Thank you for your interest in our company. Privacy is of particular importance to the management of TESTEM Gesellschaft für Mess- und Datentechnik mbH, hereinafter referred to as TESTEM. The use of TESTEM's website is generally possible without the disclosure of any personal data. However, if a person wishes to make use of special services of our company via our website, it may be necessary to process personal data. If the processing of personal data is necessary, we generally obtain the consent of the affected person.
TESTEM, responsible for the processing of personal data, has implemented numerous technical and organisational measures to ensure that the personal data processed via this website is protected as completely as possible. Among other things, browsers are always redirected to an encrypted data connection when the website is accessed. Nevertheless, electronic data transmissions can have security gaps, so absolute protection cannot be guaranteed. For this reason, every person concerned is free to transmit personal data to us in various ways, for example by telephone, e-mail, encrypted Jabber chat or by post.
TESTEM's privacy statement is based on the terms used in the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be easy to read and understand both for the public and for our customers and business partners. To ensure this, we would like to explain the terms used in advance.
We use the following terms, among others, in this data privacy statement:
a) Individual-related Data
Individual-related data is all information relating to an identified or identifiable natural person (hereinafter "person concerned"). Identifiable is a natural person who can be identified directly or indirectly, in particular by assignment to an identifier such as a name, an identification number, location data, an online identifier or one or more special characteristics that express the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
b) Person Concerned
Person concerned is any identified or identifiable natural person whose personal data is processed by the data processor.
Processing means any operation or series of operations carried out with or without the aid of automated procedures in relation to personal data, such as the acquisition, collection, organisation, sorting, storage, adaptation or alteration, reading, retrieval, use, disclosure by transmission, dissemination or any other form of provision, comparison or linking, restriction, erasure or destruction.
d) Restriction of Processing
Restriction of processing is the marking of stored individual-related data with the aim of restricting its future processing.
Profiling is any form of automated processing of personal data consisting in the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to the performance of work, economic situation, health, personal preferences, interests, reliability, behaviour, location or relocation of that natural person.
(TESTEM does not perform any profiling)
Pseudonymisation is the processing of individual-related data in such a way that the individual-related data can no longer be assigned to a specific person concerned without the use of additional information, provided that this additional information is kept separately and is subject to technical and organisational measures which ensure that the individual-related data are not assigned to an identified or identifiable natural person.
g) Data Processor or Controller
The data processor or controller is the natural or legal person, public authority, institution or other body which alone or jointly with others decides on the purposes and means of processing personal data.
h) Contracting Processors
Processor is a natural or legal person, authority, institution or other body that processes personal data on behalf of the data processor.
Recipient is a natural or legal person, authority, institution or other body to which personal data is disclosed, regardless of whether it is a third party or not. However, authorities which may receive personal data under Union law or the law of the Member States within the scope of a particular investigation mandate shall not be regarded as recipients.
j) Third Parties
A third party is a natural or legal person, authority, institution or other body other than the data subject, the data processor, the contracting processors and the persons authorised to process the personal data under the direct responsibility of the data processor or the contracting processor.
Consent shall mean any informed and unequivocal expression of will voluntarily given by the individual in the particular case in the form of a statement or other clear affirmative act by which the person concerned indicates his or her consent to the processing of his or her personal data.
2. Name and Address of the Data Processor
The person responsible within the meaning of the Basic Data Protection Regulation, other data protection laws in force in the Member States of the European Union and other provisions of a data protection nature is:
TESTEM Gesellschaft für Mess- und Datentechnik mbH
Hoflach Nr. 5
D - 82239 Alling OT Hoflach
3. Name and address of the Data Protection Officer
The data protection officer of the data processor is:
D - 82239 Alling OT Hoflach
Any person concerned can contact our data protection officer directly with any questions or suggestions regarding data protection.
For example, the setting of the language on our website.
