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Privacy Policy
We are very delighted that you have shown interest in our
enterprise. Data protection is of a particularly high priority for the
management of the METROPOLITAN Import-Export Brackel GmbH & Co. KG.
The use of the Internet pages of the METROPOLITAN Import-Export Brackel
GmbH & Co. KG is possible without any indication of personal data;
however, if a data subject wants to use special enterprise services via
our website, processing of personal data could become necessary. If the
processing of personal data is necessary and there is no statutory
basis for such processing, we generally obtain consent from the data
subject.
The processing of personal data, such as the name, address, e-mail
address, or telephone number of a data subject shall always be in line
with the General Data Protection Regulation (GDPR), and in accordance
with the country-specific data protection regulations applicable to the
METROPOLITAN Import-Export Brackel GmbH & Co. KG. By means of this
data protection declaration, our enterprise would like to inform the
general public of the nature, scope, and purpose of the personal data
we collect, use and process. Furthermore, data subjects are informed,
by means of this data protection declaration, of the rights to which
they are entitled.
As the controller, the METROPOLITAN Import-Export Brackel GmbH &
Co. KG has implemented numerous technical and organizational measures
to ensure the most complete protection of personal data processed
through this website. However, Internet-based data transmissions may in
principle have security gaps, so absolute protection may not be
guaranteed. For this reason, every data subject is free to transfer
personal data to us via alternative means, e.g. by telephone.
1. Definitions
The data protection declaration of the METROPOLITAN
Import-Export
Brackel GmbH & Co. KG is based on the terms used by the European
legislator for the adoption of the General Data Protection Regulation
(GDPR). Our data protection declaration should be legible and
understandable for the general public, as well as our customers and
business partners. To ensure this, we would like to first explain the
terminology used.
In this data protection declaration, we use, inter alia, the following terms:
a) Personal data
Personal data means any information relating to an identified or
identifiable natural person (“data subject”). An identifiable natural
person is one who can be identified, directly or indirectly, in
particular by reference to an identifier such as a name, an
identification number, location data, an online identifier or to one or
more factors specific to the physical, physiological, genetic, mental,
economic, cultural or social identity of that natural person.
b) Data subject
Data subject is any identified or identifiable natural person, whose
personal data is processed by the controller responsible for the
processing.
c) Processing
Processing is any operation or set of operations which is performed
on personal data or on sets of personal data, whether or not by
automated means, such as collection, recording, organisation,
structuring, storage, adaptation or alteration, retrieval,
consultation, use, disclosure by transmission, dissemination or
otherwise making available, alignment or combination, restriction,
erasure or destruction.
d) Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.
e) Profiling
Profiling means any form of automated processing of personal data
consisting of the use of personal data to evaluate certain personal
aspects relating to a natural person, in particular to analyse or
predict aspects concerning that natural person's performance at work,
economic situation, health, personal preferences, interests,
reliability, behaviour, location or movements.
f) Pseudonymisation
Pseudonymisation is the processing of personal data in such a manner
that the personal data can no longer be attributed to a specific data
subject without the use of additional information, provided that such
additional information is kept separately and is subject to technical
and organisational measures to ensure that the personal data are not
attributed to an identified or identifiable natural person.
g) Controller or controller responsible for the processing
Controller or controller responsible for the processing is the
natural or legal person, public authority, agency or other body which,
alone or jointly with others, determines the purposes and means of the
processing of personal data; where the purposes and means of such
processing are determined by Union or Member State law, the controller
or the specific criteria for its nomination may be provided for by
Union or Member State law.
h) Processor
Processor is a natural or legal person, public authority, agency or
other body which processes personal data on behalf of the controller.
i) Recipient
Recipient is a natural or legal person, public authority, agency or
another body, to which the personal data are disclosed, whether a third
party or not. However, public authorities which may receive personal
data in the framework of a particular inquiry in accordance with Union
or Member State law shall not be regarded as recipients; the processing
of those data by those public authorities shall be in compliance with
the applicable data protection rules according to the purposes of the
processing.
j) Third party
Third party is a natural or legal person, public authority, agency
or body other than the data subject, controller, processor and persons
who, under the direct authority of the controller or processor, are
authorised to process personal data.
k) Consent
Consent of the data subject is any freely given, specific, informed
and unambiguous indication of the data subject's wishes by which he or
she, by a statement or by a clear affirmative action, signifies
agreement to the processing of personal data relating to him or her.
