HOB Privacy Statement
We are very pleased about your interest in our company. Data protection has a particularly high priority for the management of HOB. The HOB web pages can generally be used without the need of providing any personal data. However, if a data subject wishes to use our company’s special services through our website, personal data processing may be required. If the processing of personal data is required and there is no legal basis for such processing, we generally seek the consent of the data subject.
Personal data is any information relating to an identified or identifiable natural person (hereinafter the “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.1.2 Data subject
A data subject is any identified or identifiable natural person whose personal data is processed by the controller.1.3 Processing
Processing means 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, organization, structuring, 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 means the marking of stored personal data with the aim of limiting their processing in the future.1.5 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 analyze or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements.1.6 Pseudonymization
Pseudonymization 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 organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.1.7 Controller
Controller 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.1.8 Processor
Processor means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.1.9 Recipient
Recipient means 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.1.10 Third party
Third party means 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 authorized to process personal data.1.11 Consent
Consent of the data subject means 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 within the meaning of the General Data Protection Regulation, other data protection laws in the Member States of the European Union and other regulations of a data protection character is:
HOB GmbH & Co. KG
3. Collection of general data and information
The website of HOB collects a series of general data and information each time the website is accessed by a data subject or an automated system. This general data and information are stored in the log files of the server. The following data may be collected: (1) browser types and versions used, (2) the operating system used by the accessing system, (3) the web page from which an accessing system accesses our website (referrer), (4) the sub-websites, which are accessed via an accessing system on our website (5) the date and time of access to the website, (6) an Internet protocol (IP) address, (7) the accessing system’s Internet service provider and (8) other similar data and information used in the event of attacks on our information technology systems. HOB does not use this general data and information to draw any conclusions about the identity of the data subject. Instead, this information is required to (1) correctly deliver the contents of our website, (2) to optimize the content of our website as well as advertisement, (3) to ensure the continued functioning of our information technology systems and the technology of our website, and (4) to provide law enforcement authorities with the information necessary for prosecution in the event of a cyberattack. This anonymously collected data and information are therefore statistically and further evaluated by HOB with the aim of increasing data protection and data security in our company in order to ultimately ensure the best possible 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. Registration on our website
The data subject has the option to register on the website of the controller by providing personal data. The personal data to be provided to the controller will be defined by the respective input form used for the registration. The personal data entered by the data subject are collected and stored solely for internal use by the controller and for its own purposes. The controller may arrange for the transfer to one or more processors, such as a parcel service, who also uses the personal data only for internal use on behalf of processing of the controller. By registering on the website of the controller, the IP address assigned by the Internet service provider (ISP) of the data subject, the date and time of registration are also stored. This data is stored for the sole purpose of preventing misuse of our services and for use in clarification of committed offenses as needed. In this respect, the storage of this data is required to safeguard the controller. Such data is not disclosed to third parties unless there is a legal obligation to do so or its disclosure serves the purpose of law enforcement.
The newsletters of HOB contain counting pixels. A counting pixel is a miniature graphic that is embedded in such e-mails that are sent in HTML format to enable log file recording and log file analysis. This allows a statistical evaluation of the success or failure of online marketing campaigns. Based on the embedded pixel, HOB can detect if and when an e-mail was opened by a data subject and which links in the e-mail they clicked. Such personal data collected by counting pixels contained in the newsletters will be stored and evaluated by the controller in order to optimize the delivery of newsletters and to better adapt the content of future newsletters to the interests of the data subject.
This personal data will not be disclosed to third parties. Data subjects are at any time entitled to revoke their separate declaration of consent issued with the double-opt-in procedure. After revocation, this personal data will be deleted by the controller. Unsubscribing from the newsletter automatically indicates a withdrawal to HOB.
7. Subscription to our newsletter
Users are given the option to subscribe to our company’s newsletter on HOB’s website. The personal data which will be transmitted to the controller when the newsletter is subscribed to is contained within the registration form used for this purpose. HOB informs its customers and business partners at regular intervals by means of a newsletter about company offers. The newsletter of our company can only be received by the data subject if (1) the data subject has a valid e-mail address and (2) the data subject registers for the newsletter. To start receiving newsletters, a confirmation e-mail will be sent to the e-mail address entered initially by a data subject as part of the double-opt-in procedure for legal reasons. This confirmation e-mail is used to check whether the owner of the e-mail address authorized receipt of the newsletter as the data subject. As part of the newsletter subscription process, we also store the IP address of the computer system used by the data subject at the time of registration as well as the date and time of registration as assigned by the Internet service provider (ISP).
