Privacy and Cookies Policy
Last Update: May, 2018
1. „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.
2. „Data Subject“
A data subject 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.
4. „Restriction of Processing“
Restriction of processing means the marking of stored personal data with the aim of limiting their processing in the future.
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.
7. „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.
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.
II. Controller and Data Protection Officer
Please address the Controller responsible for your personal data or our Data Protection Officer in case of enquiries regarding the processing of your personal data, for further information, adaption or alteration, restriction, blocking, erasure or destruction as well as for withdrawals of given declarations of consent.
You may contact them by email, telephone, fax, per post and/or by filling in the contact form. The personal data given here will be used for processing your contact approach.
1. Contact Details of the Controller
NEC Deutschland GmbH
Tel: +49 (0) 211 53690
Fax: +49 (0) 211 5369199
2. Contact Details of the Controller’s Data Protection Officer
DP Consultants UG (haftungsbeschränkt)
Tel: +49 (0) 211 / 828946 - 50
III. Processing of Personal Data
By visiting our website our webservers will store information provided by your browser to us by default. This information will be stored in a so called logfile. The following information will be stored in this context:
- IP-Address of the accessing computer
- Date and time of the access
- Name and URL of the accessed file
- website from which our site was accessed (Referrer-URL)
- the browser used and if necessary the operating system of your computer
- access status
- transferred quantity of data
- Language and version of the software used by your browser
Additional personal data will only be collected if agreed to or if you give it to us of your own accord e.g. in the course of a contact request, for a job application or for the execution of a contract or an order.
The personal data you provide will be used for purposes of contacting and/or for the execution of the order.
Your personal data will be erased if and when they are no longer necessary for the initial purposes. Personal data subject to legal storage times are excluded thereof.
Cookies are small data files that are sent from a website to your browser, which may then be stored on your computer hard drive. Cookies allow us to distinguish you from other users of our website and they are used for many things, such as remembering when you've visited a site before and your language preferences. The information we collect by using cookies also permits us to analyze traffic patterns on our site. This can enable us over time to provide users with a better experience on our site by improving the content and making it easier to use.
This may include the browser you used to come to our website, the address or "Uniform Resource Locator" ("URL") of the website that you just visited before visiting our website, which pages on our website you visit, any search terms you entered, which URL you go to next, and your Internet Protocol ("IP") address.
This website uses only the following cookies, which are operating as followed:
Cookies necessary for essential website purposes:
These cookies are necessary to provide you with services available through this website and to use some of its features, such as access to secure areas. Without these cookies, services you have asked for, like transactional pages and secure login accounts, would not be possible. These remain to up to two years.
These cookies are set by NEC and Google Analytics are used to collect information about how visitors use our sites. For further information about Google Analytics please read the relevant clause below.
User Preference Cookies:
These cookies are used to remember a user’s choice about cookies on the website. If you blocked the cookies, even after you pressing the “Accept” button, the cookie message at the top of the website will appear every time you load web pages within the domain.
You may certainly use our website without cookies. Most browsers accept cookies automatically. You may prevent the filing of cookies on your computer by choosing the “no cookies” setting in your browser menu. Detailed information may be gathered from the instructions of your browser provider. Cookies already set on your computer can be deleted at any time. Switching off cookies may restrict your use of the website and/or delay or affect the way in which it operates.
V. Disclosure of your Personal Data
Personal Data will not be disclosed for advertising purposes to third parties.
In the event of disclosure of your personal data to third parties, this is either based on your consent or on one of the legal bases mentioned under cipher VI. or your personal data will be processed on our behalf in accordance with Art. 28 GDPR.
Additional transmission of your personal data occurs within the NEC Group on the basis of legitimate interests within our group of companies, in particular for consistent administration of various business units that are subject to the management of a particular company.
