Thank you for your interest in our company. Data protection is of a particularly high priority for the management of Xamine GmbH.
It is generally possible to use the Xamine GmbH website without providing any personal data. However, if a data subject wishes to make use of our company’s special services via our website, it may be necessary to process personal data.
If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the person concerned. The processing of personal data, for example the name, address, email address or telephone number of a person concerned, is always carried out in accordance with the General Data Protection Regulation and in accordance with the country-specific data protection regulations applicable to Xamine GmbH.
By means of this data protection declaration, our company would like to inform the public about the type, scope and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed about their rights by means of this data protection declaration.
As the controller, Xamine GmbH has implemented numerous technical and organizational measures to ensure the most complete data protection possible for the personal data processed via this website. Nevertheless, internet-based data transmissions can generally have security gaps, so that absolute data protection cannot be guaranteed.
For this reason, every person concerned is free to transmit personal data to us in alternative ways, for example by telephone.
1. Definitions – Data Protection
The data protection declaration of Xamine GmbH is based on the terminology used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration 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 data protection declaration:
a) personal data
Personal data is all information that relates to an identified or identifiable natural person (hereinafter “data subject”). A natural person is regarded as identifiable who, directly or indirectly, in particular by means of assignment to an identifier such as a name, an identification number, location data, an online identifier or one or more special features that express the physical, physiological, genetic, psychological, economic, cultural or social identity of this natural person can be identified.
b) data subject
The data subject is any identified or identifiable natural person whose personal data is processed by the person responsible for processing.
Processing is any process carried out with or without the help of automated procedures or any such series of processes in connection with personal data such as the collection, recording, organization, ordering, storage, adaptation or change, reading, querying, use, Disclosure through transmission, dissemination or any other form of provision, comparison or linking, restriction, deletion or destruction.
d) Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of restricting their future processing.
Profiling is any type of automated processing of personal data that consists of using this personal data to evaluate certain personal aspects relating to a natural person, in particular aspects relating to work performance, economic situation, health, personal To analyze or predict the preferences, interests, reliability, behavior, whereabouts or relocation of this natural person.
Pseudonymization is the processing of personal data in a way in which the personal data can no longer be assigned to a specific data subject without the use of additional information, provided that this additional information is stored separately and is subject to technical and organizational measures that ensure that the personal data will not be assigned to an identified or identifiable natural person.
g) Controller or controller
The person responsible or the person responsible for the processing is the natural or legal person, authority, institution or other body that alone or jointly with others decides on the purposes and means of processing personal data. If the purposes and means of this processing are specified by Union law or the law of the member states, the person responsible or the specific criteria for his appointment can be provided for in accordance with Union law or the law of the member states.
Processor is a natural or legal person, authority, institution or other body that processes personal data on behalf of the person responsible.
Recipient is a natural or legal person, authority, institution or other body to which personal data is disclosed, regardless of whether it is a third party or not. However, authorities that may receive personal data as part of a specific investigation under Union law or the law of the member states are not considered recipients.
j) Third party
A third party is a natural or legal person, public authority, agency or body other than the data subject, the person responsible, the processor and the persons who are authorized to process the personal data under the direct responsibility of the person responsible or the processor.
Consent is any declaration of intent voluntarily given by the data subject in an informed manner and unequivocally in the form of a declaration or other unequivocal affirmative action with which the data subject indicates that they consent to the processing of their personal data is.
2. 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 applicable in the member states of the European Union and other provisions of a data protection nature is:
Tel .: +49 89 1250 1460
4. Collection of general data and information
The Xamine GmbH website collects a range of general data and information each time the website is accessed by a data subject or an automated system options. These general data and information are stored in the server’s log files. The (1) browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrer), (4) the sub-websites that are accessed via an accessing system on our website can be controlled, (5) the date and time of access to the website, (6) an internet protocol address (IP address), (7) the internet service provider of the accessing system and (8) other similar data and information that serve to avert danger in the event of attacks on our information technology systems. When using these general data and information, Xamine GmbH does not draw any conclusions about the person concerned. Rather, this information is required to (1) correctly deliver the content of our website, (2) optimize the content of our website and the advertising for it, (3) ensure the long-term functionality 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. This anonymously collected data and information is therefore evaluated statistically by Xamine GmbH on the one hand and with the aim of increasing data protection and data security in our company in order to ultimately ensure an optimal level of data protection for the personal data processed by us. The anonymous data in the server log files are stored separately from all personal data provided by a data subject.