The person concerned can prevent the setting of cookies by our website at any time by means of an appropriate setting of the Internet browser used and thus permanently object to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via an Internet browser or other software programs. This is possible in all common Internet browsers. If the person concerned deactivates the setting of cookies in the Internet browser used, not all functions of our website may be fully useable.
5. Collection of general data and information
The TESTEM website collects a range of general data and information each time a person concerned or an automated system accesses the website. This general data and information is stored in the log files of the server. The following types of data may be recorded: (1) the type and version of browser used, (2) the operating system used by the accessing system, (3) the website from which the accessing system accesses our website (so-called referrers), (4) the sub-sites accessed via an accessing system on our website, (5) the date and time of access to the website, (6) an Internet protocol address (IP address) and (7) the Internet service provider of the accessing system.
This data is pseudonymised by our web host (the last 4 digits of the IP are randomised and the correlation between the data points 1-7 is not stored) and stored for a period of 3 years.
When using this general data and information, TESTEM does not draw any conclusions about the person concerned. Rather, this information is required to (1) correctly deliver the contents of our website and to optimize it, (2) to ensure the long-term functionality of our information technology systems and the equipment running our website, and (3) to provide law enforcement authorities with the information necessary for criminal prosecution in the event of a cyber attack. This anonymously collected data and information is therefore evaluated by TESTEM both statistically and with the aim of increasing data protection and data security in our company in order to ultimately ensure an optimum level of protection for the personal data processed by us. The anonymous data of the server log files are stored separately from all personal data provided by a person concerned.
6. Registration on our website
A registration on our Internet presence is not possible, since we presently offer no services that would make this necessary.
TESTEM does not have a regular newsletter because their products and customer interests are too diverse. However, customers can agree to receive news about certain products at irregular intervals. Such a consent is assumed according to § 7 Abs.3 UWG, if the customer has acquired one of our products. Customers can revoke such consent at any time.
In the case of relevant news about a product group, customers may be informed about these once if they have not yet expressed a preference, and at the same time receive the opportunity to register for further news by opting in via a link contained therein, or via another contact option. If a customer does not accept this, this will be treated as if the customer had expressed the wish not to receive further communication.
8. Possibility of contact via the website
The website of TESTEM contains, due to legal regulations, information which allows a quick electronic contact to our company as well as a direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a person concerned contacts the data controller by e-mail or via a contact form, the personal data transmitted by the person concerned is automatically stored. Such personal data transmitted voluntarily by a person concerned to the data controller is stored for the purposes of processing or contacting the data subject. This personal data will not be passed on to third parties.
9. Routine deletion and blocking of personal data
The data controller processes and stores personal data of the person concerned only for the period of time necessary to achieve the storage purpose or to the extent that this has been prescribed by the European directive and regulation giver or another legislator in laws or regulations to which the data controller is subject.
If the storage purpose no longer applies or if a storage period prescribed by the European directive and regulation giver or another competent legislator expires, the personal data shall be blocked or deleted routinely and in accordance with the legal regulations.
10. rights of the data subject
a) Right to confirmation
Any person concerned has the right under the European directive and regulation to obtain from the controller confirmation as to whether personal data concerning him or her is being processed. If a data subject wishes to exercise this right of confirmation, he or she may contact an employee of the data controller at any time.
b) Right to information
Any person concerned by the processing of personal data has the right, granted by the European directive and regulation maker, to obtain at any time, free of charge, from the data controller, information on the personal data relating to him which has been stored and a copy of that information. In addition, the European Directive and Regulation Body has granted the person concerned access to the following information:
the purposes of the processing
the categories of personal data processed
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
if possible, the planned duration for which the personal data will be stored or, if that is not possible, the criteria for determining that duration
the existence of a right to the rectification or erasure of personal data concerning him or her or to the limitation of the processing carried out by the controller or of a right to object to such processing
the existence of a right of appeal to a supervisory authority
if the personal data is not collected from the person concerned: All available information on the origin of the data
the existence of automated decision-making, including profiling, in accordance with Article 22(1) and (4) of the Data Protection Regulation and, at least in these cases, meaningful information on the logic involved and the scope and intended impact of such processing on the data subject
The person concerned shall also have a right of access to information as to whether personal data has been transferred to a third country or to an international organisation. If this is the case, the data subject also has the right to obtain information on the appropriate safeguards in connection with the transfer.
