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privacy policy

1. GENERAL

This Privacy Policy provides you, in accordance with Article 13 GDPR (EU General Data Protection Regulation), with information on the processing of personal data by MATERIA Design GmbH (hereinafter: „we“, „us“) when you visit our website, contact us or have a contractual relationship with us. As a rule we process data that you provide only for those purposes for which we have collected such data. We will process your data for other purposes only where there is another legal basis for the processing, in particular when we transfer data to third parties.

2. Data controller

Contact data of the data controller:

Materia Design GmbH

Saarbrücker Straße 24

10405 Berlin

Telefon: +49 (0)30 – 3117 3745

E-Mail: contact at materiadesign dot de

For the joint controllership of MATERIA production GmbH and KARAKTER Bolle Mannewitz GbR see section 11.

3. When you visit our website

You can visit our website without registering or providing any personal information. Our website does not use cookies.

3.1 log files

Whenever you access our website, we collect the following information: IP address, information on your browser software and operating system, the contents you access, as well as date and time. This data will be stored for a maximum period of seven days. After that the IP address will be made anonymous so that the information can no longer be associated with an individual connection to the Internet. The processing of personal data is based on our legitimate interests in the prevention and prosecution of unauthorized use and in analyzing the use of the website in order to improve and optimize the information we provide. The legal basis is Article 6(1)(f) GDPR.

3.2 when you contact us

When you contact us via email or by using the contact form, we will process the personal data you provide, including the subject-matter of your request in order to handle your request. The legal basis of the processing is Article 6(1)(b) GDPR (taking steps prior to entering into a contract).

4. conclusion and performance of contracts

4.1 suppliers and service providers

When we assign you as an external supplier, vendor or service provider, we will process the data that you provide to us in the context of the contractual relationship. The purpose of the processing is the performance of and payment for orders. This includes in particular the following data: company, address, tax numbers, company register numbers; salutation, full name of contact persons; their contact data such as phone numbers, fax number, email address; subject-matter of the contract or individual order; payment data. The legal basis is Article 6(1)(b) GDPR (performance of a contract).

4.2 potenial clients and clients

When you ask for information material or request a project bid or send us any other request, we will process the data that you provide to us to handle your request. This includes in particular the following data: company, address; salutation, full name of our contact person; his/her contact data such as phone numbers, fax number, email address; subject-matter of the request. We will process your data to handle your request, e.g. to send you an offer. The legal basis of the processing is Article 6(1)(b) GDPR (taking steps prior to entering into a contract). When a contract is made relating to the services we offer, we process the data that you provide to us in the context of the contractual relationship. This includes in particular the following data: company, address, tax numbers, company register numbers; salutation, full name of contact persons; their contact data such as phone numbers, fax number, email address; subject-matter of the contract or individual order; payment data. The legal basis is Article 6(1)(b) GDPR (performance of a contract).

4.3 applicants and employees

When you apply for a job with us, we will collect the data that you provide to us to review your application and to carry out our vetting procedure. This includes in particular the following data: salutation, name, address, phone number, email address; documents submitted as part of the application or later, such as a CV and certificates; payment data for the reimbursement of travel expenses (if any). The legal basis is Section 26(1), clause 1 of the German Federal Data Protection Act (data processing for employment-related purposes where necessary for the decision on hiring). The processing is necessary for handling your job application. Without processing this data we cannot consider your application. Where an employment contract or training relationship exists or you are in any other way an employee as defined in Section 26(8) of the German Federal Data Protection Act, we process the data that you provide to us if this is necessary for the performance or termination of the employment contract or to exercise or satisfy rights and obligations of employees’ representation. The legal basis is Section 26(1), clause 1 of the German Federal Data Protection Act (employment-related purposes).

5. pursuit of legitimate interests

5.1 General

Where this is necessary, we will process your data beyond the performance of a contract as stated in section 3 also for the pursuit of legitimate interests. Such legitimate interests include: customer relations management; analysis of needs; development and optimization of our services; establishment, exercise or defense of legal claims; ensuring the safety of our operations; direct marketing.