2. Name and Address of the controller
Controller for the purposes of the General Data Protection
Regulation (GDPR), other data protection laws applicable in Member
states of the European Union and other provisions related to data
protection is:
METROPOLITAN Import-Export Brackel GmbH & Co. KG
Viertelbachstr. 4 85652 Pliening
Germany
Email: metropolitan-muenchen@t-online.de
Website: www.metropolitanclassic.com
3. Collection of general data and information
The website of the METROPOLITAN Import-Export Brackel GmbH & Co.
KG collects a series of general data and information when a data
subject or automated system calls up the website. This general data and
information are stored in the server log files. Collected may be (1)
the 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 referrers), (4) the sub-websites, (5)
the date and time of access to the Internet site, (6) an Internet
protocol address (IP address), (7) the Internet service provider of the
accessing system, and (8) any other similar data and information that
may be used in the event of attacks on our information technology
systems.
When using these general data and information, the METROPOLITAN
Import-Export Brackel GmbH & Co. KG does not draw any conclusions
about the data subject. Rather, this information is needed to (1)
deliver the content of our website correctly, (2) optimize the content
of our website as well as its advertisement, (3) ensure the long-term
viability of our information technology systems and website technology,
and (4) provide law enforcement authorities with the information
necessary for criminal prosecution in case of a cyber-attack.
Therefore, the METROPOLITAN Import-Export Brackel GmbH & Co. KG
analyzes anonymously collected data and information statistically, with
the aim of increasing the data protection and data security of our
enterprise, and to ensure an optimal level of protection for the
personal data we process. The anonymous data of the server log files
are stored separately from all personal data provided by a data subject.
4. Routine erasure and blocking of personal data
The data controller shall process and store the personal data of the
data subject only for the period necessary to achieve the purpose of
storage, or as far as this is granted by the European legislator or
other legislators in laws or regulations to which the controller is
subject to.
If the storage purpose is not applicable, or if a storage period
prescribed by the European legislator or another competent legislator
expires, the personal data are routinely blocked or erased in
accordance with legal requirements.
5. Rights of the data subject
a) Right of confirmation
Each data subject shall have the right granted by the European
legislator to obtain from the controller the confirmation as to whether
or not personal data concerning him or her are being processed. If a
data subject wishes to avail himself of this right of confirmation, he
or she may, at any time, contact any employee of the controller.
b) Right of access
Each data subject shall have the right granted by the European
legislator to obtain from the controller free information about his or
her personal data stored at any time and a copy of this information.
Furthermore, the European directives and regulations grant the data
subject access to the following information:
- the purposes of the processing;
- the categories of personal data concerned;
- the recipients or categories of recipients to whom the personal
data have been or will be disclosed, in particular recipients in third
countries or international organisations;
- where possible, the envisaged period for which the personal data
will be stored, or, if not possible, the criteria used to determine
that period;
- the existence of the right to request from the controller
rectification or erasure of personal data, or restriction of processing
of personal data concerning the data subject, or to object to such
processing;
- the existence of the right to lodge a complaint with a supervisory authority;
- where the personal data are not collected from the data subject, any available information as to their source;
- the existence of automated decision-making, including profiling,
referred to in Article 22(1) and (4) of the 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.
Furthermore, the data subject shall have a right to obtain
information as to whether personal data are transferred to a third
country or to an international organisation. Where this is the case,
the data subject shall have the right to be informed of the appropriate
safeguards relating to the transfer.
If a data subject wishes to avail himself of this right of access,
he or she may, at any time, contact any employee of the controller.
c) Right to rectification
Each data subject shall have the right granted by the European
legislator to obtain from the controller without undue delay the
rectification of inaccurate personal data concerning him or her. Taking
into account the purposes of the processing, the data subject shall
have the right to have incomplete personal data completed, including by
means of providing a supplementary statement.
If a data subject wishes to exercise this right to rectification, he
or she may, at any time, contact any employee of the controller.
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d) Right to erasure (Right to be forgotten)
Each data subject shall have the right granted by the European
legislator to obtain from the controller the erasure of personal data
concerning him or her without undue delay, and the controller shall
have the obligation to erase personal data without undue delay where
one of the following grounds applies, as long as the processing is not
necessary:
- The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
- The data subject withdraws consent to which the processing is based
according to point (a) of Article 6(1) of the GDPR, or point (a) of
Article 9(2) of the GDPR, and where there is no other legal ground for
the processing.
- The data subject objects to the processing pursuant to Article
21(1) of the GDPR and there are no overriding legitimate grounds for
the processing, or the data subject objects to the processing pursuant
to Article 21(2) of the GDPR.