If a data subject wishes to exercise this right of access, he or she may at any time contact a member of staff of the data controller.
(c) Right to rectification
Any person concerned by the processing of personal data has the right, granted by the European directive and regulation, to obtain the rectification without delay of inaccurate personal data concerning him or her. Furthermore, the data subject shall have the right, with regard to the purposes of the processing, to request the completion of incomplete personal data, including by means of a supplementary statement.
If a data subject wishes to exercise this right of rectification, he or she may at any time contact a member of staff of the data controller.
d) Right to deletion (right to be forgotten)
Any person concerned has the right, granted by the European directive and regulation maker, to demand that the data controller deletes personal data concerning him without delay, if one of the following reasons applies and if the processing is not necessary:
Personal data has been collected or otherwise processed for purposes for which they are no longer deemed necessary.
The data subject withdraws his consent on which the processing was based pursuant to Art. 6 para. 1 letter a DS-GVO or Art. 9 para. 2 letter a DS-GVO and there is no other legal basis for the processing.
The person concerned objects to the processing pursuant to Art. 21 para. 1 of the Data Protection Regulation and there are no overriding legitimate reasons for the processing, or the person concerned objects to the processing pursuant to Art. 21 para. 2 of the Data Protection Regulation.
The personal data has been processed in violation of the law.
The deletion of the personal data is necessary to fulfil a legal obligation under Union law or the law of the Member States to which the controller is subject.
The personal data has been collected in relation to information society services offered in accordance with Art. 8 para. 1 DS-GVO.
If one of the reasons mentioned above applies and if a data subject wishes to have personal data stored at TESTEM deleted, he or she can contact an employee of the data controller at any time. The TESTEM employee will ensure that the request for deletion is complied with promptly.
If personal data has been made public by TESTEM and if our company, as the responsible party according to Art. 17 para. 1 DS-GVO, is obliged to delete personal data, TESTEM shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform other persons responsible for data processing who process the published personal data that the person concerned has requested the deletion of all links to this personal data or copies or replications of this personal data from these other persons responsible for data processing, insofar as it is not necessary for processing. The employee of TESTEM will take the necessary steps in individual cases.
(e) Right to limitation of processing
Any person concerned by the processing of personal data has the right, granted by the European directive and regulation, to request the controller to limit the processing if one of the following conditions is met:
The accuracy of the personal data is contested by the person concerned so that the controller has time to verify the accuracy of the personal data.
The processing is unlawful and the data subject declines the deletion of the personal data and instead requests the restriction of the use of the personal data.
The controller no longer needs the personal data for the purposes of processing, but the data subject needs them for the assertion, exercise or defence of legal rights.
The data subject has lodged an objection to the processing in accordance with Art. 21 para. 1 DS-GVO and it is not yet clear whether the legitimate reasons of the data controller outweigh those of the data subject.
If one of the above mentioned conditions is given and a data subject wishes to request the restriction of personal data stored at TESTEM, he can contact an employee of the data controller at any time. The employee of TESTEM will initiate the restriction of processing.
f) Right to data transferability
Any person concerned by the processing of personal data has the right, granted by the European directive and regulation, to obtain the personal data concerning him or her provided by the person concerned to a data controller in a structured, common and machine-readable format. They also have the right to communicate this data to another data controller without being hindered by the data controller to whom the personal data have been provided, provided that the processing is based on the consent pursuant to Art. 6 para. 1 letter a DS-GVO or Art. 9 para. 2 letter a DS-GVO or on a contract pursuant to Art. 6 para. 1 letter b DS-GVO and that the processing is carried out by automated means, provided that the processing is not necessary for the performance of a task in the public interest or in the exercise of official authority entrusted to the data controller.