5. Registration on our website
The data subject has the option of registering on the website of the controller by providing personal data. Which personal data is transmitted to the person responsible for the processing results from the respective input mask that is used for the registration. The personal data entered by the data subject are collected and stored exclusively for internal use by the person responsible for processing and for their own purposes. The person responsible for processing can arrange for the data to be passed on to one or more processors, for example a parcel service provider, who also uses the personal data exclusively for internal use attributable to the person responsible for processing. By registering on the website of the person responsible for processing, the IP address assigned by the Internet service provider (ISP) to the person concerned, the date and time of registration are also saved. This data is stored against the background that this is the only way to prevent misuse of our services and, if necessary, to enable criminal offenses to be investigated. In this respect, the storage of this data is necessary to protect the person responsible for processing. A transfer of this data to third parties does not take place unless there is a legal obligation to transfer or the transfer is used for criminal prosecution. The registration of the data subject with the voluntary provision of personal data enables the data controller to offer the data subject content or services that, due to the nature of the matter, can only be offered to registered users. Registered persons are free to change the personal data provided during registration at any time or to have them completely deleted from the database of the person responsible for processing. The person responsible for the processing will provide any person concerned with information about which personal data is stored about the person concerned at any time upon request. Furthermore, the person responsible for processing corrects or deletes personal data at the request or advice of the person concerned, provided that there are no statutory retention requirements. A data protection officer named in this data protection declaration and the entirety of the employees of the person responsible for processing are available to the person concerned as contact persons in this context.
6. Contact options via the website
Due to legal regulations, the Xamine GmbH website contains information that enables quick electronic contact to our company and direct communication with us, which is also a general address of the so-called elektronic mail (email address) includes. If a data subject contacts the person responsible for processing by email or a contact form, the personal data transmitted by the data subject will be automatically saved. Such personal data transmitted on a voluntary basis by a data subject to the person responsible for processing are stored for the purposes of processing or contacting the data subject. This personal data is not passed on to third parties.
7. Routine deletion and blocking of personal data
The person responsible for the processing processes and stores personal data of the data subject only for the period of time that is necessary to achieve the storage purpose or if this is specified by the European directives and regulations or another legislator in laws or regulations, which the person responsible for the processing is subject to, was provided. If the purpose of storage no longer applies or if a storage period prescribed by the European directives and ordinances or another responsible legislator expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.
8. Rights of the data subject
a) Right to confirmation
Every person concerned has the right granted by the European directive and regulation giver to request confirmation from the person responsible for the processing as to whether personal data concerning them are being processed. If a person concerned wishes to exercise this right to confirmation, they can contact our data protection officer or another employee of the person responsible for processing at any time.
b) Right to information
Every person affected by the processing of personal data has the right granted by the European directive and regulation giver to receive free information about the personal data stored about him and a copy of this information from the person responsible for the processing at any time. Furthermore, the European directives and regulations grant the data subject access to the following information:
the processing purposes
the categories of personal data that are processed
The recipients or categories of recipients to whom the personal data have been disclosed or are still being disclosed, in particular to recipients in third countries or to international organizations
if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration
the existence of a right to correction or deletion of the personal data concerning you or to restriction of processing by the person responsible or a right to object to this processing
the existence of a right to lodge a complaint with a supervisory authority
if the personal data are not collected from the data subject: All available information on the origin of the data
the existence of automated decision-making including profiling in accordance with Article 22 (1) and (4) GDPR and – at least in these cases – meaningful information about the logic involved and the scope and intended effects of such processing for the data subject
Furthermore, the data subject has a right to information as to whether personal data has been transmitted to a third country or to an international organization. If this is the case, the data subject has the right to receive information about the appropriate guarantees in connection with the transmission. If a data subject wishes to make use of this right to information, they can contact our data protection officer or another employee of the person responsible for processing at any time.
c) Right to rectification
Every person affected by the processing of personal data has the right granted by the European directives and regulations to request the immediate correction of incorrect personal data concerning them. Furthermore, the data subject has the right, taking into account the purposes of the processing, to request the completion of incomplete personal data – including by means of a supplementary declaration. If a data subject wishes to exercise this right to rectification, they can contact our data protection officer or another employee of the person responsible for processing at any time.
d) Right to erasure (right to be forgotten)
Anyone affected by the processing of personal data has the right granted by the European directive and regulation giver to require the person responsible to delete the personal data concerning them immediately, provided that one of the following reasons applies and insofar as the processing is not necessary:
The personal data were collected or otherwise processed for purposes for which they are no longer necessary.
