1.1 Personal data
Personal data are “any information relating to an identified or identifiable natural person (hereinafter ‘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” (GDPR Art. 4(1)).
1.2 Data subject
Data subject means any identified or identifiable natural person whose personal data are processed by the controller.
Processing is any operation or set of operations which is performed upon personal data, by automatic means or otherwise, such as collection, recording, organisation, filing, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
1.4 Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of limiting their future processing.
Profiling is any form of automated processing of personal data which involves the use of personal data to evaluate certain personal aspects relating to a natural person, in particular, to analyse or predict aspects relating to that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or change of location.
Pseudonymisation is the processing of personal data where the personal data can no longer be attributed to a specific data subject without the addition of further information. This additional information is kept separately, subject to technical and organisational measures to ensure that the personal data is not attributed to an identified or identifiable natural person.
1.7 Controller or party responsible for data processing
The controller or party responsible for data 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.
Processor means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
Recipient means a natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not a third party. However, authorities that may receive personal data in the context of a specific investigation mandate under Union or Member State law shall not be considered as recipients.
1.10 Third party
Third party means any natural or legal person, public authority, agency or other body other than the data subject, the controller, the processor and the persons who, under the direct authority of the controller or the processor, are authorised to process the personal data.
Consent means any freely given, specific and informed indication of the wishes of the data subject, in the form of a declaration or other unambiguous affirmative act, by which the data subject signifies agreement to the processing of personal data relating to him or her.
2. Name and address of the controller
Controller in the sense of the GDPR is:
WIMEX Agrarprodukte Import und Export GmbH
Feldstraße 5, 06388 Baasdorf
Phone: +49 (0)3496 400-30
Fax: +49 (0)3496 400-315
3. Contact details of our external data protection officer
Mr Michael Gruber
Phone: +49 (0)941 46 29 09 29
Any data subject may contact our data protection officer directly with any questions or suggestions regarding data protection.
5. Collection of general data and information
The web server of WIMEX Agrarprodukte Import und Export GmbH collects a series of general data and information whenever a data subject or automated system calls up the website. This general data and information is stored in the server’s log files. Recorded data may include: types and versions of browsers used, the operating system used by the accessing system, the website from which a system accesses our website, the sub-domains accessed via a system on our website, the date and time of access to the website, an internet protocol address (IP address), the internet service provider of the accessing system, and other similar data and information that serve to avert danger in the event of attacks on our IT systems. When using these general data and information, WIMEX Agrarprodukte Import und Export GmbH does not draw any conclusions about the data subject. Rather, this information is needed to deliver the content of our website correctly, to optimise the content of our website and its advertisement, to ensure the permanent functionality of our information technology systems and the technology of our website, and to provide law enforcement authorities with the information necessary for prosecution in the event of a cyber-attack. WIMEX Agrarprodukte Import und Export GmbH analyses anonymously collected data statistically, and also with the aim of increasing the data protection and data security of our company, so that we can ultimately ensure an optimum level of protection for the personal data we process. The anonymous data of the server log files are stored separately from any personal data provided by a data subject.
6. Contact via the website
Due to legal regulations, the website of our company contains information that enables fast electronic contact with our company and direct communication with us and includes a general electronic mail address (email address). If a data subject contacts the controller by email or via an online contact form, the personal data transmitted by the data subject will be stored automatically. Such personal data provided on a voluntary basis by a data subject to the controller will be stored for the purposes of processing or contacting the data subject. This personal data will not be passed on to third parties.
7. Routine deletion and blocking of personal data
The controller shall process and store personal data of the data subject only for the time necessary to achieve the purpose of the processing or where provided for by law in laws or regulations to which the controller is subject. If the purpose of storage no longer applies or if a storage period prescribed by law expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.
8. Rights of the data subject
8.1 Right to confirmation
Any data subject has the right to obtain from the controller confirmation as to whether personal data concerning him or her are being processed. If a data subject wishes to exercise this right of confirmation, he or she may contact our data protection officer or another employee of the controller at any time.
8.2 Right to information
Any person affected by the processing of personal data has the right to obtain from the controller, free of charge, information on the stored personal data relating to him/her, and a copy of that information, together with the information listed below:• 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, in the case of recipients in third countries or international organisations• if possible, the planned duration for which the personal data will be stored, or, if this is not possible, the criteria for determining this duration• the existence of a right to rectify or erase the personal data concerning them or to have the processing restricted by the controller or to object to such processing• the existence of a right of appeal to a supervisory authority• if the personal data are not collected from the data subject: all available information about the origin of the data• the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) GDPR and – at least in these cases – meaningful information about the logic involved and the scope and intended effects of such processing for the data subject. Furthermore, the data subject has a right to be informed as to whether personal data have been transferred to a third country or to an international organisation. Moreover, where this is the case, the data subject has the right to obtain information on the appropriate safeguards relating to the transfer. If a data subject wishes to exercise this right to information, he or she may contact our data protection officer at any time.
8.3 Right to rectification
Any person affected by the processing of personal data has the right to obtain the immediate rectification of inaccurate personal data relating to him/her. Furthermore, the data subject has the right to obtain, taking into account the purposes of the processing, the completion of any incomplete personal data, including by means of a supplementary declaration. If a data subject wishes to exercise this right of rectification, he or she may contact our data protection officer at any time.
