Privacy Policy

Privacy Statement / Privacy Policy

We are very pleased about your interest in our company and our products. Data protection is a particularly high priority for the management of obion GmbH. The websites of obion GmbH, which include the LogOnPlus website, can in principle be used without providing any personal data. However, if a data subject wishes to use special services of our company 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, email address or telephone number of a data subject, is always carried out in line with the General Data Protection Regulation and in accordance with the country-specific data protection regulations applicable to obion GmbH. By means of this privacy statement, our company would like to inform the general public of the nature, scope and purpose of the personal data we collect, use and process. Furthermore, this privacy statement informs data subjects of the rights to which they are entitled.

As the controller, obion GmbH has implemented numerous technical and organisational measures to ensure the most complete protection possible of the personal data processed through this website. However, internet-based data transmissions may in principle have security gaps, so absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us by alternative means, for example by telephone.

1. Definitions

The privacy statement of obion GmbH is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our privacy statement should be easy to read and understand for the general public as well as for our customers and business partners. To ensure this, we would like to explain the terms used in advance.

In this privacy statement, we use, inter alia, the following terms:

a) Personal data

Personal data means 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.

b) Data subject

A data subject is any identified or identifiable natural person whose personal data are processed by the controller.

c) Processing

Processing means any operation or set of operations which is performed on 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 means 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 means 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 means 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 means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

i) Recipient

Recipient means a natural or legal person, public authority, agency or other 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 are not regarded as recipients.

j) Third party

Third party means a natural or legal person, public authority, agency or body other than the data subject, the controller, the processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.

k) Consent

Consent means any freely given, specific, informed and unambiguous indication of the data subject’s wishes, in the form of a statement or another clear affirmative action, 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

The controller for the purposes of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union and other provisions related to data protection is:

obion GmbH, Nassauer Str. 60, 61440 Oberursel, Germany
Phone: +4961712768-0, Email: info@obion.de

3. Cookies

The websites of obion GmbH use cookies. Cookies are text files which are placed and stored on a computer system via an internet browser.

Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a character string through which websites and servers can be assigned to the specific internet browser in which the cookie was stored. This enables the websites and servers visited to distinguish the individual browser of the data subject from other internet browsers that contain other cookies. A specific internet browser can be recognised and identified by means of the unique cookie ID.

Through the use of cookies, obion GmbH can provide the users of this website with more user-friendly services that would not be possible without the setting of cookies.

By means of a cookie, the information and offers on our website can be optimised with the user in mind. As already mentioned, cookies enable us to recognise the users of our website. The purpose of this recognition is to make it easier for users to use our website. For example, the user of a website that uses cookies does not have to enter their access data each time they visit the website, because this is taken over by the website and the cookie stored on the user’s computer system. Another example is the cookie of a shopping basket in an online shop. The online shop remembers the items that a customer has placed in the virtual shopping basket by means of a cookie.

The data subject may, at any time, prevent the setting of cookies through our website by means of a corresponding setting of the internet browser used, and may thus permanently object to the setting of cookies. Furthermore, cookies that have already been set may be deleted at any time via an internet browser or other software programs. This is possible in all common internet browsers. If the data subject deactivates the setting of cookies in the internet browser used, not all functions of our website may be fully usable.

4. Collection of general data and information

The website of obion GmbH collects a series of general data and information each time the website is accessed by a data subject or an automated system. These general data and information are stored in the server log files. The following may be collected: (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 referrer), (4) the sub-pages which are 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), (7) the internet service provider of the accessing system and (8) any other similar data and information that serve to avert danger in the event of attacks on our information technology systems.

When using these general data and information, obion GmbH does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimise the content of our website and the advertising for it, (3) ensure the long-term functionality of our information technology systems and the technology of our website, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in the event of a cyberattack. These anonymously collected data and information are therefore evaluated by obion GmbH statistically on the one hand, and on the other hand with the aim of increasing data protection and data security in our company, ultimately 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.

5. Routine erasure and blocking of personal data

The controller processes and stores personal data of the data subject only for the period necessary to achieve the purpose of storage, or where this has been provided for by the European legislator or another legislator 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 the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with the statutory provisions.

6. Rights of the data subject

a) Right of confirmation

Each data subject has the right granted by the European legislator to obtain from the controller confirmation as to whether or not 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 an employee of the controller at any time.

b) Right of access

Each data subject affected by the processing of personal data has the right granted by the European legislator to obtain from the controller, at any time and free of charge, information about the personal data stored about him or her and a copy of this information. Furthermore, the European legislator has granted the data subject access to the following information:

• the purposes of the processing
• the categories of personal data that are 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
• where possible, the envisaged period for which the personal data will be stored or, if this is 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 concerning him or her, or restriction of processing, or of a right 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, pursuant to Article 22(1) and (4) 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 has the right to obtain information as to whether personal data have been transferred to a third country or to an international organisation. Where this is the case, the data subject also has the right to be informed of the appropriate safeguards relating to the transfer.

If a data subject wishes to exercise this right of access, he or she may contact an employee of the controller at any time.

c) Right to rectification

Each data subject affected by the processing of personal data has the right granted by the European legislator to obtain without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject also has the right to have incomplete personal data completed — including by means of a supplementary statement.

If a data subject wishes to exercise this right to rectification, he or she may contact an employee of the controller at any time.

d) Right to erasure (right to be forgotten)

Each data subject affected by the processing of personal data has the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay where one of the following grounds applies and insofar as the processing is not necessary:

• The personal data were collected or otherwise processed for purposes for which they are no longer necessary.
• The data subject withdraws the consent on which the processing was based pursuant to Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR, and there is no other legal ground for the processing.
• The data subject objects to the processing pursuant to Art. 21(1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Art. 21(2) GDPR.
• The personal data have been unlawfully processed.
• The erasure of the personal data is required for compliance with a legal obligation under 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 pursuant to Art. 8(1) GDPR.

