DE DOWNLOADS ACQUISITION PROFILE CONTACTS PRIVACY I. NAME AND ADDRESS OF THE CONTROLLER The controller as defined by the General Data Protection Regulation (GDPR) and other national data protection laws of the EU Member States as well as other data protection regulations is: OFB Projektentwicklung GmbH Speicherstraße 55 60327 Frankfurt am Main Deutschland Tel.: +49(0)69 91732-01 E-Mail: ofb-frankfurt@ofb.de Website: www.ofb.de 2. NAME AND ADDRESS OF THE DATA PROTECTION OFFICER The Data Protection Officer of the controller is: Gregor Hoffmann OFB Projektentwicklung GmbH Speicherstraße 55 60327 Frankfurt am Main Deutschland Tel.: +49(0)69 91732-01 Email: datenschutz@ofb.de Website: www.ofb.de III. GENERAL INFORMATION ON DATA PROCESSING 1. SCOPE OF THE PROCESSING OF PERSONAL DATA We process the personal data of our users only to the extent necessary to provide a functioning website, our content and services. Personal data is usually processed only with the user’s prior consent. An exception applies in cases where practical reasons prevent us from obtaining consent in advance and we are permitted by law to process the data. 2. LEGAL GROUNDS FOR PROCESSING PERSONAL DATA Article 6 (1) point (a) of the EU General Data Protection Regulation (GDPR) provides the grounds for obtaining consent from data subjects to process their personal data when we do so. Article 6 (1) point (b) GDPR provides the legal grounds for processing personal data required to execute a contract to which the data subject is party. This shall also apply to processing required to take steps prior to entering into a contract. Article 6 (1) point (c) GDPR provides the legal grounds for processing personal data necessary for compliance with a legal obligation on the part of our company. Article 6 (1) point (d) GDPR provides the legal grounds for processing personal data in the vital interests of the data subject or another natural person. Article 6 (1) point (f) GDPR provides the legal grounds for processing necessary to safeguard legitimate interests of our company or a third party and the data subject’s interests, provided the fundamental rights and freedoms do not take precedence over the interests of our company or of the third party. 3. DATA ERASURE AND STORAGE DURATION The user’s personal data shall be erased or blocked as soon as the purpose of storage ceases to apply. Data may also be stored if so envisaged by European or national legislators in EU regulations, laws or other provisions to which the controller is subject. Data will also be blocked or erased if a storage period prescribed by the aforementioned standards expires, unless further storage of the data is necessary to conclude or fulfill a contract. IV. PROVISION OF THE WEBSITE AND CREATION OF LOG FILES 1. DESCRIPTION AND SCOPE OF DATA PROCESSING Every time you access our website, our system automatically collects data and information from the accessing computer. The following data will be collected: 1) Information about the browser type 2) The operating system of the user 3) The IP address of the user (the last two octets are anonymized or always end with ".0.1") 4) The date and time of access and the server time zone 5) The request (http_request) 6) The http status code 7) The size of the response 8) The reference (http_referer) This data is also stored in our system’s log files. It is not stored together with other personal data of the user. 2. LEGAL GROUNDS FOR DATA PROCESSING Article 6 paragraph (1) point (f) GDPR provides the legal grounds for the temporary storage of data and log files. 3. PURPOSE OF DATA PROCESSING The system has to temporarily store the IP address to deliver the website to the user’s computer system. To this end, the user’s IP address has to be stored for the duration of the session. data is stored in log files to ensure the website functions properly. It also serves to optimize the website and to keep our information technology systems secure. We do not assess the data for marketing purposes in this context. These purposes also constitute our legitimate interest in processing data in accordance with Article 6 paragraph (1) point (f) GDPR. 4. DURATION OF STORAGE Data will be deleted as soon as it is no longer necessary for the purposes for which it was collected. It is deleted automatically after three months at the latest. 5. POSSIBILITY OF OBJECTION AND ERASURE Data has to be collected to provide the website and stored in log files to operate the website. Therefore, the user cannot opt out on this account. V. USE OF COOKIES We use a standalone frontend that does not store any cookies. VI. EMAIL CONTACT 1. DESCRIPTION AND SCOPE OF DATA PROCESSING Contact may be established via the email addresses provided. In the event, the user’s personal data will be stored as transmitted with the email. Data will not be passed on to third parties in this context. It will be used exclusively to carry on the conversation. 2. LEGAL GROUNDS FOR DATA PROCESSING Article 6 paragraph (1) point (f) GDPR provides the legal grounds for processing data received with emails. Article 6 paragraph (1) point (b) GDPR provides the legal grounds when the purpose of the email contact is to conclude a contract. 