Last update: 01.04.2022
We are very pleased about your interest in our company. Data protection is extremely important to Samicon Services GmbH. Using the Samicon Services GmbH website is basically possible without providing any personal data. However, if an affected person wishes to use our company’s special services through our website, personal data processing may be required. If the processing of personal data is required and there is no legal basis for such processing, we generally seek the consent of the data subject.
Processing of personal data, such as the name, address, email address or telephone number of a data subject, is always performed in accordance with the General Data Protection Regulation (GDPR) and in accordance with the country-specific data protection provisions applicable to Samicon Services GmbH. Through this privacy statement, our company seeks to inform the public about the nature, scope and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed of their rights under this privacy statement.
As the data processing controller, Samicon Service GmbH has implemented numerous technical and organizational measures to ensure the most complete protection possible for personal data processed via this website. Nevertheless, Internet-based data transmissions can generally have security gaps so that absolute protection cannot be guaranteed. Therefore, every person concerned is free to submit personal data to us in alternative ways, for example by telephone.
The privacy statement by Samicon Services GmbH is based on the terms used by the European directive and regulatory body in the adoption of the General Data Protection Regulation (GDPR). Our privacy statement should be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to explain the terminology used in advance. We use the following terms in this privacy statement, including but not limited to:
a) Personal data
‘Personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
b) Affected person
‘Affected person’ is any identified or identifiable natural person whose personal data is processed by the controller.
‘Processing’ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
d) Restriction of processing
‘Restriction of processing’ means the marking of stored personal data with the aim of limiting their processing in the future.
‘Profiling’ means any form of automated processing of personal data consisting of the use of 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.
‘Pseudonymisation’ means 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 are not attributed to an identified or identifiable natural person.
‘Controller’ means the natural or legal person, public authority, agency or other body which, 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’ means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
‘Recipient’ means a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. 2However, 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; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
j) Third party
‘Third party’ means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorized to process personal data.
‘Consent’ of the data subject means 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.
NAME AND ADDRESS OF THE PERSON RESPONSIBLE FOR PROCESSING
The person responsible within the meaning of the General Data Protection Regulation, other data protection laws in the Member States of the European Union and other data protection provisions is:
Company: Samicon Services GmbH
Managing Director: Saman Amirabdollahian
Court of register: Hamburg
Register Number: HRB 162271
VAT-ID with respect to §27a of the VAT Act: DE 329 637 329
Tel.: +49 (0)40 226 369 070
LINKS TO OTHER WEBSITES AND USE OF SOCIAL MEDIA 'SHARE FUNCTION'
Our websites contain links to external websites. We cannot accept responsibility for the privacy policies or the content of these third-party websites. If you find data protection violating data protection rights or otherwise illegal contents on the linked websites, we ask you to notify us at firstname.lastname@example.org, so that we can remove the relevant link if necessary.
The Social Media ‘share’ feature is implemented on our website solely as a link and not as a plug-in. This feature allows you to share content from our website on the social media channels of Facebook, Instagram and LinkedIn. Any data transmission to the respective social media providers takes place only through the use of the respective button/link.
The Samicon Services GmbH website collects a series of general data and information each time the website is accessed by an affected person or an automated system. This general data and information is stored in the log files of the server. The data that may be recorded includes (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 are accessed via an accessing system on our website, (5) the date and time of access to the website, (6) an Internet Protocol address (IP address), (7) the accessing system’s internet service provider (ISP); 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, Samicon Services GmbH draws no conclusions about the person concerned. Rather, this information is required to (1) properly deliver the contents of our website, (2) to optimise the content of our website and to promote 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 information necessary for law enforcement in the event of a cyber-attack. Samicon Services GmbH therefore evaluates this anonymously collected data and information statistically and with the goal 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 we process. The anonymous data of the server log files are stored separately from all personal data provided by an affected person.
If you do not agree to the activation of cookies for Google-Analytics, you can deactivate the tracking-cookies right here: Google-Analytics Tracking deaktivieren.
ROUTINE DELETION AND BLOCKING OF PERSONAL DATA
Due to statutory provisions, the website of Samicon Services GmbH contains information that enables you to contact our company quickly and to communicate directly with us, which also includes a general address of the so-called electronic mail (email address). If an affected person contacts the person responsible for processing by email or through a contact form, the personal data provided by the data subject will be automatically stored. Such personal data, voluntarily transmitted by an individual to the person responsible for processing, is stored for the purpose of processing or contacting the data subject. This personal data is not disclosed to third parties.