5.2 applicants an employees

Where this is necessary, we will process your data also for the prevention and investigation of criminal acts; the legal basis is Section 26(1), clause 2 of the German Federal Data Protection Act. In addition to that we process your data, where necessary, for the pursuit of legitimate interests. The legal basis is Article 6(1)(f) GDPR (pursuit of legitimate interests). Our legitimate interests include in particular the establishment, exercise or defense of legal claims.

5.3 direct marketing

Without your explicit consent we will process your data to send you commercial communication by mail only. We will process your data for commercial communication by phone, fax or email only with your explicit consent. An exception is made in the event that we have collected your email address in the context of a contract on the provision of services. In this case, we may send you commercial emails for similar services unless you object to this; we will point out the fact that you may object whenever we send commercial emails. The legal basis is Section 7(3) of the German Unfair Competition Act. If you register for an email newsletter, we will process your name and email address for sending the newsletter. You may withdraw your consent at any time.

6. compliance with legal obligations

We also process your data if this necessary for compliance with a legal obligation to which we are subject. This applies in particular when we store your data beyond the term of a contract due to legal obligations to retain data under commercial law or tax law and when we provide information to courts and authorities, e.g. the tax office. The legal basis is Article 6(1)(c) GDPR (compliance with a legal obligation).

7. Recipients of personal data

Where this is necessary for one of the abovementioned purposes, we will transfer your data to third parties.

7. 1 clients

In the context of the performance of the contract we will transfer your data to third parties to the extent that this is necessary to perform our own contractual duties, as well as to the extent that this necessary for the performance of your contractual obligations, in particular to payment service providers. What is necessary is determined by the specific subject-matter of the relevant contract.

7. 2 Applicants

Unless you have given your consent, we will transfer your data to third parties only where one of the following applies:

  • to the extent that this is necessary for hiring decisions, in particular making inquiries with employers, training organizations and persons that you have named as references; in this case the legal basis is Section 26(1), clause 1 of the German Federal Data Protection Act;
  • to the extent that this is necessary for the pursuit of legitimate interests; our legitimate interests include in particular the establishment, exercise or defense of legal claims; in this case the legal basis is Article 6(1)(f) GDPR.

8. Processors

We employ service providers which process personal data on our behalf and limited to our instructions (processors according to Article 28 GDPR).
Your data will be processed in the EU only, i.e. in the area of application of the GDPR. All service providers that we employ are based in Germany.

Our processors are:

  • Hetzner Online GmbH, Industriestr. 25, 91710 Gunzenhausen, Germany (website hosting)
  • Atlassian B.V.
    c/o Atlassian, Inc.
    350 Bush Street, Floor 13
    San Francisco, CA 94104
    E-Mail: eudatarep@atlassian.com

9. consent

We will process your data for purposes for which none of the abovementioned legal bases applies only with your consent. Where personal data is processed based on your consent, you may, pursuant to Article 7(3) GDPR, withdraw your consent at any time with effect for the future.

10. Period for which personal data stored

10.1 general

We store personal data only as long as it is necessary for the relevant purpose.

10.2 legal obligations to retain data

To the extent that there are legal obligations to retain data, in particular in accordance with commercial law and tax law, the relevant personal data will be stored for the term of such obligation to retain data. After this term has expired we will consider if the processing is still necessary. If it is not necessary any more, the data will be erased. The obligation to retain data has a term of six years (for business correspondence and other documents) or ten years (for accounting records and invoices). Where we store data for the pursuit of legitimate interests by establishing, exercising or defending legal claims, the period of storage is determined by the statute of limitation. The regular statute of limitation according to Sections 195 et seq. of the German Civil Code is three years from the end of the year in which the claim arose and the obligee obtained knowledge of the circumstances giving rise to the claim. The statute of limitation may be longer in special cases. If a license agreement is concerned, we will store the documents necessary to provide evidence of our rights for the term of that license plus the statute of limitation.

10.3 applicants´documents

We will store your data as long as it is necessary to handle your application. This does not apply to data which we may not yet erase due to statutory obligations. We will store your data for the exercise or defense of legal claims for a maximum period of 6 months after the selective procedure was completed. Where appropriate we may ask you if we may keep the documents that you have submitted as part of your application for future hiring. We will keep your documents only if you give us your explicit consent. You may withdraw your consent at any time.