3. PURPOSE OF DATA PROCESSING Contact established by email constitutes our legitimate interest as required for processing the data. 4. DURATION OF STORAGE Data is erased as soon as it is no longer necessary for the purposes for which it was collected. For personal data sent by e-mail, this is usually the case when a conversation with the user is over. The conversation ends when it can be inferred from the circumstances that the matter in question has been conclusively resolved. 5. POSSIBILITY OF OBJECTION AND ERASURE The user may revoke his consent to the processing of personal data at any time. If the user contacts us by email, he can object to the storage of his personal data at any time. In this case, the conversation cannot be continued. VII. UTILISATION OF THE APPLICANT PORTAL 1. DESCRIPTION AND SCOPE OF DATA PROCESSING It is also possible to apply for a vacant position using an applicant portal. In this case, the personal data provided by the user will be saved and processed in the cloud-based app ‘On-apply’ (On-apply GmbH, Solmsstraße 83, 60486 Frankfurt am Main, Germany). You will find more detailed information on data processing at On-apply GmbH in the On-apply data protection policy, which is available online at www.onapply.de/datenschutz (in German). In this regard, On-apply GmbH does not use or transfer the data to third parties. Only such data as is related to your application for the advertised position will be processed. This may include general data on your person (such as your name and contact details), information on your professional qualifications and education, information on your professional training or other information that you have provided in conjunction with your application. Your personal data will only be processed for your application for an employment relationship insofar as this is necessary for a decision regarding the basis for an employment relationship with us. 2. LEGAL FOUNDATION FOR DATA PROCESSING The legal foundation for processing data that are transferred in conjunction with the submission of an application form is provided in Section 26 (1) in conjunction with (8) sentence 2 of the German Federal Data Protection Act (BDSG). We may also process your personal data insofar as this is necessary to defend legal claims asserted against us arising from the application process. The legal foundations are provided in Article 6 (1) f) of the EU General Data Protection Regulation (GDPR). Insofar as we enter into an employment relationship with you, we may – in accordance with Section 26 (1) of the BDSG – process the data we have already received from you for the purposes of the employment relationship, should this be necessary for implementing or terminating the employment relationship, or for exercising or fulfilling rights and duties of employee representatives arising from a law, wage agreement, works agreement or service agreement (collective agreement). 3. DURATION OF STORAGE Data will be deleted as soon as it is no longer required for achieving the purpose of its collection. Following the conclusion of the application process, your personal data will be deleted immediately or no later than six months later insofar as you have not given us your express consent (in text form by email or in writing) for the storage of your data beyond this period. 4. OPPORTUNITY TO OBJECT OR HAVE DATA DELETED The user may at any time revoke their consent to the processing of their personal data. Should the user contact us by email, they can at any time object to the storage of their personal data. In this case, the application process cannot be continued. VIII. EMAIL APPLICATION 1. DESCRIPTION AND SCOPE OF DATA PROCESSING Applications can be submitted through the email address provided at any time. In this case, the personal data for the user transmitted via this email will be saved. The data will not be transferred to third parties in this regard. We only process data that is related to your application. This may include general data on your person (such as your name, address and contact details), information on your professional qualifications and education, information on your professional training or other information that you have provided in conjunction with your application. We will only process your personal data for your application for an employment relationship insofar as this is necessary for a decision regarding the basis for an employment relationship with us. 2. LEGAL FOUNDATION FOR DATA PROCESSING The legal foundation for processing data that are transferred in conjunction with the sending of an email is provided in Section 26 (1) in conjunction with (8) sentence 2 of the German Federal Data Protection Act (BDSG). We may also process your personal data insofar as this is necessary to defend legal claims asserted against us arising from the application process. The legal foundations are provided in Article 6 (1) f) of the EU General Data Protection Regulation (GDPR). Insofar as we enter into an employment relationship with you, we may – in accordance with Section 26 (1) of the BDSG – process the data we have already received from you for the purposes of the employment relationship, should this be necessary for implementing or terminating the employment relationship, or for exercising or fulfilling rights and duties of employee representatives arising from a law, wage agreement, works agreement or service agreement (collective agreement). 