The collection of this data is necessary in order to be able to trace any (possible) misuse of a data subject’s e-mail address at a later date and therefore serves as legal safeguards for the controller. The personal data collected during the newsletter registration process will be used exclusively to mail our newsletter. Subscribers to the newsletter may also be notified by e-mail if this is necessary for the operation of the newsletter service or registration, as might be the case in the event of changes to the newsletter or technical changes. Personal data collected as part of the newsletter service will not be passed on to third parties. Subscription to our newsletter may be terminated by the data subject at any time. The consent to the storage of personal data that the data subject has granted us for the newsletter service can be revoked at any time. There is a link in each newsletter for the purpose of revoking consent. It is also possible to unsubscribe from the newsletter at any time, directly on the controller’s website or to inform the controller in a different way about this revocation.
8. Contact via the website
Due to legal regulations, the HOB website contains information that enables quick electronic contact with our company as well as direct communication with us, which also includes a general address for electronic mail (e-mail address). If a data subject contacts the controller by e-mail or through a contact form, the personal data provided by the data subject will be saved automatically. Such personal data, voluntarily transmitted by an individual to the controller, is stored for the purposes of processing or contacting the data subject. Such personal data will not be disclosed to third parties.
9. Rights of the data subject9.1 Right to confirmation
Each data subject shall have the right as conferred by the European Regulatory Authority to require the controller to confirm whether personal data relating to him/her is being processed. If a data subject wishes to make use of this confirmation right, they can contact our data protection officer or another employee of the controller at any time.9.2 Right to information
Any data subject shall have the right as conferred by the European Regulatory Authority to obtain information on the personal data stored about him/her from the controller free of charge and a copy of that information at any time. Furthermore, the European Regulatory Authority has entitled the data subject to receive the following information:
- the processing purposes
- the categories of personal data being processed
- the recipients or categories of recipients to whom the personal data have been disclosed or are going to be disclosed, in particular to recipients in third countries or to international organizations
- if possible, the planned personal data storage duration or, if that is not possible, the criteria for determining that duration
- the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing concerning the data subject or to object to processing
- the existence of a right to lodge a complaint with a supervisory authority if the personal data is not collected from the data subject: all available information about the origin of the data
- the existence of automated decision-making including profiling referred to in Article 22 (1) and (4) GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject
Any data subject shall have the right as conferred by the European Regulatory Authority to demand the immediate rectification of inaccurate personal data concerning him/her. Furthermore, the data subject shall have the right to request the completion of incomplete personal data, including by means of a supplementary declaration, taking into account the purposes of the processing. If an data subject wishes to exercise their right of rectification, they can contact our data protection officer or another employee of the controller at any time.9.4 Right to erasure (right to be forgotten)
The data subject shall have the right as conferred by the European Regulatory Authority 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:
- 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 on which the processing is based according to point (a) of Article 6(1) GDPR, or point (a) of Article 9(2) GDPR, and where there is no other legal ground 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 was unlawfully processed.
- The personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
- The personal data was collected in relation to the offer of information society services referred to in Article 8 (1) GDPR.
The data subject shall have the right as conferred by the European Regulatory Authority 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 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 defense of legal claims.
- The data subject has objected to processing pursuant to Article 21 (1) GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
You have the right to demand that you receive the data related to you which you have provided to us in accordance with Article 20 GDPR and request their transmission to other controllers. To enforce this right to data portability, the data subject may contact the data protection officer appointed by HOB or another employee at any time.9.7 Right to object
Any data subject shall have the right as conferred by the European Regulatory Authority to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her as based on point (e) or (f) of Article 6 (1) GDPR. This also applies to profiling based on these provisions. HOB will cease to the process personal data in the event of an objection, unless we can prove compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defense of legal claims. If HOB 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 also applies to profiling insofar as it is associated with such direct marketing. If the data subject objects to HOB’s data processing for direct marketing purposes, the personal data shall no longer be processed for such purposes. In addition, where personal data are processed by HOB for scientific or historical research purposes or statistical purposes pursuant to Article 89 (1) GDPR, the data subject, on grounds relating to his or her particular situation, shall have the right to object to processing of personal data concerning him or her, 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 the HOB’s data protection officer or another employee directly. In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, the data subject may exercise his or her right to object by automated means using technical specifications.9.8 Automated individual decision-making, including profiling
Any data subject shall have the right as conferred by the European Regulatory Authority 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 (1) is necessary for entering into, or performance of, a contract between the data subject and a data controller, or (2) is authorized 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) with the explicit consent of the data subject. If the decision (1) is required for the conclusion or performance of a contract between the data subject and the controller or (2) it takes place with the explicit consent of the data subject, HOB 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 to contest the decision. If the data subject wishes to exercise his or her right with regard to automated decision-making, the data subject may contact our data protection officer or other employee of the controller at any time.9.9 Right to revoke consent to data processing
The data subject shall have the right as conferred by the European Regulatory Authority to withdraw his or her consent at any time If the data subject wishes to exercise his or her right to withdraw consent, the data subject may contact our data protection officer or another employee of the controller at any time.
