of your stored data, a right of objection to the processing as well as a right to data transfer and a right of complaint in accordance with the requirements of data protection law.
Right to information:
You can request information from us as to whether and to what extent we process your data.
Right to rectification:
If we process your data that is incomplete or inaccurate, you may request that we correct or complete it at any time.
Right to deletion:
You can demand that we delete your data if we process it unlawfully or if the processing disproportionately interferes with your legitimate protection interests. Please note that there may be reasons that prevent an immediate deletion, e.g. in the case of legally regulated storage obligations.
Irrespective of the exercise of your right to deletion, we will delete your data immediately and completely, insofar as there is no legal or statutory obligation to retain data in this respect.
Right to limit the processing:
You can ask us to restrict the processing of your data if
- you dispute the accuracy of the data for a period of time that allows us to verify the accuracy of the data.
- the processing of the data is unlawful, but you refuse to delete it and instead request a restriction on the use of the data,
- we no longer need the data for the intended purpose, but you still need this data to assert or defend legal claims, or
- you have objected to the processing of the data.
Right to data transferability:
You may request that we provide you with the information you have provided to us in a structured, common and machine-readable format and that you may provide that information to another responsible person without our interference, provided that
- we process this data on the basis of a consent given and revocable by you or for the fulfilment of a contract between us, and
- this processing is carried out using automated procedures.
If technically feasible, you may request us to transfer your data directly to another responsible person.
Right of objection:
If we process your data for legitimate reasons, you may object to such processing at any time; this would also apply to profiling based on these provisions. We will then no longer process your data unless we can prove compelling grounds for processing worthy of protection which outweigh your interests, rights and freedoms or the processing serves the assertion, exercise or defence of legal claims. You can object to the processing of your data for the purpose of direct marketing at any time without giving reasons.
Right of appeal:
If you are of the opinion that we violate German or European data protection law when processing your data, we ask you to contact us in order to clarify any questions you may have. Of course, you also have the right to contact the supervisory authority responsible for you, the respective state office for data protection supervision.
If you wish to assert any of the aforementioned rights against us, please contact our data protection officer. In case of doubt, we may request additional information to confirm your identity.
9. Am I obliged to provide data?
The processing of your data is necessary to conclude or fulfil your contract with us. If you do not provide us with this data, we will generally have to refuse to enter into the contract or will no longer be able to perform an existing contract and will therefore have to terminate it. However, you are not obliged to give your consent to data processing with regard to data which is not relevant for the fulfilment of the contract or which is not required by law.
Data privacy information for data collected in the scope of recruiting, acc. to Art. 13 GDPR
Personal data is processed by employers in a deployment relationship. Therefore, we are required by the new European rules for data privacy (GDPR) to inform you about the following, according to Art. 13 GDPR:
Responsible for the processing of data is your employer:
organic veggie food GmbH
83093 Bad Endorf
Phone: +49 8053 79520-0
The company data protection officer is
Projekt 29 GmbH & Co. KG
93047 Regensburg, Germany
Phone: + 49 941-2986930
Your data is collected and processed within the context of the recruitment process or for the implementation of the employment relationship.
The required data includes in particular your master data (above all your first and last name, name extensions, nationality), your contact data (especially your private address, mobile and landline telephone number, e-mail address), other data from the employment relationship, such as time recording data, holiday periods, periods of incapacity for work, skill data, social data, bank details, social security number, pension insurance number, salary data, tax identification number, special health data and, if applicable, criminal records), as well as protocol data that is created during the use of the IT systems.
Most of your personal data is collected directly from you. Due to legal regulations, however, your data may also be partially collected from other bodies such as the Inland Revenue Office for queries about tax-relevant information for specific reasons, the health insurance company for information on periods of incapacity for work or, if applicable, from other third parties, such as an employment agency or from publicly accessible sources (e.g. professional networks).
