INFORMATION OBLIGATIONS ACCORDING TO ART. 13 GDPR

We hereby wish to inform you extensively about the processing of your data in our company and the data protection claims and rights to which you are entitled within the meaning of Art. 13 of the European Data Protection Basic Regulation (EU DS-GVO).

1. Who is responsible for data processing and who can you contact?

The party responsible is
Motus Online Service GmbH
Kumpfmühler Str. 30
93051 Regensburg, Germany

The Company Data Protection Officer is
Christian Volkmer
Projekt 29 GmbH & Co. KG
Ostengasse 14
93047 Regensburg, Germany
Email: c.volkmer@projekt29.de
Tel.: +49 941-2986930

2. Which data is processed and from which sources does this data originate?

We process the data which we have received from you within the framework of contract initiation or processing, on the basis of consent or the application you submitted to us or on the basis of the fact that you are a member of our staff.

The personal data includes:

Your master/contact data, which for customers includes, for example, the first and last name, address, contact data (email address, telephone number, fax), bank data, VAT ID number.

For applicants and employees this includes, for example, the first and last name, address, contact data (email address, telephone number, fax), date of birth, data from the curriculum vitae and job references, bank data, religious affiliation, photographs.

For business partners this includes, for example, the designation of their legal representatives, firm, commercial register number, VAT number, company number, address, contact person contact data (email address, telephone number, fax), bank details.

For visitors to our company this includes their name and signature.

For journalists this includes their first and last name, email address, fax number.

For competition participants this includes the first name, surname and email address.

In addition, we also process the following other personal data:
- information on the type and content of contract data, order data, turnover and document data, customer and supplier history and consultation documents,
- advertising and sales data,
- information from your electronic transactions with us (e.g. IP address, log-in data),
- other data which we have received from you within the context of our business relationship (e.g. in discussions with customers),
- data which we generate ourselves from master/contact data and other data, e.g. through customer requirement and customer potential analyses,
- the documentation of your declaration of consent for the receipt of newsletters, for example.
- Photographs associated with events.

3. For which purposes and on which legal basis is the data processed?

We process your data in accordance with the provisions of the Data Protection Basic Regulation (DS-GVO) and the Federal Data Protection Act 2018, as amended:

• to fulfil (pre-)contractual obligations (Art. 6, para. 1 (b) DS-GVO):
The processing of your data for the execution of the contract is carried out online or in one of our branches and at our company for the execution of the contract relating to your membership of our staff. The data is processed in particular during the initiation of business transactions and the execution of the contracts with you.
• to fulfil legal obligations (Art. 6, para. 1 (c) DS-GVO):
The processing of your data is necessary for the purpose of fulfilling different legal obligations, e.g. from the Commercial Code or Tax Code.
• for the protection of legitimate interests (Art. 6, para. 1 (f) DS-GVO):
On the basis of a weighing of interests, data processing can be carried out beyond the actual fulfilment of the contract in order to safeguard the legitimate interests of ourselves or third parties. Data processing to safeguard legitimate interests is carried out in the following cases, for example:

- advertising or marketing (see no. 4),
- measures for business management and the further development of services and products;
- maintaining a group-wide customer database to improve customer service
- in connection with legal proceedings
- the submission of information and press releases which do not promote sales.

• within the scope of your consent (Art. 6, para. 1 (a) DSGVO):
If you have given us your consent to process your data, e.g. to send you our newsletter, publish photos, competitions, etc.

4. Processing of personal data for advertising purposes

You may object at any time to the use of your personal data for advertising purposes overall or for individual measures without incurring any costs for this other than the transmission costs according to the basic tariffs.

We are entitled under the legal requirements of Section 7, para. 3 of the German Act on Unfair Competition (UWG) to use the email address you provided when concluding the contract for direct advertising for our own similar goods or services. You will receive these product recommendations from us irrespective of whether you have subscribed to a newsletter or not.
If you do not wish to receive such recommendations by email from us, you can object to the use of your address for this purpose at any time without incurring any costs other than the transmission costs according to the basic tariffs. A text message is sufficient for this purpose. There is of course an unsubscribe link in every email.

5. Who receives my data?

If we use a service provider for the purposes of order processing, we nevertheless remain responsible for the protection of your data. All contract processors are contractually obliged to treat your data confidentially and to process it only within the scope of the service provision. The contract processors commissioned by us will receive your data insofar as they require the data for the performance of their respective service. These are, for example, IT service providers that we need for the operation and security of our IT system, as well as advertising and address publishers for our own advertising campaigns.
Your data is processed in our customer database. The customer database supports the improvement in the quality of the existing customer data (duplicate cleansing, moved away/deceased tags, address correction) and enables enrichment with data from public sources.
This data is made available to the group companies if this is necessary for the execution of the contract. Customer data is stored separately for each company, with our parent company acting as a service provider for the individual participating companies.
If there is a legal obligation or within the context of a legal prosecution, public authorities and courts as well as external auditors may be recipients of your data.
Furthermore, insurance companies, banks, credit agencies and service providers may be recipients of your data for the purpose of initiating and fulfilling contracts.