CONTACT VIA THE WEBSITE
The person responsible for processing processes and stores the personal data of the data subject only for the period necessary to achieve the purpose of the storage or as provided for in the law or regulation by the European directive and regulatory body or any other legislator, which the person responsible for processing is subject to.
If the storage purpose does not apply or if a storage period prescribed by the European directive and regulatory body or any other relevant legislator expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions
RIGHTS OF THE DATA SUBJECT
a) Right to confirmation
Every data subject has the right to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed, as granted by the European Directives and Regulations. If a data subject wishes to exercise this right of confirmation, he or she may at any time contact an employee of the controller.
b) Right to access
Every data subject affected by the processing of personal data has the right granted by the European Directives and Regulations to obtain, at any time and free of charge, from the controller, information on personal data relating to him/her and a copy thereof. Furthermore, the European Directive and Regulations have granted the data subject access to the following information:
the purposes of the processing
• the categories of personal data concerned
• the recipients or categories of recipient 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 the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;
• the right to lodge a complaint with a supervisory authority
• where the personal data are not collected from the data subject: any available information as to their source
• the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) 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
The data subject shall also have the right to obtain information as to whether personal data have been transferred to a third country or to an international organization. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.
If a data subject wishes to exercise this right of access, he or she may at any time contact an employee of the controller.
c) Right to rectification
Every data subject affected by the processing of personal data has the right granted by the European Directives and Regulations, to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall also have the right to have incomplete personal data completed, including by means of providing a supplementary statement. If a data subject wishes to exercise this right of confirmation, he or she may at any time contact an employee of the controller.
d) Right to erasure (right to be forgotten)
Every data subject affected by the processing of personal shall have the right granted by the European Directives and Regulations to obtain from the controller the erasure of personal data concerning him or her without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies and where processing is not necessary:
The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
• The data subject withdraws consent on which the processing is based according to point (a) of Article 6(1), or point (a) of Article 9(2) GDPR, and where there is no other legal ground for the processing.
• The data subject objects to the processing pursuant to Article 21(1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) GDPR.
• The personal data have been unlawfully processed;
• The personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
• The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) GDPR.
If one of the above reasons applies and a data subject requests the deletion of personal data held by Samicon Services GmbH, he or she may at any time contact an employee of the data controller to arrange for the erasure of his or her personal data. The employee of the company Samicon Services GmbH will ensure that the request for erasure is complied with immediately.
If the personal data have been disclosed publicly by the company Samicon Services GmbHand if our company is obliged to delete the personal data in accordance with article 17 paragraph 1 GDPR, Samicon Services GmbH shall take reasonable measures, including technical ones, taking into account the available technology and the implementation costs, to inform other data controllers who process the disclosed personal data that the data subject has requested that these other data controllers erase all links to these personal data or copies or replications thereof, unless the processing is necessary. The employee of the company Samicon Services GmbH will arrange the necessary in individual cases.
e) Right to restriction of processing
Every data subject affected by the processing of personal shall have the right granted by the European Directives and Regulations to obtain from the controller restriction of processing where one of the following 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 and the data subject opposes the erasure of the personal data and requests the restriction of their use instead.
• The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
• The data subject has objected to processing pursuant to Article 21(1) GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
If one of the above conditions applies and a data subject requests the restriction of personal data held by Samicon Services GmbH, he or she may at any time contact an employee of the data controller to this end. The employee of the company Samicon Services GmbH will arrange the restriction of the processing.
f) Right to data portability
Every data subject affected by the processing of personal shall have the right granted by the European Directives and Regulations to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format. And have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where the processing is based on consent pursuant to point (a) of Article 6(1) or point (a) of Article 9(2) or on a contract pursuant to point (b) of Article 6(1) GDPR; and the processing is carried out by automated means. That right shall not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
In exercising his or her right to data portability pursuant to Article 20(1) GDPR, the data subject shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible insofar as this is technically feasible and provided that it does not adversely affect the rights and freedoms of other persons. For the assertion of the right of data transferability the person concerned may contact an employee of Samicon Services GmbH at any time.
g) Right to object
Every data subject affected by the processing of personal shall have the right granted by the European Directives and Regulations to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on point (e) or (f) of Article 6(1) GDPR. This including profiling based on those provisions.