If one of the aforementioned grounds applies and a data subject wishes to request the erasure of personal data stored by obion GmbH, he or she may contact an employee of the controller at any time. The employee of obion GmbH will arrange for the erasure request to be complied with without delay.

Where obion GmbH has made the personal data public and our company, as the controller, is obliged pursuant to Art. 17(1) GDPR to erase the personal data, obion GmbH, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the published personal data that the data subject has requested from these other controllers the erasure of all links to, or copies or replications of, those personal data, insofar as the processing is not necessary. The employee of obion GmbH will arrange what is necessary in the individual case.

e) Right to restriction of processing

Each data subject affected by the processing of personal data has the right granted by the European legislator to obtain from the controller restriction of processing where one of the following conditions 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 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 Art. 21(1) GDPR and it has not yet been determined 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 obion GmbH, he or she may contact an employee of the controller at any time. The employee of obion GmbH will arrange the restriction of processing.

f) Right to data portability

Each data subject affected by the processing of personal data has the right granted by the European legislator to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format. He or she also has the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where the processing is based on consent pursuant to Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR or on a contract pursuant to Art. 6(1)(b) GDPR, and the processing is carried out by automated means, 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, in exercising his or her right to data portability pursuant to Art. 20(1) GDPR, the data subject has the right to have the personal data transmitted directly from one controller to another, where technically feasible and provided that this does not adversely affect the rights and freedoms of others.

In order to assert the right to data portability, the data subject may contact an employee of obion GmbH at any time.

g) Right to object

Each data subject affected by the processing of personal data has the right granted by the European legislator to object at any time, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her which is based on Art. 6(1)(e) or (f) GDPR. This also applies to profiling based on these provisions.

In the event of an objection, obion GmbH will no longer process the personal data unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or the processing serves the establishment, exercise or defence of legal claims.

If obion GmbH processes personal data for direct marketing purposes, 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 to the extent that it is related to such direct marketing. If the data subject objects to obion GmbH to the processing for direct marketing purposes, obion GmbH 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 obion GmbH for scientific or historical research purposes or for statistical purposes pursuant to Art. 89(1) GDPR, unless such processing is necessary for the performance of a task carried out in the public interest.

In order to exercise the right to object, the data subject may contact any employee of obion GmbH or another employee directly. In connection with the use of information society services, and notwithstanding Directive 2002/58/EC, the data subject is also free to exercise his or her right to object by automated means using technical specifications.

h) Automated individual decision-making, including profiling

Each data subject affected by the processing of personal data has 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, provided that the decision (1) is not necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) is permitted under Union or Member State law to which the controller is subject and that law lays down suitable measures to safeguard the rights and freedoms and the legitimate interests of the data subject, or (3) is made with the explicit consent of the data subject.

If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) is made with the explicit consent of the data subject, obion GmbH shall implement suitable measures to safeguard the rights and freedoms and the legitimate interests of the data subject, at least the right to obtain 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 rights concerning automated decision-making, he or she may contact an employee of the controller at any time.

i) Right to withdraw data protection consent

Each data subject affected by the processing of personal data has the right granted by the European legislator 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 an employee of the controller at any time.

7. Legal basis for the processing

Art. 6(1)(a) GDPR serves as the legal basis for our company’s 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, for processing operations that are necessary for the supply of goods or the provision of any other service or consideration, the processing is based on Art. 6(1)(b) GDPR. The same applies to processing operations that are necessary for carrying out pre-contractual measures, for example in the case of enquiries concerning our products or services. If our company is subject to a legal obligation which requires the processing of personal data, such as for the fulfilment of tax obligations, the processing is based on Art. 6(1)(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 on our premises and his or her name, age, health insurance data or other vital information had to be passed on to a doctor, a hospital or other third parties. The processing would then be based on Art. 6(1)(d) GDPR. Finally, processing operations could be based on Art. 6(1)(f) GDPR. Processing operations which are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to safeguard a legitimate interest of our company or of a third party, provided that the interests, fundamental rights and fundamental freedoms of the data subject do not prevail. We are permitted to carry out such processing operations in particular because they have been specifically mentioned by the European legislator. In this respect, the legislator took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47, sentence 2 GDPR).

8. Legitimate interests in the processing pursued by the controller or by a third party

Where the processing of personal data is based on Article 6(1)(f) GDPR, our legitimate interest is to carry out our business for the benefit of the well-being of all our employees and our shareholders.

9. Period for which the personal data will be stored

The criterion used to determine the period of storage of personal data is the respective statutory retention period. After expiry of that period, the corresponding data are routinely erased, provided they are no longer required for the performance or initiation of a contract.

10. Statutory or contractual requirements to provide the personal data; necessity for the conclusion of a contract; obligation of the data subject to provide the personal data; possible consequences of failure to provide them

We would like to inform you that the provision of personal data is partly required by law (e.g. tax regulations) or may also result from contractual provisions (e.g. information on the contractual partner). In some cases, it may be necessary for the conclusion of a contract that a 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 concludes a contract with him or her. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Before personal data are provided by the data subject, the data subject must contact one of our employees. Our employee will inform the data subject on a case-by-case basis 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 what the consequences of failure to provide the personal data would be.

11. Existence of automated decision-making

As a responsible company, we do not use automated decision-making or profiling.

This privacy statement was created by the privacy statement generator of DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as an external data protection officer in Hof, in cooperation with the data protection lawyer Christian Solmecke.