6. How long will my data be stored?

We process your data until the termination of the business relationship or until the expiry of the applicable statutory retention periods (for example from the German Commercial Code, the Tax Code or the Working Hours Act); additionally, until the termination of any legal disputes in which the data is required as evidence.

7. Is personal data transferred to a third country?

As a matter of principle, we do not transfer any data to a third country. Any transfer will only take place in individual cases on the basis of an adequacy decision of the European Commission, standard contractual clauses, appropriate safeguards or your express consent.

8. What data protection rights do I have?

You have a right to information, rectification, erasure or restriction of the processing of your stored data, a right of objection to the processing as well as a right to data portability and a right to complain in accordance with the requirements of data protection law.

Right to information:
You can request information from us concerning whether and to what extent we process your data.
Right to rectification:
If we process your data that is incomplete or incorrect, you can request that we rectify or complete such data at any time.
Right to erasure:
You can request that we erase your data if we process it unlawfully or if the processing interferes disproportionately with your legitimate protection interests. Please note that there may be reasons that prevent immediate erasure, e.g. in the case of legally regulated retention obligations.
Irrespective of the exercising of your right to erasure, we will erase your data immediately and completely, unless there is a contractual or legal obligation to retain it.

The right to limitation of processing:
You may request that we restrict the processing of your data if
- you dispute the accuracy of the data, namely for a period of time that enables us to verify the accuracy of the data.
- the processing of the data is unlawful, but you refuse to have it erased and instead request a restriction on the use of the data,
- we no longer need the data for the intended purpose, but you still need this data to assert or defend legal claims, or
- you have lodged an objection to the processing of the data.
Right to data portability:
You may request us to provide you with the data you have made available to us in a structured, current and machine-readable format and to allow you to forward this data to another responsible party without our interference, provided that
- we process this data on the basis of an agreement which you have submitted and which is revocable or in order to fulfil a contract between us, and
- this processing is carried out using automated methods.
If it is technically feasible, you can ask us to transfer your data directly to another responsible party.
Right of objection:
If we process your data on the basis of a legitimate interest, you can object to this data processing at any time; this would also apply to any profiling which is based on these provisions. We will then no longer process your data unless we can prove compelling reasons worthy of protection for the processing that outweigh your interests, rights and freedoms or the processing serves to assert, exercise or defend legal claims. You can object to the processing of your data for the purposes of direct advertising at any time without stating any reasons.
Right of appeal:
If you are of the opinion that we are infringeing German or European data protection law when processing your data, please contact us so that we can clarify any questions. Of course you also have the right to contact the supervisory authority which is responsible for you, i.e. the respective State Office for Data Protection Supervision.
If you wish to assert any of the above rights against us, please contact our Data Protection Officer. In cases of doubt we may request additional information to confirm your identity.

9. Am I obliged to provide data?

The processing of your data is necessary to conclude or fulfil your contract with us. If you do not provide us with this data, we will generally have to refuse to enter into the contract or will no longer be able to perform an existing contract and will therefore have to terminate it. However, you are not obliged to give your consent to data processing with regard to data which is not relevant for the fulfilment of the contract or which is not required by law.