10. Data protection in applications and in the application process
The controller collects and processes the personal data of applicants for the purpose of handling the application process. The processing can also be done electronically. This is particularly the case if an applicant submits corresponding application documents to the controller by electronic means, for example, by e-mail or via a web form available on the website. If the controller concludes a contract of employment with an applicant, the transmitted data will be stored for the purposes of the employment relationship in accordance with the law. If no employment contract is concluded with the candidate by the controller, the
application documents will be automatically deleted two months after the notification of the rejection decision, unless deletion precludes other legitimate interests of the controller. Other legitimate interests in this sense includes, for example, a burden of proof in a procedure under the German General Equal Treatment Act (AGG).
11. Data protection regulations for the use of Google Analytics (with anonymization function)
12. Data protection regulations for the use of Matomo (formerly Piwik)
If you do not agree with the storage and evaluation of this data from your visit, then you can object to the storage and use hereafter at any time with one mouse click. In this case, an opt-out cookie will be stored in your browser, with the result that Matomo does not collect any session data. Note: If you delete your cookies, the opt-out cookie will be deleted as well and may need to be reactivated by you.
13. Legal basis of processing
Article 6 (1) (a) GDPR serves our company as the legal basis for processing operations where we obtain consent for a particular processing purpose. If the processing of personal data is necessary to fulfill a contract of which the data subject is a party, as is the case, for example, in processing operations necessary for the supply of goods or the provision of any other service or payment, processing shall be based on Article 6 (1) (b) GDPR. The same applies to processing operations that are necessary to carry out pre-contractual steps, for example, in cases of inquiries regarding our products or services. If our company is subject to a legal obligation which requires the processing of personal data, such as the fulfillment of tax obligations, the processing is based on Article 6 (1) (c) GDPR. In rare cases, the processing of personal data may be required to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor to our premises were injured and his or her name, age, health insurance 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 Article 6 (1) (d) GDPR. Finally, processing operations could be based on Article 6 (1) (f) GDPR. This is the legal basis for any processing operations that are not covered by any of the above legal bases but where 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. Such processing operations are particularly permitted because they have been specifically mentioned by the European Legislator. In that regard, the European Legislator considered that a legitimate interest could be assumed if the data subject is a customer or client of the controller (Recital 47, sentence 2 GDPR). 32. Legitimate interests in the processing being pursued by the controller or by a third party on Article 6 (1) (f) GDPR is the legal basis for the processing of personal data in our legitimate interest of conducting our business for the benefit of all of our employees and our shareholders.
14. Duration for which the personal data is stored
The criterion for the duration of personal data storage is the respective statutory retention period. After expiration of the statutory retention period, the corresponding data will be routinely deleted, if the data are no longer required to fulfill the contract or to initiate a contract.
15. Legal or contractual provisions for the provision of personal data; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of non-provision
We inform you hereby that the provision of personal data is partly required by law (such as tax regulations) or can also result from contractual regulations (such as information about the contracting party). Occasionally, it may be necessary for a contract to be concluded that a data subject provides us with personal data that must subsequently be processed by us. For example, the data subject is required to provide us with personal data when our company enters into a contract with him/her. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Before the data subject provides data to us, the data subject must contact our data protection officer. Our data protection officer 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 required for the conclusion of the contract, if there is an obligation to provide the personal data and what would be the consequence of the non-provision of the personal data.
16. Existence of automated decision-making
As a responsible company, we refrain from automatic decision-making or profiling.