Your personal data may be transmitted to companies within the NEC Group located outside the European Economic Area. In these cases, we ensure compliance with the requirements of the GDPR and ensure that, in addition to the requirements under para. VII also meet the following safety standards:
- We transfer your personal data to third countries, which have an adequate level of protection within the meaning of the according to Art. 45 GDPR due to a decision of the EU Commission.
- If such an adequacy decision of the EU Commission does not exist in the third country to which your personal data are transmitted, we ensure that the transmission takes place on the basis of suitable guarantees pursuant to Art. 46 GDPR.
Personal data shall only be transmitted to government institutions and authorities as part of obligatory national legal provisions.
Our employees are obliged to confidentiality.
VI. Erasure of personal data
Your personal data will only be stored as long as they are needed for the purposes for which they were collected initially. Erasure only takes place, as far as no legal storage obligations are opposed.
VII. Legal Basis for the Processing of Personal Data
The processing of your personal data is based on the regulations of the GDPR.
If we obtain your consent to the processing of personal data, Art. 6 para. 1 lit. a) GDPR serves as legal basis for the processing.
Processing personal data which is required for the performance of a contract to which you are a party, Art. 6 para. 1 lit. b) GDPR serves as legal basis. This also applies for data processing which is required for the execution of precontractual measures, especially during the initiation of a contract and the job application process.
If and when the processing of personal data is required for the compliance of a legal obligation which our company is subject to, Art. 6 para. 1 lit. c) GDPR serves as legal basis.
If the processing is required for the purposes of a legitimate interest of our company or a third party and if your interests, civil rights and basic freedoms are not overridden by the first mentioned interest, Art. 6 para. 1 lit. f) GDPR serves as the legal basis for the processing.
VIII. Job Application Procedure
IX. Automated Individual Decision-Making
Should we use automated individual decision making –included profiling – according to Art. 22 para. 1 and 4 GDPR, you will be informed in advance about the logic as well as the consequences and about the intended effects of such processing on the data subject.
X. Data Subject Rights
In order to assert your data subject rights please address us as the controller or our data protection officer via the contact opportunities mentioned under cipher II..
1. Right of Access
Upon request, we notify you in writing as promptly as possible and according to applicable law if and which of your personal data is stored by us. Should incorrect information have been stored despite our efforts to data integrity and timeliness, we will correct it upon your request.
If you have any questions regarding the processing of your personal data, you may contact the Controller or the Controller’s Data Protection Officer.
2. Right to Obtain a Copy
You have the right to request a free copy of all processed personal data concerning your person. Further copies may be reasonably charged. The right to obtain a copy shall not impair the liberties of other persons. Commercial secrets and intellectual property rights of third persons may bar the right to obtain a copy. Please direct your enquiry to the Controller or the Controller’s Data Protection Officer.
3. Right of Withdrawal, Rectification and Erasure
You have the right to withdraw your consent to the use, processing and disclosure of your personal data at any time with future effect resp. to demand the correction of incorrect personal data or the erasure of your personal data but for any legal obligation to preserve records. Please direct your enquiry to the Controller or the Controller’s Data Protection Officer.
4. Right to Restriction of Processing
Provided that the prevailing statutory provisions are met, you have the right to request the restriction of the processing of your personal data. Please direct your enquiry to the Controller or the Controller’s Data Protection Officer.
5. Right to Data Portability
You have the right to receive the personal data concerning yourself which you disclosed to the Controller in a structured, commonly used and machine-readable format. Exercising the right to data portability, you furthermore have the right to obtain the direct transmittance of the personal data from one Controller to another if this is possible technically and if the rights and freedoms of other persons are not affected hereby. To exercise your right, please direct your enquiry to the Controller or the Controller’s Data Protection Officer.
6. Right to Object
Due to reasons which emerge from your specific situation, you have the right to object to processing of your personal data affected due to Art. 6 para. 1 lit. e) or f) GDPR at any time. This also applies to profiling based on these regulations.
In the case of objection, NEC Deutschland GmbH does no longer process your personal data unless we are able to demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defense of legal claims.