Data Processing as PDF

10. Data protection information for online meetings, telephone conferences and webinars via Microsoft Teams

Data protection informations for Microsoft Teams PDF Download

11. Data Processing Artikel 13 in scope of recruiting

Personal data is processed by employers in a deployment relationship. Therefore, we are required by the new European rules for data privacy (GDPR) to inform you about the following, according to Art. 13 GDPR:
• Responsible for the processing of data is your employer:
Motus Online Service GmbH Kumpfmühler Str. 30
93051 Regensburg, Germany
The Company Data Protection Officer is:
Christian Volkmer
Projekt 29 GmbH & Co. KG Ostengasse 14
93047 Regensburg, Germany Email: c.volkmer@projekt29.de Tel.: +49 941-2986930
• Your data is collected and processed within the context of the recruitment process or for the implementation of the employment relationship.
• The required data includes in particular your master data (above all your first and last name, name extensions, nationality), your contact data (especially your private address, mobile and landline telephone number, e-mail address), other data from the employment relationship, such as time recording data, holiday periods, periods of incapacity for work, skill data, social data, bank details, social security number, pension insurance number, salary data, tax identification number, special health data and, if applicable, criminal records), as well as protocol data that is created during the use of the IT systems.
• Most of your personal data is collected directly from you. Due to legal regulations, however, your data may also be partially collected from other bodies such as the Inland Revenue Office for queries about tax-relevant information for specific reasons, the health insurance company for information on periods of incapacity for work or, if applicable, from other third parties, such as an employment agency or from publicly accessible sources (e.g. professional networks).
• Within our company, only those persons who need your personal data to fulfil our contractual and legal obligations, such as the Personnel Department, the Accounts Department, the Specialist Department, the Works Council or the representative body for disabled employees, receive it.
• Outside the company, we transfer your data to other recipients, provided that this is necessary to fulfil our contractual and legal obligations. These are in particular the social insurance agencies, the health insurance fund, the pension insurance, professional pension institutions, the employment agency, the professional association, the tax authorities, accident and third-party liability insurances, courts, banks, competent authorities in order to be able to guarantee claims from the company pension scheme or capital-forming benefits, third-party debtors in the event of the attachment of wages and salaries or insolvency administrators in the event of private insolvency.
• Your data will not be transferred to a third country.
• We process your personal data in compliance with all relevant laws, such as the General Data Protection Regulation (GDPR), local data protection amendment acts, the Works Constitution Act, the Working Hours Act, etc.
First and foremost, data processing serves to establish, implement and terminate the employment relationship. The relevant legal basis for this is Art. 6 Para. 1 lit b GDPR in conjunction with Art. 88 Para. 1 GDPR and, if applicable, your separate consent pursuant to Art. 6 Para. 1 lit a GDPR in comjunction with Art. 7 GDPR (e.g. for video recordings) may be used as a permit regulation under data protection law.
We also process your data in order to be able to fulfil our legal obligations as an employer, especially in the area of tax and social security law. This is carried out on the basis of Art. 6 Para. 1 c) GDPR.
Where necessary, we also process your data on the basis of Art. 6 Para. 1 lit f GDPR in order to protect our legitimate interests or those of third parties (e.g. public authorities). This applies in particular to the investigation of criminal offences or within the Group for purposes of Group management, internal communication and other administrative purposes.
Insofar as special categories of personal data pursuant to Art. 9 Para. 1 GDPR are processed, this serves to exercise rights or to fulfil legal obligations under labour law, social security law and social protection within the framework of the employment relationship (e.g. disclosure of health data to the health insurance fund, recording of severe disability due to additional leave and determination of the severely disabled person levy). This is carried out on the basis of Art. 9 Para. 2 lit. c GDPR. Furthermore, the processing of health data may be necessary for assessing your ability to work in accordance with Art. 9 Para. 2 lit h GDPR.
In addition, the processing of special categories of personal data may be based on consent pursuant to Art. 9 Para. 2 lit a GDPR (e.g. company health management).
Should we wish to process your personal data for a purpose that is not mentioned above, we will inform you in advance.
• The storage period for the data collected is limited to the employment relationship. We delete your personal data as soon as it is no longer required for the above-mentioned purposes. After termination of the employment relationship, the data is stored in accordance with the statutory or official retention periods, which are based on the German Commercial Code and the Tax Code, among other things, and then deleted. The storage periods according to the above are up to ten years. In addition, personal data may be stored for the period of the statutory limitation period of three or up to 30 years if claims can be asserted against us.
• You have the right to information from the employer about the data stored about your person. Under certain conditions you can request the correction or deletion of your data. You may also have the right to restrict the processing of your data and a right to have the data you provide surrendered in a structured, common and machine-readable format.
Right of Objection:
You also have the right to object to the processing of your personal data for direct marketing purposes without giving reasons. If we process your data to protect legitimate interests, you may object to this processing for reasons arising from your particular situation. We will then no longer process your personal data unless we can prove compelling legitimate reasons worthy of protection for the processing which outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.
• If our Data Protection Officer is not able to answer your request to your satisfaction, you still have the right to submit a complaint to the data protection supervisory authority. The supervisory authority responsible for you:
Bayerisches Landesamt für Datenschutzaufsicht
Promenade 27
91522 Ansbach, Germany
Tel.: +49 981 53 1300
Fax: +49 981 53 98 1300
Email: poststelle@lda.bayern.de.
• The provision of personal data is necessary for the establishment, execution and termination of the employment relationship and constitutes a collateral contractual obligation of the employee. If we do not receive the necessary data, it is not possible to implement the employment relationship with you.

Data Processing in scope of recruiting as PDF