Furthermore, when exercising his right to data transferability pursuant to Art. 20 para. 1 DS-GVO, the data subject shall have the right to obtain that the personal data be transferred directly from one responsible party to another responsible party, insofar as this is technically feasible and insofar as this does not impair the rights and freedoms of other persons.
In order to assert the right to data transfer, the person concerned can contact a TESTEM employee at any time.
(g) Right of appeal
Any person concerned by the processing of personal data has the right granted by the European directive and regulation to object at any time, for reasons related to his/her particular situation, to the processing of personal data concerning him/her on the basis of Article 6(1)(e) or (f) of the DSGVO. This also applies to profiling based on these provisions.
TESTEM will no longer process the personal data in the event of objection, unless we can prove compelling justifiable reasons for the processing which outweigh the interests, rights and freedoms of the person concerned, or the processing serves to assert, exercise or defend legal claims.
If TESTEM processes personal data in order to carry out direct advertising, the person concerned has the right to object at any time to the processing of personal data for the purpose of such advertising. This also applies to profiling insofar as it is connected with such direct advertising. If the data subject objects to TESTEM processing for direct marketing purposes, TESTEM will no longer process the personal data for these purposes.
In addition, the person concerned has the right to object to the processing of personal data concerning him/her by TESTEM for scientific or historical research purposes or for statistical purposes in accordance with Art. 89 para. 1 DS-GVO for reasons arising from his particular situation, unless such processing is necessary for the performance of a task in the public interest.
In order to exercise the right to object, the person concerned may directly contact any TESTEM employee or another employee. The person concerned is also free to exercise, in connection with the use of information society services, notwithstanding Directive 2002/58/EC, his right of objection by means of automated procedures using technical specifications.
(h) Automated case-by-case decisions including profiling
Any person concerned by the processing of personal data shall have the right, granted by the European directive and regulation maker, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects upon him or her or significantly affects him or her in a similar manner, provided that the decision (1) is not necessary for the conclusion or performance of a contract between the data subject and the data controller or (2) is authorised by Union or national law or by the Member States to which the data controller is subject and which provides for adequate measures to safeguard the rights and freedoms and the legitimate interests of the data subject or (3) is taken with the express consent of the data subject.
If the decision (1) is necessary for the conclusion or fulfilment of a contract between the person concerned and the data controller, or (2) is taken with the express consent of the person concerned, TESTEM shall take appropriate measures to safeguard the rights and freedoms and the legitimate interests of the data controller, including at least the right to have the data controller intervene, to present his or her point of view and to contest the decision.
If the data subject wishes to exercise rights relating to automated decisions, he or she may at any time do so by contacting an employee of the data controller.
i) Right to revoke consent under data protection law
Any person concerned by the processing of personal data has the right granted by the European directive and regulation to revoke consent to the processing of personal data at any time.
If the data subject wishes to exercise his or her right to withdraw consent, he or she may at any time do so by contacting an employee of the data controller.
11. Data protection for applications and in the application process
The data controller collects and processes the personal data of applicants for the purpose of processing the application procedure. Processing may also be carried out electronically. This is particularly the case if an applicant submits the relevant application documents electronically, for example by e-mail or via a web form on the website, to the data controller. If the data controller concludes an employment contract with an applicant, the data transmitted shall be stored for the purpose of processing the employment relationship in compliance with the statutory provisions. If the controller does not conclude a contract of employment with the applicant, the application documents shall be automatically deleted two months after notification of the rejection decision, unless deletion conflicts with any other legitimate interests of the controller. Other legitimate interests in this sense include, for example, the duty to provide evidence in proceedings under the General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz - AGG).