3. DURATION OF STORAGE Data will be deleted as soon as it is no longer required for achieving the purpose of its collection. Following the conclusion of the application process, your personal data will be deleted immediately or no later than six months later insofar as you have not given us your express consent (in text form by email or in writing) for the storage of your data beyond this period. 4. OPPORTUNITY TO OBJECT OR HAVE DATA DELETED The user may at any time revoke their consent to the processing of their personal data. Should the user contact us by email, they can at any time object to the storage of their personal data. In this case, the application process cannot be continued. IX. RIGHTS OF THE DATA SUBJECT If your personal data is processed, you are a data subject as set out in the GDPR and you have the following rights vis-à-vis the controller: 1. RIGHT TO INFORMATION You can request confirmation from the controller as to whether we process personal data concerning you. In the event of such processing, you may request the following information from the data controller: (1) the purposes for which personal data is processed; (2) the categories of personal data processed; (3) the recipients or categories of recipients to whom the personal data concerning you has been or will be disclosed; (4) the planned duration of the storage of personal data concerning you or, if this is not possible, criteria for determining the duration of the storage; (6) the existence of the right to lodge a complaint with a supervisory authority; (7) all available information on the origin of the data if the personal data has not been collected from the data subject; (8) the existence of automated decision-making, including profiling, referred to in Article 22 paragraphs 1 and 4 GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject. You have the right to request information as to whether the personal data concerning you will be transferred to a third country or an international organization, and which appropriate safeguards pursuant to Article 46 GDPR have been provided. In this context, you may request to be informed of which appropriate safeguards pursuant to Article 46 GDPR have been provided. 2. RIGHT TO RECTIFICATION You have the right to have your personal data corrected and/or completed by the data controller if the processed personal data concerning you is inaccurate or incomplete. The controller is to correct this without delay. You can demand that processing of personal data concerning you be restricted under the following circumstances: (1) if you contest the accuracy of the personal data concerning you for a period of time which allows the data controller to verify the accuracy of the personal data; (2) if the processing is unlawful and you oppose the deletions of personal data and instead demand the restriction of its use; (3) the controller no longer needs the personal data for the purposes of processing, but you need it to assert, exercise or defend legal claims, or (4) if you have objected to processing pursuant to Article 21 paragraph (1) GDPR and it has yet to be established if the legitimate reasons of the data controller take precedence over your grounds. In instances where the processing of personal data concerning you has been restricted, such data shall be processed only with your consent to assert, exercise or defend rights, or to protect the rights of another natural or legal person, or for reasons of an important public interest of the Union or of a Member State, with the sole exception being their storage. If processing of data has been restricted in light of the aforementioned circumstances, you will be informed by the controller before the restriction is lifted. 3. RIGHT TO ERASURE (a) Duty to delete You may demand that the data controller erases without delay the personal data concerning you, and the data controller shall be obliged to delete this data without delay if one of the following reasons applies: (1) Personal data concerning you is no longer be necessary for the purposes for which they were collected or otherwise processed. (2) You revoke your consent on which the processing was based pursuant to Article 6 paragraph (1) point (a) or Article 9 paragraph 2 point (a) GDPR, and where there is no other legal ground for this processing. (3) You object to the processing pursuant to Article 21 paragraph (1) GDPR, and there are no superseding legitimate grounds for the processing, or you object to the processing pursuant to Article 21 paragraph (2) GDPR. (4) The personal data concerning you has been processed unlawfully. (5) The erasure of personal data concerning you is necessary to fulfill a legal obligation under Union law or the law of the Member States to which the data controller is subject. (6) The personal data concerning you has been collected in relation to the offer of information society services referred to in Article 8 paragraph (1) GDPR. b) Information to third parties (right to be forgotten) If the controller has made the personal data concerning you public and is obliged to erase them pursuant to Article 17 paragraph (1) GDPR, the controller, taking account of available technology and the cost of implementation shall take reasonable steps, including technical measures, to inform the controllers who process your data further that you have requested erasure of all links to your personal data or copies or replications of that personal data. (c) Exceptions You do not have a right to demand erasure of your data if its processing is necessary (1) to exercise the right to freedom of expression and information; (2) to fulfill a legal obligation which requires processing under the law of the Union or of the Member States to which the controller is subject, or to perform a task carried out in the public interest or in the exercise of official authority vested in the controller; (3) for reasons of public interest in the area of public health pursuant to Article 9 paragraph (2) points (h) and (i) and Article 9 paragraph (3) GDPR; (4) for archival purposes in the public interest, scientific or historical research purposes or for statistical purposes pursuant to 89 paragraph (1) GDPR, insofar as the right referred to in section a) is likely to render impossible or seriously impair the achievement of the objectives of that processing; or (5) to assert, exercise or defend legal claims. 