last-update-icon Last update: 13/04/2021

Data protection

The sections below inform you how KÜTTNER MARTIN Technology GmbH (KMT) processes your personal data. In addition to general information, this data protection statement in particular contains specific information on how your personal data is processed within the context of our online presence or a potential application process. Please click the following link for the data protection information applying to and taking precedence for our online recruitment portal: https://martingmbh.softgarden.io/en/data-security.

Table of Contents

General Information about the processing of your personal data

Scope of the Privacy Policy

Your contact persons in all matters of data protection

What rights do I have due to the processing?

Changes to the Data Protection Policy

Further information about the processing of your personal data in the specific case

For what purposes is my personal data processed?

On what legal basis is the processing of my personal data based?

Which legitimate interests are claimed for the processing of my personal data?

Who has access to my data? Will my data be transmitted to a country outside the European Union / the European Economic Area?

How long will my personal data be stored?

 

In order to comply with the requirements of data protection, we would like to inform you about the processing of your personal data by KÜTTNER MARTIN Technology GmbH (KMT). In addition to general information, this Privacy Policy contains in particular special instructions regarding the processing of your personal data in the context of our online offer or a possible application process

 

General Information about the processing of your personal data

Scope of the Privacy Policy
This privacy policy informs you about the nature, scope and purpose of the processing of your personal data by KMT. The information in this Privacy Policy applies to all processing of your personal information by KMT.
In particular, we would like to provide you with information about the processing of your personal data for general purposes as well as information about processing in special processing situations. Special processing situations in which we process your personal data include both the processing of your personal data for the purpose of the application process and the use of our online offer and the related websites, functions and content (hereinafter jointly referred to as "online offer" or "website ").
This data protection statement applies independently of the domains, systems, platforms and equipment (e.g. desktop or mobile devices) used to provide and access the online presence.

Your contact persons in all matters of data protection

Who is responsible for my personal data?
Within the scope of this privacy statement, KMT (hereinafter referred to as "we" or "us") decides on the purposes and means of processing your personal data and is therefore responsible for your personal data in the sense of data protection law.
If you have further questions, we are happy to assist you:
KÜTTNER MARTIN Technology GmbH
Leopoldstraße 246
80807 Munich
Germany
Tel.: +49 89 2620 40 500
Email: mail@kuettner-martin.de

Who is my contact person for specific questions regarding the protection of my personal data?
Our Data Privacy Officer Tim Faulhaber will assist you in all matters relating to privacy.
datenschutz@kuettner-martin.de

What rights do I have due to the processing?
Due to the processing of your data, you are entitled to the following rights pursuant to Art. 15 et seq. GDPR:

The right of access
You can request information about whether we process personal data from you. If this is the case, you have a right to be informed about this personal data as well as to other processing-related information (Art. 15 GDPR). Please note that in certain cases this right to information may be restricted or excluded.

The right to rectification
In the event that personal data about you are no longer accurate or incomplete, you may request a correction and, if necessary, completion of these data (Art. 16 GDPR).

The right to erasure („right to be forgotten") / The right to restriction
If the legal requirements are met, you can demand the deletion of your personal data (Art. 17 DS-GVO) or the restriction of the processing of these data (Art. 18 DS-GVO).
The right to be forgotten under Article 17 (1) and (2) of the GDPR does not exist, inter alia, if the processing of personal data is necessary to perform a task which is in the public interest or in the exercise of official authority (Art 17 (3) (b) GDPR).

The right to object
For reasons that arise from your particular situation, you can also object to the processing of personal data at any time (Art. 21 DS-GVO). If the legal requirements are met, we will no longer process your personal data in the following.

The right to withdraw your consent
You have the right to withdraw your consent at any time. The revocation works only for the future. This means that the revocation does not affect the legality of the processing carried out on the basis of the consent until the revocation.

The right to lodge a complaint with a supervisory authority
You have the right to complain to a supervisory authority about the processing of your personal data. In principle, you can address your complaint to any supervisory authority, but we recommend that you contact the following (competent) supervisory authority:

Bayerisches Landesamt für Datenschutzaufsicht (BayLDA)
+49 (0) 981 180093-0
poststelle@lda.bayern.de
Post office box 606
91511 Ansbach
Germany

Changes to the Data Protection Policy
We reserve the right to update this data protection statement to reflect changes in law or changes to the online presence and the data processing policy. However, this applies only to statements pertaining our data processing policy. If your consent is required or parts of the data protection statement contain provisions pertaining to the contractual relationship with you, changes will only be made with your approval.
We ask you to check the contents of this data protection statement on a regular basis.

Further information about the processing of your personal data in the specific case

In the following, we would like to inform you about the processing of your personal data in particular.