The data subject revokes their consent, on which the processing was based in accordance with Article 6 (1) (a) GDPR or Article 9 (2) (a) GDPR, and there is no other legal basis for the processing.
The data subject objects to the processing in accordance with Art. 21 Paragraph 1 GDPR, and there are no overriding legitimate reasons for the processing, or the data subject objects in accordance with Art. 21 Paragraph 2 GDPR to the Processing a.
The personal data was processed unlawfully.
The deletion of personal data is necessary to fulfill a legal obligation under Union law or the law of the member states to which the person responsible is subject.
The personal data was collected in relation to the information society services offered in accordance with Article 8 (1) GDPR.
If one of the above-mentioned reasons applies and a person concerned would like to have personal data stored at Xamine GmbH deleted, they can contact our data protection officer or another employee of the person responsible for processing at any time. The data protection officer of Xamine GmbH or another employee will arrange for the deletion request to be complied with immediately. If the personal data has been made public by Xamine GmbH and our company, as the person responsible, is obliged to delete the personal data in accordance with Art. 17 Paragraph 1 GDPR, Xamine GmbH will take appropriate measures, taking into account the available technology and the implementation costs of a technical nature, in order to inform other data processors who process the published personal data that the data subject has requested the deletion of all links to this personal data or of copies or replications of this personal data from these other data processors has requested, insofar as the processing is not necessary. The data protection officer of Xamine GmbH or another employee will arrange the necessary in individual cases.
e) Right to restriction of processing
Every person affected by the processing of personal data has the right granted by the European legislator of directives and regulations to demand that the controller restrict the processing if one of the following conditions is met:
The correctness of the personal data is contested by the data subject for a period that enables the person responsible to check the correctness of the personal data.
The processing is unlawful, the person concerned refuses to delete the personal data and instead requests that the use of the personal data be restricted.
The person responsible no longer needs the personal data for the purposes of processing, but the data subject needs them to assert, exercise or defend legal claims.
The person concerned has lodged an objection to the processing in accordance with Art. 21 Paragraph 1 GDPR and it has not yet been determined whether the legitimate reasons of the person responsible outweigh those of the person concerned.
If one of the above conditions is met and a person concerned wishes to request the restriction of personal data stored at Xamine GmbH, they can contact our data protection officer or another employee of the person responsible for processing at any time. The data protection officer of Xamine GmbH or another employee will arrange for the processing to be restricted.
f) Right to data portability
Every person affected by the processing of personal data has the right granted by the European directive and regulation giver to receive the personal data concerning them, which have been provided by the person concerned to a person responsible, in a structured, common and machine-readable format. You also have the right to transfer this data to another person responsible without hindrance from the person responsible to whom the personal data was provided, provided that the processing is based on the consent in accordance with Art. 6 Paragraph 1 Letter a GDPR or Art. 9 Para. 2 Letter a GDPR or on a contract pursuant to Art. 6 Para. 1 Letter b GDPR and the processing is carried out using automated procedures, provided that the processing is not necessary for the performance of a task, which is in the public interest or takes place in the exercise of public authority which has been assigned to the person responsible. Furthermore, when exercising their right to data portability in accordance with Art. 20 (1) GDPR, the data subject has the right to have the personal data transmitted directly from one person responsible to another, insofar as this is technically feasible and if this does not affect the rights and freedoms of other persons. To assert the right to data portability, the person concerned can contact the data protection officer appointed by Xamine GmbH or another employee at any time.
g) Right to object
Every person affected by the processing of personal data has the right granted by the European legislator of directives and regulations, for reasons arising from their particular situation, to object at any time to the processing of personal data relating to them, which is based on Art. 6 Para. 1 Letter e or f DS-GVO takes place to object. This also applies to profiling based on these provisions. In the event of an objection, Xamine GmbH will no longer process the personal data, unless we can prove compelling reasons for processing that are worthy of data protection and which outweigh the interests, rights and freedoms of the data subject, or the processing is for the purpose of assertion, exercise or defense of legal claims. If Xamine GmbH processes personal data in order to operate direct mail, the person concerned has the right to object at any time to the processing of personal data for the purpose of such advertising. This also applies to profiling insofar as it is associated with such direct advertising. If the data subject objects to Xamine GmbH processing for direct marketing purposes, Xamine GmbH will no longer process the personal data for these purposes. In addition, the data subject has the right, for reasons arising from their particular situation, to object to the processing of personal data concerning them that is carried out by Xamine GmbH for scientific or historical research purposes or for statistical purposes in accordance with Art. 89 Para. 1 DS- GMOs, to object, unless such processing is necessary to fulfill a task in the public interest. To exercise the right to object, the person concerned can contact the data protection officer of Xamine GmbH or another employee directly. The data subject is also free, in connection with the use of information society services, regardless of Directive 2002/58 / EC, to exercise their right of objection by means of automated procedures in which technical specifications are used.