If NEC Deutschland GmbH processes personal data for the purpose of direct advertisement, you have the right to object to the processing of your personal data for such advertising purposes at any time. In case of objection, NEC Deutschland GmbH will no longer process your personal data for these purposes.
In order to exercise your right to object, please address the Controller or the Controller’s Data Protection Officer.
7. Right to Lodge a Complaint with a Supervisory Authority
You shall have the right to lodge a complaint with a supervisory authority, if you consider that the processing of your personal data violates applicable statutory provisions.
We implement technical and organizational security measures to protect your personal data processed by us against manipulation, loss, destruction and the access by unauthorized persons. Our security measures are continuously enhanced according to technological development. Internet- based data transfers may in principle show security gaps, though we cannot guarantee absolute protection. Therefore, you are free to transfer your personal data by alternative means, e.g. telephonically.
XII. Use of Web Beacons
We may also use web beacon technologies to better tailor the site to provide better customer service. A web beacon is a single pixel transparent image that allows a web site to count users who have visited that page or access certain cookies. These web beacons may be placed on specific pages across this website. When a visitor accesses these pages, an anonymous notice of that visit is generated which may be processed by us. These web beacons work in conjunction with cookies. If you don't want to associate your anonymous cookie information with your visits to these pages, depending on the browser used, you can set your browser to turn off cookies.
XIII. Use of Google Analytics with Anonymization Function
We use Google Analytics on our website. This is a web analytics service provided by Google Inc. (hereinafter referred to as “Google”), 1600 Amphitheatre Parkway, Mountain View, CA 94043 USA.
This service stores cookies on your personal computer (cf. “cookies” above). The information generated by the cookie about your use of our website (IP address, time, place, duration, frequency) will be stored. (This information will also be transferred to Google. However, we use an anonymizing function. Within the EU, this guarantees anonymized data collection by masking the last part of your IP address.
Google evaluates the transmitted information, forwards us the evaluation and offers related services. If required by law or if third parties process this data on Google’s behalf, this information may be transmitted to third parties.
Furthermore, you can prevent Google’s collection and use of the data generated by the cookie about your use of our website by downloading and installing the deactivation browser plug-in available under https://tools.google.com/dlpage/gaoptout?hl=en.
XIV. Use of Google Tag Manager
XV. Social Media Plugins
Our website uses social plugins ("plugins") by Facebook and Google. They connect to the respective provider. Sometimes only data about the browser behavior may be transmitted. However, if you are actively using plugins (for example, as part of your Facebook profile), this information will also be transmitted. Below you can find out about the plugins we use:
1. Facebook Plugin
If you as a Facebook member do not want Facebook to collect data about you via our website, you must log out of Facebook before visiting our website.
2. Google Plugin
Our website uses social plugins by the social network plus.google.com operated by Google. The plugins are marked with a "+1" sign on a white or colored background or the addition "Google Social Plugin". If you visit a page of our website that contains such a plugin, your browser connects directly to Google's servers. The content of the plugin is transmitted by Google directly to your browser and incorporated into the website. By integrating the plugins Google receives the information that you have accessed the corresponding page of our website. For this purpose, the Internet address of the visited website (including your IP address) is transmitted to a Google server and stored there. Personal identification is also generally not available to Google based on the dynamic IP address typically associated with browsing from your access provider. According to Google publications, these data are not processed further, are not passed on to third parties and anonymized after nine months, so that no personal reference is possible. This does not apply if you are simultaneously logged in to Google Plus when visiting our website. Then Google can assign the visit to your Google Plus account. In the event that you interact with the plugins, for example, press the "+1" button or leave a comment, the information is transmitted from your browser directly to Google and stored there. For information on the purpose and scope of the data collection and the further processing and use of the data by Google as well as your rights and settings options for the protection of your privacy, please refer to Google's general privacy policies (https://policies.google.com/privacy).
If you, as a Google user, do not want Google to collect data about you through our website, you must log out of Google Plus before visiting our website.
XVII. Correctness and Validity