For what purposes is my personal data processed?
Basically, we only process your personal data as far as necessary. In the following we would like to inform you about general as well as special processing purposes.

General processing purposes

What are general processing purposes and why is my personal data processed for these purposes?
We process your personal data in order to ensure comprehensive customer care.
The satisfaction of our customers is a central concern to us. To improve our services, we cooperate with independent market research institutes. The independent market research institute carries out individual customer surveys on our behalf and provides us with the results of the survey. The results of this survey enable us to further improve and strengthen our customer relationships. The independent market research institute will only provide us with the answers in summarized form. That means that your participation is absolutely anonymous, a direct assignment of the survey result to the respective customer is excluded. For this purpose, it is necessary that we transmit the contact details of our customers to the market research institute.
We process your personal data for the initiation and execution of our specific contractual relationships. In these cases, the concrete purpose of the processing results from the respective service relationship.
Processing based on legitimate interests is only considered in those cases where our legitimate interests prevail. In detail, the processing of your personal data may be necessary for reasons of administration or for the protection of our publicly accessible rooms, for example through video surveillance.
It may be necessary for us to process your personal information based on legal requirements. Such an obligation may arise, for example, from the obligation of proper accounting.

Which of my data will be processed in these cases?
In this context, we must, in particular, process your following personal information:

Special processing purposes in connection with the establishment of contact and the application process
The processing of your personal data may also be required for further purposes. In the present case, your personal data will be processed further in the following situations:

In the following we would like to explain to you why the processing of your personal data is necessary in these cases

For the purpose of electronic contact
When we are contacted by email, the information provided by you will be used to process and handle the contact query.
The information provided by you can be stored in our customer relationship management (CRM) system or in a comparable form and is subject to a legal retention period of 6 years, in the case of business letters, or 10 years, in the case of matters pertaining to tax law.

For the purpose of an application process
We process your applicant data only for the purpose of and in connection with the recruitment process and in compliance with the applicable legal requirements. Your applicant data is processed to fulfil our contractual obligations and on the basis of our legitimate interests as well as to fulfil your interest in a quick and effective recruitment process.
A pre-requisite for the recruitment process is that you provide your data to us. Our job advertisement specifies the data you need to provide. This includes personal data, postal and contact addresses as well as the documents pertaining to the application such as the cover letter, curriculum vitae and references. You can provide additional information to us on your own accord. By sending the application to us, you consent to your data being processed for the purposes of the recruitment process and in the manner and to the extent described in this Data Protection Policy.

Will my applicant data be shared with third parties?
In principle, we do not disclose applicant data. However, it is possible that external service providers or other companies that are part of our company assist us with the recruitment process. The service providers may process your applicant data for this purpose. The service providers will process your applicant data only on our behalf and on the basis of contractual obligations that provide for compliance with the agreed organizational and technical measures.
Your applicant data may also be disclosed if the same position has been expressly advertised by several companies within our group of companies, i.e. if the recruitment process is carried out by several companies.
In all other cases we will ask you for your permission before disclosing your data.

How can I submit my applicant data?
You may send us your applications by email. However, it should be noted that emails are not sent encrypted. For this reason, we cannot assume any responsibility for the transmission of the application between you and our server and therefore recommend that you send the application by postal mail if you should have any concerns.

How long will my applicant data be stored?
The data provided by successful applicants can be further processed by us for the purposes of employment.
The data of unsuccessful applicants will be deleted. Applicant data will also be deleted if an application is withdrawn. You are entitled to do so at any time.
The data will be deleted, unless applicants withdraw their consent for legitimate reasons, after a period of six months so that we will be able to answer any questions that may arise following the application, and to meet our obligation to provide evidence under the General Non-Discrimination Act (Allgemeines Gleichbehandlungsgesetz, AGG).

For the purpose of our online offer
In the following, we would like to inform you about the processing of your personal data in connection with our online offer.
The use of our online offer is usually associated with the processing of your personal data, such as your IP address or details of the duration and date of your access.
In detail, we would like to inform you about the following online-specific processing procedures:

Cookies and services and/or content from third parties
We use technically required cookies only that make sure that our website functions correctly. Pursuant to art. 6, para. 1, point f of the GDPR, processing is based on our legitimate interests in providing an attractive and functioning website. Users that do not want cookies to be stored on their computers are asked to deactivate the relevant option in the settings of their browser. Stored cookies can be deleted in the settings of the browser. The exclusion of cookies may reduce the functionality of this online presence. We use the below cookies that are not accessible to third parties:

Name:
PHPSESSID
Provider:
PHP
Purpose:
Session ID
Lifetime:
Session
       
Name:
cookieconsent_status
Provider:
Martin GmbH
Purpose:
Cookie for storing opt-in decision
Lifetime:
1 year

Other services and content from third parties
Within our online offer, we use content or services of third-party providers on the basis of our legitimate interests (i.e. interest in the analysis, optimization and economic operation, as well as demand-oriented design of our online offer within the meaning of Art. 6 (1) lit. f DS-GVO) in order to integrate their content and services, such as maps (hereinafter uniformly referred to as "content").
This always requires that the third-party providers of this content can perceive your IP address, since without the IP address they cannot send the content to your browser. Your IP address is thus required for the display of this content.
We endeavor to use only such content whose respective providers use the IP address only for the delivery of the content. The links/buttons used within our online offer to such third-party content only establish contact between third-party providers and you when you click on the links/buttons and thus call up the respective networks, or their websites. This function corresponds to the mode of action of a regular online link.
The following presentation provides an overview of third-party providers, along with links to their privacy statements, which contain further information on the processing of data and, in part already mentioned here, opt-out options:

Privacy policy: https://www.google.com/policies/privacy/,
Opt-Out: https://www.google.com/settings/ads/.

On what legal basis is the processing of my personal data based?
We process your personal data only in compliance with the relevant data protection regulations. This means, in particular, that your data will only be processed if there is a legal permission. Above all, we process your data if the processing is necessary for the provision of our contractual services or our online services or if it is required by law. In addition, we process your data based on your consent or on the basis of our legitimate interests.

Consent
If you give us your consent to the processing of your personal data in certain cases, the processing is based on this legal basis within the meaning of Art. 6 (1) sentence 1 lit. a GDPR. For example, if you submit information voluntarily as part of the application process, we process this information solely on the basis of your consent.

Contract
If the processing of your personal data is necessary in order to establish a contractual relationship with you or to process it, we process your personal data on the basis of Art. 6 (1) sentence 1 lit. b GDPR.

Legal obligation
In certain cases, we are required by law to process your personal information. In these cases, the processing is based on the legal basis of Art. 6 (1) sentence 1 lit. c GDPR.

Legitimate interests
Insofar as we process your personal data on the basis of our legitimate interests, such as in the context of the aforementioned online offers, the processing procedure is based on the legal basis of Art. 6 (1) sentence 1 lit. f GDPR.

Employment
If you contact us as part of an application, we process your personal data on the basis of § 26 (1) sentence 1 Federal Data Protection Act (BDSG).

Which legitimate interests are claimed for the processing of my personal data?
We process your personal data partly based on legitimate interests. Processing based on our legitimate interests only takes place when it is required, and our interests predominate on a case-by-case basis.
As far as we base the processing on this legal basis, our interest in processing relates in particular to the following measures:

Who has access to my data? Will my data be transmitted to a country outside the European Union / the European Economic Area?
A transfer of your data to third parties takes place only within the scope of the legal requirements. We only pass on your data to third parties if this is necessary. For example, disclosure may be required for billing purposes or when disclosure is required to meet the contractual obligation.
If we use subcontractors to provide our services, we will take appropriate legal precautions and appropriate technical and organizational measures to protect personal data in accordance with applicable law.
If third-party content is used, data transfer to third countries can often not be ruled out. Third countries are countries in which the GDPR is not a directly applicable law, i. E. basically countries outside the EU or the European Economic Area.
The transfer of data to third countries occurs either when there is an adequate level of data protection, user consent is given, or other legal authorization are applicable. Please note that third-party content may transfer data outside the European Union and the European Economic Area to a country that does not provide an adequate level of data protection. If the data is transferred to the United States, there is a risk that your data may be processed by U.S. authorities for control and monitoring purposes, without you possibly having any legal remedies. For more information on the countries to which the data is transferred and the safeguards, please refer to the privacy policy of the respective service provider. Data may be transferred for various purposes, such as storage or processing. If you do not wish your data to be transmitted, we recommend that you do not activate the service.

How long will my personal data be stored?
Stored data will be deleted as soon as they are no longer required for their intended purpose and the deletion does not conflict with any statutory storage requirements.
Unless your data is deleted because it is necessary for other and legitimate purposes, its processing will be restricted. As a result, the data is blocked and not processed for other purposes. This applies, for example for data that must be kept for commercial or tax reasons. According to legal requirements the storage takes place for 6 years according to § 257 Abs. 1 HGB (trading books, inventories, opening balance sheets, annual accounts, trade letters, accounting documents, etc.) as well as for 10 years according to § 147 Abs. 1 AO (books, records, management reports, Accounting documents, commercial and business letters, documents relevant for taxation, etc.)