h) Automated decisions in individual cases including profiling
Any person affected by the processing of personal data has the right granted by the European legislator of directives and regulations not to be subjected to a decision based solely on automated processing – including profiling – which has legal effects on them or similarly significantly affects them, if the decision (1) is not necessary for the conclusion or performance of a contract between the data subject and the person responsible, or (2) is permissible on the basis of Union or Member State law to which the person responsible is subject and these legal provisions take appropriate measures to safeguard the rights and freedoms as well as the legitimate interests of the data subject or (3) is made with the express consent of the data subject. If the decision (1) is necessary for the conclusion or fulfillment of a contract between the data subject and the person responsible or (2) it is made with the express consent of the data subject, Xamine GmbH takes appropriate measures to safeguard the rights and freedoms as well as the legitimate To protect the interests of the data subject, including at least the right to obtain intervention by a person on the part of the person responsible, to express their own point of view and to contest the decision. If the person concerned wishes to assert rights with regard to automated decisions, they can contact our data protection officer or another employee of the person responsible for processing at any time.
i) Right to withdraw consent under data protection law
Every person affected by the processing of personal data has the right granted by the European legislator of directives and regulations to revoke their consent to the processing of personal data at any time. If the person concerned wishes to assert their right to withdraw consent, they can contact our data protection officer or another employee of the person responsible for processing at any time.
9. Legal basis for processing
Art. 6 I lit. a GDPR serves our company as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary to fulfill a contract to which the data subject is a party, as is the case, for example, with processing operations that are necessary for the delivery of goods or the provision of other services or consideration, the processing is based on Art. 6 I lit. b GDPR. The same applies to processing operations that are necessary to carry out pre-contractual measures, for example in cases of inquiries about our products or services. If our company is subject to a legal obligation which requires the processing of personal data, for example to fulfill tax obligations, the processing is based on Art. 6 I lit. c GDPR. In rare cases, it may be necessary to process personal data in order to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor to our company were injured and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6 I lit. d GDPR. Ultimately, processing operations could be based on Art. 6 I lit. 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 a third party, provided that the interests, fundamental rights and freedoms of the person concerned do not prevail. We are particularly permitted to carry out such processing operations because they have been specifically mentioned by the European legislator. In this respect, he took the view that a legitimate interest could be assumed if the person concerned is a customer of the person responsible (recital 47 sentence 2 GDPR).
10. Legitimate interests in processing that are being pursued by the controller or a third party
If the processing of personal data is based on Article 6 I lit.f GDPR, our legitimate interest is the conduct of our business activities for the benefit of all our employees and our shareholders.
11. Duration for which the personal data will be stored
The criterion for the duration of the storage of personal data is the respective statutory retention period. After the period has expired, the relevant data is routinely deleted, provided that it is no longer required for contract fulfillment or contract initiation.
12. Legal or contractual provisions for the provision of personal data; Necessity for the conclusion of the contract; Obligation of the data subject to provide the personal data; possible consequences of non-provision
We explain to you that the provision of personal data is in part required by law (e.g. tax regulations) or can also result from contractual regulations (e.g. information on the contractual partner). In order to conclude a contract, it may sometimes be necessary for a data subject to provide us with personal data that we subsequently have to process. For example, the data subject is obliged to provide us with personal data when our company concludes a contract with them. Failure to provide personal data would mean that the contract could not be concluded with the person concerned. Before the person concerned provides personal data, the person concerned must contact our data protection officer. Our data protection officer will inform the data subject on a case-by-case basis whether the provision of personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and what consequences the failure to provide this personal data.
13. Existence of automated decision-making
As a responsible company, we do not use automatic decision-making or profiling.
This data protection declaration was generated by the data protection declaration generator of the German Society for Data Protection in cooperation with RC GmbH and the specialist of the WILDE BEUGER SOLMECKE | Lawyers