- The personal data have been unlawfully processed.
- The personal data must be erased for compliance with a legal
obligation in Union or Member State law to which the controller is
subject.
- The personal data have been collected in relation to the offer of
information society services referred to in Article 8(1) of the GDPR.
If one of the aforementioned reasons applies, and a data subject
wishes to request the erasure of personal data stored by the
METROPOLITAN Import-Export Brackel GmbH & Co. KG, he or she may, at
any time, contact any employee of the controller. An employee of
METROPOLITAN Import-Export Brackel GmbH & Co. KG shall promptly
ensure that the erasure request is complied with immediately.
Where the controller has made personal data public and is obliged
pursuant to Article 17(1) to erase the personal data, the controller,
taking account of available technology and the cost of implementation,
shall take reasonable steps, including technical measures, to inform
other controllers processing the personal data that the data subject
has requested erasure by such controllers of any links to, or copy or
replication of, those personal data, as far as processing is not
required. An employees of the METROPOLITAN Import-Export Brackel GmbH
& Co. KG will arrange the necessary measures in individual cases.
e) Right of restriction of processing
Each data subject shall have the right granted by the European
legislator to obtain from the controller restriction of processing
where one of the following applies:
- The accuracy of the personal data is contested by the data subject,
for a period enabling the controller to verify the accuracy of the
personal data.
- The processing is unlawful and the data subject opposes the erasure
of the personal data and requests instead the restriction of their use
instead.
- The controller no longer needs the personal data for the purposes
of the processing, but they are required by the data subject for the
establishment, exercise or defence of legal claims.
- The data subject has objected to processing pursuant to Article
21(1) of the GDPR pending the verification whether the legitimate
grounds of the controller override those of the data subject.
If one of the aforementioned conditions is met, and a data subject
wishes to request the restriction of the processing of personal data
stored by the METROPOLITAN Import-Export Brackel GmbH & Co. KG, he
or she may at any time contact any employee of the controller. The
employee of the METROPOLITAN Import-Export Brackel GmbH & Co. KG
will arrange the restriction of the processing.
f) Right to data portability
Each data subject shall have the right granted by the European
legislator, to receive the personal data concerning him or her, which
was provided to a controller, in a structured, commonly used and
machine-readable format. He or she shall have the right to transmit
those data to another controller without hindrance from the controller
to which the personal data have been provided, as long as the
processing is based on consent pursuant to point (a) of Article 6(1) of
the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract
pursuant to point (b) of Article 6(1) of the GDPR, and the processing
is carried out by automated means, as long as the processing is not
necessary for the performance of a task carried out in the public
interest or in the exercise of official authority vested in the
controller.
Furthermore, in exercising his or her right to data portability
pursuant to Article 20(1) of the GDPR, the data subject shall have the
right to have personal data transmitted directly from one controller to
another, where technically feasible and when doing so does not
adversely affect the rights and freedoms of others.
In order to assert the right to data portability, the data subject
may at any time contact any employee of the METROPOLITAN Import-Export
Brackel GmbH & Co. KG.
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g) Right to object
Each data subject shall have the right granted by the European
legislator to object, on grounds relating to his or her particular
situation, at any time, to processing of personal data concerning him
or her, which is based on point (e) or (f) of Article 6(1) of the GDPR.
This also applies to profiling based on these provisions.
The METROPOLITAN Import-Export Brackel GmbH & Co. KG shall no
longer process the personal data in the event of the objection, unless
we can demonstrate compelling legitimate grounds for the processing
which override the interests, rights and freedoms of the data subject,
or for the establishment, exercise or defence of legal claims.
If the METROPOLITAN Import-Export Brackel GmbH & Co. KG
processes personal data for direct marketing purposes, the data subject
shall have the right to object at any time to processing of personal
data concerning him or her for such marketing. This applies to
profiling to the extent that it is related to such direct marketing. If
the data subject objects to the METROPOLITAN Import-Export Brackel GmbH
& Co. KG to the processing for direct marketing purposes, the
METROPOLITAN Import-Export Brackel GmbH & Co. KG will no longer
process the personal data for these purposes.
In addition, the data subject has the right, on grounds relating to
his or her particular situation, to object to processing of personal
data concerning him or her by the METROPOLITAN Import-Export Brackel
GmbH & Co. KG for scientific or historical research purposes, or
for statistical purposes pursuant to Article 89(1) of the GDPR, unless
the processing is necessary for the performance of a task carried out
for reasons of public interest.