8.4 Right to erasure (right to be forgotten)
Any person affected by the processing of personal data has the right to demand of the controller the erasure without delay of personal data concerning him or her, where one of the following reasons applies and insofar as the processing is not necessary:• The personal data have been collected or otherwise processed for purposes for which they are no longer necessary.• The data subject revokes the consent on which the processing was based pursuant to Article 6(1)(a) or Article 9(2)(a) GDPR and there is no other legal basis for the processing.• The data subject objects to the processing pursuant to Article 21(1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) GDPR.• The personal data have been processed unlawfully.• The deletion of the personal data is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.• The personal data was collected in relation to the information society services offered in accordance with Article 8(1) GDPR. If one of the aforementioned reasons applies, and a data subject wishes to arrange for the deletion of personal data stored by our company, he or she may contact our data protection officer at any time. Our data protection officer will ensure that the request for deletion is complied with immediately. If the personal data have been made public by our company, and if our company as a controller is obliged to erase the personal data pursuant to Article 17(1) GDPR, our company shall take reasonable measures, including technical measures, to inform other data controllers which process the published personal data, taking into account the available technology and the cost of implementation, that the data subject has requested from those other data controllers the erasure of all links to the personal data or to copies or replications of the personal data, unless the processing is necessary. The data protection officer will do what is necessary in individual cases
8.5 Right to restriction of processing
Any person affected by the processing of personal data has the right, granted by the European Directive and the Regulation legislation, to obtain from the controller the restriction of processing where one of the following conditions is met:• 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, the data subject objects to the erasure of the personal data and requests instead the restriction of the use of the personal data.• The controller no longer needs the personal data for the purposes of the processing, but the data subject needs it for the establishment, exercise or defence of legal claims.• The data subject has lodged an objection to the processing pursuant to Article 21(1) GDPR, and it is not yet clear 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 personal data stored by our company, he or she may contact our data protection officer at any time. The data protection officer will arrange the restriction of the processing.
8.6 Right to data portability
Any person affected by the processing of personal data has the right to obtain the personal data relating to him or her, provided by the data subject to a controller, in a structured, commonly used and machine-readable format. He/she also has the right to transmit this data to another controller without the hindrance of the controller to whom the personal data was made available, provided that the processing is based on consent pursuant to Article 6(1)(a) or Article 9(2)(a) GDPR or on a contract pursuant to Article 6(1)(b) GDPR and the processing is carried out with the aid of automated procedures, unless the processing is 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, when exercising his or her right to data portability pursuant to Article 20(1) GDPR, the data subject has the right to demand that the personal data be transferred directly from one controller to another controller, where technically feasible and provided that this does not adversely affect the rights and freedoms of other individuals. In order to assert the right to data portability, the data subject may, at any time, contact the data protection officer appointed by us.
8.7 Right to object
Any person affected by the processing of personal data has the right to object at any time, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her carried out on the basis of Article 6(1)(e) or (f) GDPR. This also applies to profiling based on these provisions. Our company 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 our company processes personal data for the purpose of direct marketing, the data subject has the right to object at any time to the processing of personal data for such marketing. This also applies to profiling, insofar as it is connected with such direct marketing. If the data subject objects to our company processing their data for direct marketing purposes, we 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 the processing of personal data concerning him or her which is carried out by our enterprise for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) GDPR, unless such processing is necessary for the performance of a task carried out in the public interest. To exercise the right to object, the data subject may contact the data protection officer directly.
8.8 Automated individual decision-making, including profiling
Any person affected by the processing of personal data has the right 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, unless the decision is necessary for entering into, or for the performance of, a contract between the data subject and the controller, or is authorised by Union or Member State law to which the controller is subject and which also lays down adequate measures to safeguard the data subject’s rights and freedoms and legitimate interests, or if the decision is based on the data subject’s explicit consent. If the decision is necessary for entering into, or for the performance of, a contract between the data subject and the data controller, or if it is made with the data subject’s explicit consent, our company shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, which include at least the right to demand human intervention on the part of the controller, to express his or her point of view, and to contest the decision. If the data subject wishes to exercise the rights concerning automated decisions, he or she may contact our data protection officer at any time.
8.9 Right to revoke consent under data protection law
Any person affected by the processing of personal data has the right to withdraw consent to the processing of personal data at any time. If the data subject wishes to exercise the right to withdraw consent, he or she may contact our data protection officer at any time.
9. Data protection in employment applications and in the application procedure
The controller collects and processes the personal data of applicants for the purpose of managing the application procedure. The processing may also be carried out by electronic means. This is particularly the case if an applicant sends the relevant application documents to our company electronically, for example, by email or via an online form on the website. If our company concludes an employment contract with an applicant, the data transmitted will be stored for the purpose of processing the employment relationship in compliance with the statutory provisions. If our company does not conclude an employment contract with the applicant, the application documents will be automatically deleted 6 months after notification of the rejection decision, provided that no other legitimate interests of the controller conflict with such deletion. Another legitimate interest in this sense is, for example, a duty to provide evidence in proceedings under the General Act on Equal Treatment (AGG).
11. Responsible data protection supervisory authority
Saxony-Anhalt State Commissioner for Data Protection
39104 Magdeburg / Germany
Phone: +49 (0)391 81803-0
Fax: +49 (0)391 81803-33
last change 01.2021