Information to be provided where personal data are collected from the data
subject ART. 13 of the GDPR
1. Who is responsible for the data-processing and who can you contact?
The responsible party is
Marker Deutschland GmbH
Dr.-Gotthilf-Näher-Strasse 6 and 12, D-82377 Penzberg
Phone +49 9421 320 0
The company’s data protection officer can be contacted at datenschutz(at)marker.de.
2. Which data are processed and from what sources do these data originate?
Your personal data include the following:
Your contact data, which for customers include forename and surname, address, contact details (email address, telephone number and fax), bank and SEPA data, organisation and membership number, delivery address (if different from the invoice address), company’s registered office and tax number
For applicants, they include forename and surname, address, contact details (email address, telephone number and fax), date of birth, details from your CV and references, banking details, religious affiliation, marital status, photographs and certificates.
For business partners/potential partners, they include the name of your legal representative, company name, commercial register number, value-added tax registration number, business number, address, contact details (email address, telephone number and fax) and bank details
Furthermore, we also process the following personal data:
- Information about the type and content of contract details, order details, turnover and voucher details, customer and supplier history and advice documents,Marketing and sales details,
- Information from your electronic correspondence with us (for example IP address and login details),
- Other details which we have received during our business relationship (for example when talking to customers),
- Details which we generate from our master/contact data and other data ourselves, such as customer requirement and customer potential analyses,
- The documentation of your declaration of consent for receiving newsletters, for example.
3. For what purposes and on what legal basis are the data processed?
We process your data in compliance with the provisions of the latest versions of the General Data Protection Regulation (GDPR) and the Federal Data Protection Law 2018:
• To fulfil (pre)contractual duties (Art. 6 paragraph 1 letter b of the GDPR):
• To fulfil legal duties (Art. 6 paragraph 1 letter c of the GDPR):
Your data must be processed for the purposes of fulfilling varies legal duties, for example from the Commercial Code or the Tax Code.
• To safeguard justified interests (Art. 6 paragraph 1 letter f of the GDPR):
On the basis of weighing up interests, data may be processed by us or by third parties over and above the level required to fulfil the contract so as to safeguard justified interests of ourselves or of third parties. Data are processed to safeguard justified interests, for example, in the following cases:
- Publicity or marketing (see No. 4),
- Action to control business and develop products and services,
- Management of a group-wide customer database to improve customer service,
- As a result of legal prosecution.
• On the basis of your consent (Art. 6 paragraph 1 letter a of the GDPR):
If you have granted us your consent to process your data, for example so that we can send you our newsletter.
4. Processing personal data for marketing purposes
You can object to the use of your personal data for marketing purposes at any time in full or for individual measures.
Under the statutory requirements set out in § 7 paragraph 3 of the Unfair Competition Law, we are entitled to use the email address you provided when concluding the contract for our own similar goods or services. You will receive these product recommendations from us regardless of whether you have subscribed to a newsletter.
If you do not want to receive these recommendations from us by email, you can object to the use of your address for this purpose at any time. A message in writing sent to the above address is sufficient for this purpose. Every email also contains an unsubscribe link
5. Who receives my data?
If we use a service provider for the purposes of order processing, we nevertheless remain responsible for protecting your data. All order processors are obliged by contract to treat your data in confidence and only to process them for service provision purposes. The order processors commissioned by us receive your data if they require the data to provide their services. These may be IT service providers which we require for the operation and security of our IT system, and advertising agencies for marketing promotions.
Your data will be processed in our ERP system. These data will be made available to the various branch offices if this is required to execute the contract.
Authorities and courts as well as external auditors may receive your data on the basis of a statutory obligation or as a result of legal prosecution. Furthermore, insurance companies, banks, credit agencies and service providers may receive your data for the purposes of initiating and fulfilling contracts.
6. For how long will my data be stored?
Wir verarbeiten Ihre Daten bis zur Beendigung der Geschäftsbeziehung oder bis zum Ablauf der geltenden gesetzlichen Aufbewahrungsfristen (etwa aus dem Handelsgesetzbuch, der Abgabenordnung, Heimgesetz oder Arbeitszeitgesetz); darüber hinaus bis zur Beendigung von allfälligen Rechtsstreitigkeiten, bei denen die Daten als Beweis benötigt werden.
7. Are personal data transferred to a third party country?
Generally, we do not transfer any data to a third party country. Such a transfer may take place in an individual case only on the basis of an adequacy decision taken by the European Commission, standard contract clauses, suitable guarantees or express consent.
8. What data protection rights do I have?
You have the right at any time to demand information about and the correction, deletion or restriction of your saved data, the right to object to processing and the right to data transferability and to complain as set out in the conditions of data protection law.
Right to information:
Right to correction:
If we process your data and they are incomplete or incorrect, you can request that we correct or complete them at any time.
Right to deletion:
You can request the deletion of your data by us if we are processing them illegally or our processing disproportionately affects your safeguarding interests. Please note that there may be reasons that prevent the immediate deletion of the data, for example in the event of statutory archiving obligations.
Regardless of safeguarding your right to deletion, we will delete your data immediately and in full as long as we are not under any legal or statutory obligation to archive them.
Right to restrict processing:
You may request us to restrict the processing of your data if
- You dispute that the data are correct for a period of time which enables us to check whether the data are correct,
- The data are being processed illegally but you refuse to have them deleted and instead request that the use of the data be restricted,
- We no longer require the data for their intended purpose, but you still need the data to lodge or defend legal claims, or
- You have raised an objection to the data being processed.
Right to data portability
You can request us to provide you with your data which you have supplied to us in a structured, conventional and machine-readable format and that you can transfer these data to another responsible party without any hindrance from us, as long as
- We process these data on the basis of revocable consent granted by you or to complete a contract between us, and
- This processing takes place using automated procedures.
If it is technically feasible, you can request that we transfer your data directly to another responsible party.
Right of objection:
If we process your data for a justified interest, you can object to this data processing at any time; this would also apply to profiling based on these regulations. We will then no longer process your data unless we have binding reasons for processing them, which require protection and which outweigh your interests or the processing is for the purpose of lodging, exercising or defending legal claims. You may object to the processing of your data for the purposes of direct marketing at any time without giving reasons.
Right to complain:
If you believe that we are breaching German or European data protection law by processing your data, please contact us so that we can clarify any questions. Naturally, you also have the right to contact the supervisory authority responsible for you, the relevant state department for data protection supervision.
If you wish to claim one of the rights set out above, please contact our data protection officer. In the event of any doubt, we may request additional information to confirm your identity.
9. Am I obliged to provide data?
Processing your data is necessary to conclude or fulfil the contract you have entered with us. If you no longer wish to make these data available to us, we will normally have to refuse to conclude the contract or no longer be able to execute an existing contract, which will therefore have to terminated. However, you are under no obligation to grant consent for data processing for the data which are not relevant or not legally required to fulfil the contract.