In order to exercise the right to object, the data subject may
contact any employee of the METROPOLITAN Import-Export Brackel GmbH
& Co. KG. In addition, the data subject is free in the context of
the use of information society services, and notwithstanding Directive
2002/58/EC, to use his or her right to object by automated means using
technical specifications.
h) Automated individual decision-making, including profiling
Each data subject shall have the right granted by the European
legislator not to be subject to a decision based solely on automated
processing, including profiling, which produces legal effects
concerning him or her, or similarly significantly affects him or her,
as long as the decision (1) is not is necessary for entering into, or
the performance of, a contract between the data subject and a data
controller, or (2) is not authorised by Union or Member State law to
which the controller is subject and which also lays down suitable
measures to safeguard the data subject's rights and freedoms and
legitimate interests, or (3) is not based on the data subject's
explicit consent.
If the decision (1) is necessary for entering into, or the
performance of, a contract between the data subject and a data
controller, or (2) it is based on the data subject's explicit consent,
the METROPOLITAN Import-Export Brackel GmbH & Co. KG shall
implement suitable measures to safeguard the data subject's rights and
freedoms and legitimate interests, at least the right to obtain human
intervention on the part of the controller, to express his or her point
of view and contest the decision.
If the data subject wishes to exercise the rights concerning
automated individual decision-making, he or she may, at any time,
contact any employee of the METROPOLITAN Import-Export Brackel GmbH
& Co. KG.
i) Right to withdraw data protection consent
Each data subject shall have the right granted by the European
legislator to withdraw his or her consent to processing of his or her
personal data at any time.
If the data subject wishes to exercise the right to withdraw the
consent, he or she may, at any time, contact any employee of the
METROPOLITAN Import-Export Brackel GmbH & Co. KG.
6. Legal basis for the processing
Art. 6(1) lit. a GDPR serves 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 for the
performance of a contract to which the data subject is party, as is the
case, for example, when processing operations are necessary for the
supply of goods or to provide any other service, the processing is
based on Article 6(1) lit. b GDPR. The same applies to such processing
operations which are necessary for carrying out pre-contractual
measures, for example in the case of inquiries concerning our products
or services. Is our company subject to a legal obligation by which
processing of personal data is required, such as for the fulfillment of
tax obligations, the processing is based on Art. 6(1) lit. c GDPR.
In rare cases, the processing of personal data may be necessary to
protect the vital interests of the data subject or of another natural
person. This would be the case, for example, if a visitor were injured
in our company 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(1) lit. d
GDPR.
Finally, processing operations could be based on Article 6(1) lit. f
GDPR. This legal basis is used for processing operations which are not
covered by any of the abovementioned legal grounds, if processing is
necessary for the purposes of the legitimate interests pursued by our
company or by a third party, except where such interests are overridden
by the interests or fundamental rights and freedoms of the data subject
which require protection of personal data. Such processing operations
are particularly permissible because they have been specifically
mentioned by the European legislator. He considered that a legitimate
interest could be assumed if the data subject is a client of the
controller (Recital 47 Sentence 2 GDPR).
7. The legitimate interests pursued by the controller or by a third party
Where the processing of personal data is based on Article 6(1) lit.
f GDPR our legitimate interest is to carry out our business in favor of
the well-being of all our employees and the shareholders.
8. Period for which the personal data will be stored
The criteria used to determine the period of storage of personal
data is the respective statutory retention period. After expiration of
that period, the corresponding data is routinely deleted, as long as it
is no longer necessary for the fulfillment of the contract or the
initiation of a contract.
9. Provision of personal data as statutory or contractual
requirement; Requirement necessary to enter into a contract; Obligation
of the data subject to provide the personal data; possible consequences
of failure to provide such data
We clarify that the provision of personal data is partly required by
law (e.g. tax regulations) or can also result from contractual
provisions (e.g. information on the contractual partner).
Sometimes it may be necessary to conclude a contract that the data
subject provides us with personal data, which must subsequently be
processed by us. The data subject is, for example, obliged to provide
us with personal data when our company signs a contract with him or
her. The non-provision of the personal data would have the consequence
that the contract with the data subject could not be concluded.
Before personal data is provided by the data subject, the data subject
must contact any employee. The employee clarifies to the data subject
whether the provision of the 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 the
consequences of non-provision of the personal data.
10. Existence of automated decision-making
As a responsible company, we do not use automatic decision-making or profiling.
This Privacy Policy has been generated by the Privacy Policy Generator of the External Data Protection Officers that was developed in cooperation with the Media Law Lawyers from WBS-LAW.
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