11. joint controllership

With regard to the processing of the names and contact data of suppliers, service providers and freelancers (collectively “contractual partners”), MATERIA Design GmbH and KARAKTER Bolle Mannewitz GbR are joint controllers within the meaning of Article 26 GDPR. The contact data of KARAKTER Bolle Mannewitz GbR are the same as stated for MATERIA Design GmbH in section 2.

The essense of the arrangement on joint controllership made according to Section 26 GDRP is the following:

The subject-matter of the processing is the contractual partners’ master data. KARAKTER Bolle Mannewitz GbR processes the personal data with its own technical means, which it provides to MATERIA Design GmbH for this purpose for the pursuit of its legitimate interests. KARAKTER Bolle Mannewitz GbR makes the personal data available also for transfer to third parties for the pursuit of their legitimate interests, in particular to affiliate companies of KARAKTER Bolle Mannewitz GbR. It is the legitimate interest of such companies to find appropriate employees, suppliers, service providers and freelancers or buyers or licensees of any works and services provided by any of the aforementioned.

Each controller ensures in its sphere that the processing of personal data is based on a legal basis according to Article 6 GDPR, complies with the obligations of documentation and ensuring data security that it is subject to, and ensures that the assignment of processors complies with the prerequisites contained in Article 28 GDPR. MATERIA Design GmbH fulfils the obligations to inform data subjects by this privacy policy, also in lieu of KARAKTRER Bolle Mannewitz GbR. Where KARAKTER Bolle Mannewitz GbR transfers personal data to third parties, KARAKTER Bolle Mannewitz fulfills such obligations. KARAKTER Bolle Mannewitz has the primary responsibility to comply with obligations to notify and cooperate with the supervisory authority.

Data subjects can contact any of the two controllers to exercise their rights (see sections 12 and 13). Should the other controller be the sole controller, the request will be forwarded to it.

12. your rights as a data subject

Where the respective legal requirements are met, you have the following rights: You have the right to obtain information on what personal data relating to you are stored (Article 15 GDPR). You have the right to request the rectification of inaccurate data (Article 16 GDPR). You have the right to request the erasure (Article 17) or the restriction of processing (Article 18 GDPR) of data which is no longer necessary. Where there is a legal obligation to retain data, e.g. for business correspondence according to commercial law and tax law, or another statutory exception, data will not be erased, but the processing will be restricted. You have the right to data portability (Article 20 GDPR), i.e. the right to receive the data you have provided to us in a structured, commonly used and machine-readable format and to transmit this data to another controller without hindrance from us; this may include the right to have such data transmitted directly to another controller where technically feasible. If you consider that the processing of your data infringes data protection laws, you have the right to lodge a complaint with a supervisory authority (Article 77 GDPR). The supervisory authority with local jurisdiction for us is: Die Berliner Beauftragte für Datenschutz und Informationsfreiheit, Friedrichstr. 219, 10969 Berlin, www.datenschutz-berlin.de.

13. right to object

  • You may at any time object to the processing of your data for direct marketing purposes according to Article 21(2) GDPR.
  • You may at any time object to the processing of your data for the pursuit of legitimate interests on grounds relating to your particular situation according to Article 21(1) GDPR. Unless one of the statutory exemptions applies, we will no longer process your data for that purpose.

This Privacy Policy provides you, in accordance with Article 13 GDPR (EU General Data Protection Regulation), with information on the processing of personal data by MATERIA Design GmbH (hereinafter: „we“, „us“) when you visit our website, contact us or have a contractual relationship with us. As a rule we process data that you provide only for those purposes for which we have collected such data. We will process your data for other purposes only where there is another legal basis for the processing, in particular when we transfer data to third parties.

This website is provided by Bolle Mannewitz GbR, Saarbrücker Strasse 24, 10405 Berlin, Germany.
VAT-ID-No.: DE342986852

 

All material © Bolle Mannewitz GbR, unless otherwise noted.
MATERIA is a registered european trademark of Bolle Mannewitz GbR.
MATERIA design GmbH is operating under license by Bolle Mannewitz GbR.

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