4. RIGHT TO NOTIFICATION If you have exercised your right to rectify, erase or restrict the processing of your personal data toward the controller, the latter is obliged to notify of such rectification, cancellation or limitation all recipients to whom the personal data concerning you have been disclosed, unless this proves impossible or involves disproportionate effort. You have the right vis-à-vis the controller to be informed of such recipients. 5. RIGHT TO DATA PORTABILITY You have the right to receive the personal data you have provided to the controller in a structured, commonly used and machine-readable format. In addition, you have the right to transmit this data to another controller without being hindered by the controller to whom the personal data was provided, provided that (1) the data processing is based on consent pursuant to Article 6 paragraph (1) point (a) GDPR or Article 9 paragraph (2) point (a) GDPR or on a contract in accordance with Article 6 paragraph (1) point (b) GDPR and (2) processing is carried out by automated means. In exercising this right, you also have the right to request that the personal data concerning you be transmitted directly by one controller to another controller to the extent that this is technically feasible. The freedoms and rights of others shall not be affected by this. The right to data portability shall not apply to processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller. 6. RIGHT TO OBJECT You have the right, for reasons arising out of your particular situation, to object at any time to the processing of personal data concerning you performed on the basis of Article 6 paragraph (1) point (e) or (f) GDPR. The controller will no longer process personal data relating to you unless he can establish compelling reasons for the processing which prevail over your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims. If the personal data concerning you is processed for the purpose of direct advertising, you have the right to object at any time to the processing of the personal data concerning you for the purpose of such advertising; this also applies to profiling to the extent that it is related to such direct advertising. If you object to the processing for direct marketing purposes, personal data concerning you will no longer be processed for these purposes. You may, Directive 2002/58/EC notwithstanding, exercise your right to object to the use of information society services by means of automated procedures using technical specifications. 7. RIGHT TO REVOKE THE DECLARATION OF CONSENT UNDER DATA PROTECTION LAW You have the right to revoke your declaration of consent under data protection law at any time. The revocation of consent shall not affect the lawfulness of processing carried out on the basis of the consent given until it was revoked. 8. AUTOMATED INDIVIDUAL DECISION-MAKING, INCLUDING PROFILING You have the right not to be subject to any decision based solely on automated processing, including profiling, that has any legal effect on you or similarly significantly affects you. This shall not apply if the decision (1) is necessary for the conclusion or performance of a contract between you and the controller, (2) is authorized by legislation of the Union or of the Member States to which the controller is subject and sets out appropriate measures to safeguard your rights and freedoms and your legitimate interests; or (3) is taken with your express consent. However, these decisions may not be based on special categories of personal data under Article 9 paragraph (1) GDPR, unless Article 9 paragraph 2 point (a) or (g) GDPR applies and appropriate measures have been taken to protect the rights and freedoms as well as your legitimate interests. In the cases referred to in (1) and (3), the controller shall take reasonable steps to safeguard your rights, freedoms and legitimate interests, including at least the right of the controller to obtain human intervention, to express his or her point of view, and to contest the decision. 9. RIGHT TO LODGE A COMPLAINT WITH A SUPERVISORY AUTHORITY Without prejudice to any other administrative or judicial remedy, you have the right to complain to a supervisory authority, in particular in the Member State in which you reside, at your place of work, or at the place of the alleged infringement, if you consider that the processing of your personal data is in breach of the GDPR. The supervisory authority to which the complaint was submitted shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy pursuant to Article 78. As at 01/2020 © OFB Projektentwicklung GmbH LEGAL NOTICE PRIVACY STATEMENT