The company Samicon Services GmbH will then no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims.
If the company Samicon Services GmbH processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This includes profiling to the extent that it is related to such direct marketing. Where the data subject objects to processing for direct marketing purposes to the company Samicon Services GmbH, the company Samicon Services GmbH will no longer process those personal data for such purposes.
The data subject, on grounds relating to his or her particular situation, shall have the right to object to the processing of personal data concerning him or her by the company Samicon Services GmbH for scientific or historical purposes pursuant to article 89(1) GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
To exercise the right of objection, the person concerned may directly contact any employee of Samicon Services GmbH or any other employee. In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, the data subject may exercise his or her right to object by automated means using technical specifications.
h) Automated individual decision-making, including profiling
Every data subject affected by the processing of personal shall have the right granted by the European Directives and Regulations not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her, unless the decision (1) is necessary for entering into, or performance of, a contract between the data subject and a data controller; or (2) is authorised 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.
If the decision (1) is necessary for entering into, or performance of, a contract between the data subject and a data controller or (2) based on the data subject’s explicit consent, the company Samicon Services GmbH implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision. If a data subject wishes to exercise this right with regard to automated decisions, he or she may at any time contact an employee of the controller.
I) Right to withdraw a consent in connection with data privacy
Every data subject affected by the processing of personal data has the right granted by the European Directives and Regulations, at all times to withdraw his or her consent to the processing of personal data at any time. If a data subject wishes to exercise this right with regard to withdraw his or her consent, he or she may at any time contact an employee of the controller.
j) Right to lodge a complaint with a competent supervisory authority (appeal body)
If you have complaints, suggestions or questions, please contact our data protection officer at: email@example.com. In the event of violations of data privacy regulations, the person concerned has a right of appeal to a supervisory authority. The competent supervisory authority in data privacy matters is the state data protection officer of the federal state in which our company is based. A list of the data protection officers and their contact details can be found at the following link: https://www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html.
LEGAL BASIS OF THE PROCESSING
Art. 6(I) point a GDPR serves our company as a legal basis for processing operations for 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, such as processing operations necessary for the supply of goods or any other service or consideration, the processing is based on Article 6(I) point b GDPR. The same applies to such processing operations which are necessary for the implementation of pre-contractual measures, for example in cases of enquiries about our products or services. If our company is subject to a legal obligation which makes it necessary to process personal data, for example to fulfil tax obligations, the processing is based on Art. 6(I) point c GDPR. In rare cases, the processing of personal data might be necessary to protect vital interests of the data subject or another natural person. This would be the case, for example, if a visitor to our company were to be injured and his name, age, health insurance details or other vital information had to be passed on to a doctor, hospital or other third party. The processing would be based on Article 6(I) point d GDPR. Finally, processing operations could be based on Article 6(I) point f GDPR. Processing operations that are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to safeguard a legitimate interest of our company or of a third party, unless the interests, fundamental rights and freedoms of the data subject prevail. We are permitted to carry out such processing operations in particular because they have been specifically mentioned by the European legislator. In this respect, the European legislator took the view that a legitimate interest could exist if the data subject is a client of the controller (recital 47 clause 2 GDPR).
LEGITIMATE INTERENSTS IN THE PROCESSING PURSUED BY THE CONTROLLER OR A THIRD-PARTY
If the processing of personal data is based on Article 6(I) point f GDPR, our legitimate interest is to carry out our business activities for the benefit of the well-being of all our employees and our shareholders.
DURATION FOR WHICH THE PERSONAL DATA ARE STORED
The criterion for the duration of storage of personal data is the respective legal retention period. After expiry of this period, the corresponding data is routinely deleted if it is no longer required for the fulfilment or initiation of the contract.
LEGAL OR CONTRACTUAL PROVISIONS PROVIDING THE PERSONAL DATA; NECESSITY FOR THE CONCLUSION OF THE CONTRACT; OBLIGATION OF THE DATA SUBJECT TO PROVIDE THE PERSONAL DATA
We would like to inform you that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual regulations (e.g. details of the contractual partner). Sometimes it may be necessary for a contract to be concluded that a data subject provides us with personal data, which must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with him/her. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject must contact one of our employees. Our employee will inform the person concerned on a case-by-case basis whether the provision of the personal data is required by law or contract or necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and what the consequences would be if the personal data were not provided.