Within our company, only those persons who need your personal data to fulfil our contractual and legal obligations, such as the Personnel Department, the Accounts Department, the Specialist Department, the Works Council or the representative body for disabled employees, receive it.
Outside the company, we transfer your data to other recipients, provided that this is necessary to fulfil our contractual and legal obligations. These are in particular the social insurance agencies, the health insurance fund, the pension insurance, professional pension institutions, the employment agency, the professional association, the tax authorities, accident and third-party liability insurances, courts, banks, competent authorities in order to be able to guarantee claims from the company pension scheme or capital-forming benefits, third-party debtors in the event of the attachment of wages and salaries or insolvency administrators in the event of private insolvency.
Your data will not be transferred to a third country.
We process your personal data in compliance with all relevant laws, such as the General Data Protection Regulation (GDPR), local data protection amendment acts, the Works Constitution Act, the Working Hours Act, etc.
First and foremost, data processing serves to establish, implement and terminate the employment relationship. The relevant legal basis for this is Art. 6 Para. 1 lit b GDPR in conjunction with Art. 88 Para. 1 GDPR and, if applicable, your separate consent pursuant to Art. 6 Para. 1 lit a GDPR in comjunction with Art. 7 GDPR (e.g. for video recordings) may be used as a permit regulation under data protection law.
We also process your data in order to be able to fulfil our legal obligations as an employer, especially in the area of tax and social security law. This is carried out on the basis of Art. 6 Para. 1 c) GDPR.
Where necessary, we also process your data on the basis of Art. 6 Para. 1 lit f GDPR in order to protect our legitimate interests or those of third parties (e.g. public authorities). This applies in particular to the investigation of criminal offences or within the Group for purposes of Group management, internal communication and other administrative purposes.
Insofar as special categories of personal data pursuant to Art. 9 Para. 1 GDPR are processed, this serves to exercise rights or to fulfil legal obligations under labour law, social security law and social protection within the framework of the employment relationship (e.g. disclosure of health data to the health insurance fund, recording of severe disability due to additional leave and determination of the severely disabled person levy). This is carried out on the basis of Art. 9 Para. 2 lit. c GDPR. Furthermore, the processing of health data may be necessary for assessing your ability to work in accordance with Art. 9 Para. 2 lit h GDPR.
In addition, the processing of special categories of personal data may be based on consent pursuant to Art. 9 Para. 2 lit a GDPR (e.g. company health management).
Should we wish to process your personal data for a purpose that is not mentioned above, we will inform you in advance.
The storage period for the data collected is limited to the employment relationship. We delete your personal data as soon as it is no longer required for the above-mentioned purposes. After termination of the employment relationship, the data is stored in accordance with the statutory or official retention periods, which are based on the German Commercial Code and the Tax Code, among other things, and then deleted. The storage periods according to the above are up to ten years. In addition, personal data may be stored for the period of the statutory limitation period of three or up to 30 years if claims can be asserted against us.
You have the right to information from the employer about the data stored about your person. Under certain conditions you can request the correction or deletion of your data. You may also have the right to restrict the processing of your data and a right to have the data you provide surrendered in a structured, common and machine-readable format.
Right of Objection
You also have the right to object to the processing of your personal data for direct marketing purposes without giving reasons. If we process your data to protect legitimate interests, you may object to this processing for reasons arising from your particular situation. We will then no longer process your personal data unless we can prove compelling legitimate reasons worthy of protection for the processing which outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.
If our Data Protection Officer is not able to answer your request to your satisfaction, you still have the right to submit a complaint to the data protection supervisory authority. The supervisory authority responsible for you:
Bayerisches Landesamt für Datenschutzaufsicht
91522 Ansbach, Germany
Tel.: +49 981 53 1300
Fax: +49 981 53 98 1300
The provision of personal data is necessary for the establishment, execution and termination of the employment relationship and constitutes a collateral contractual obligation of the employee. If we do not receive the necessary data, it is not possible to implement the employment relationship with you.