Privacy policy of Tengelmann Twenty-One KG

Privacy policy of Tengelmann Twenty-One KG

a. Introduction

We (Tengelmann Twenty-One KG) take data protection and especially the protection of your personal data very seriously. Therefore, we are happy to inform you in the following sections in accordance with Art. 13 of the EU General Data Protection Regulation (GDPR), or Art. 14 GDPR, if there is no direct collection.

In the following, we would like to explain to you which data we process, for what purpose and what rights you have in this regard.

b. Controller

The controller within the meaning of Art. 4 No. 7 GDPR is the

Tengelmann Twenty-One KG
Mies-van-der-Rohe-Straße 6 80807 Munich
E-Mail: info@tengelmann21.com

The management and further information about the company can be found in our imprint.

c. Data Protection Officer

If you have any questions or suggestions about data protection, please feel free to contact our data protection officer:

Tengelmann Audit GmbH
Data protection supervisor
An der Pönt 45
40885 Ratingen
E-Mail: datenschutz@t-audit.de

d. Links to other websites on our website?

Our website contains links to websites of other providers. Tengelmann Twenty-One KG is not responsible for compliance with the statutory data protection regulations on the websites of other providers. You should therefore always check the privacy policy of the other providers.

e. Legal bases

We process personal data on the basis of legal requirements. In principle, processing can be carried out on the basis of the following legal bases, among others:

  • Art. 6 (1) (a) GDPR (consent of the data subject) or Art. 9 (2) (a) GDPR (if consent to the processing of special categories of data pursuant to Art. 9 (1) GDPR has been obtained)
  • Art. 6 (1) (b) GDPR (performance of a contractual relationship with the data subject, pre-contractual measures at the request of the data subject)
  • Art. 6 (1) (c) GDPR (fulfilment of a legal obligation)
  • Art. 6 (1) (f) GDPR (safeguarding a legitimate interest of the controller or a third party, unless the interests, fundamental rights and freedoms of the data subject which require the protection of personal data prevail)
  • Art. 49 (1) (a) GDPR (explicit consent to the transfer of personal data to third countries).

If consent serves as the legal basis for the processing, you can withdraw your consent at any time without giving reasons. In principle, the revocation only applies to the future. This means that the revocation of the declaration of consent does not render the previous processing unlawful until the receipt of the withdrawal of consent.

Information about the relevant (or additional) legal bases in each individual case is provided in the following paragraphs of this data protection declaration.

Unless otherwise stated by us, all the following data will not be passed on to third parties, unless it is a matter of technical necessity, so that the service providers commissioned by us with the technical processing process the data on our behalf.

f. Data processing when visiting our website

When you visit our website, personal data is also processed. This section provides you with an overview of which data is processed, for what purpose and on the basis of which legal basis in this context.

When our website is accessed, information such as the IP address on your end device can be accessed, but information can also be stored on your end device (e.g. in the form of cookies). If this is necessary for the technically error-free and secure provision of the website and the associated services, this is generally done on the basis of § 25 para. 2 TTDSG. Otherwise, this will be done on the basis of your consent in accordance with § 25 para. 1 TTDSG.

If access to or storage of information involves the processing of personal data, the processing is usually carried out on the appropriate legal basis in accordance with Art. 6 (1) GDPR. Further details can be found in the following passages:
When you access our website, your internet browser automatically transmits data to our web server for technical reasons. This includes, among other things, the date and time of access, URL of the referring website, file accessed, amount of data sent, browser type and version, operating system and your IP address.

The purpose of processing this data is to deliver the website to the user’s computer/browser and to ensure the functionality of the page and to optimize it for the respective user, which can also be done with the help of so-called session cookies. Without the processing, the provision of the homepage would not be technically possible. These purposes also constitute the legitimate interest in data processing pursuant to Art. 6 (1) lit. f GDPR on the part of Tengelmann Twenty-One KG. The standard also represents the legal basis for the processing.
The data will be deleted and therefore no longer stored on our servers as soon as it is no longer necessary to achieve the purpose for which it was collected, which is usually the case at the end of your session. It is not possible for us to assign this data to a specific person.

No further cookies will be set.

SSL or TLS encryption

This site uses SSL or TLS encryption for security reasons and to protect transmission. You can recognize an encrypted connection by the fact that the address bar of the browser changes from [http://]http:// to [https://]https:// and by the lock symbol in your browser line.

If SSL or TLS encryption is activated, the data you transmit to us cannot usually be read by third parties.

g. Processing of personal data when contacting us

We have provided information on how to contact us via various means (e.g. on this homepage, on business cards or in e-mail signatures). In the most common cases, the indication of the contact options serves to enable (potential) business partners to better address their concerns to us. If you would like to apply for an advertised position, we will provide you with a separate privacy policy in the course of the application process.

If the purpose of contacting you directly is to initiate a contract prior to a contract or to perform a contract, the legal basis for the processing is Art. 6 (1) (b) GDPR. In addition, Art. 6 (1) (f) GDPR can be used as a legal basis with regard to data that is also transmitted: The personal data you enter will only be used to contact you or to process you. To deal with your request adequately. Therefore, we also have the necessary legitimate interest in the processing.

If you are not a contractual partner yourself, but e.g. an employee of a (potential/current/former) business partner, personal data will be processed – if necessary – for the initiation, fulfilment or termination of a business relationship on the basis of the legitimate interest in accordance with Art. 6 (1) (f) GDPR. Efficient communication for the economic fulfilment of our business purpose as well as for the mutual fulfilment of (pre-)contractual obligations arising from (potential) business relationships represents both our legitimate interest and – at least in part – the legitimate interest of our business partners.

If the contact is based on your consent, the legal basis for the processing is Art. 6 (1) (a) GDPR. You have the right to withdraw your consent at any time without giving reasons.

Access to the personal data obtained in the course of communication is only granted to those persons who need it to fulfil the lawful purposes of the processing. External third parties will only receive personal data that we have received in the course of communication with you if this is either technically necessary (e.g. telecommunications providers or IT service providers) or for the adequate processing of the process (e.g. postal or parcel service providers). We select and use external service providers in accordance with internal data protection standards and the corresponding legal requirements (e.g. the conclusion of corresponding contracts in accordance with Art. 28 GDPR for processors, if necessary).

As a matter of principle, we do not regularly transfer personal data to a third country (countries outside the European Union or the European Economic Area) or an international organisation. However, depending on the respective location of the subscribers at the time of communication and the selected telecommunications service, a data transfer to a third country (e.g. the USA) cannot be ruled out.

After the purpose has ceased to exist, your data will be deleted, unless there are legitimate reasons to the contrary, e.g. statutory retention periods (Art. 6 para. 1 lit. c GDPR) or a legitimate interest according to Art. 6 para. 1 lit. f GDPR (e.g. processing of any queries or examination, assertion, exercise or defence of legal claims).

Communication via Microsoft Teams
We use the Microsoft Teams tool to conduct video conferences or, in some cases, telephone calls and, if necessary, to exchange documents and other content. The following categories of personal data may be processed when using Microsoft Teams, among others:

  • Information about the user (e.g. name/display name, e-mail address)
  • Communication metadata (e.g., date, time, meeting ID, IP address, phone number)
  • Content data from text, audio and video data and other transmitted files.

For the processing of personal data in the context of electronic communications, Microsoft Corporation with Microsoft Teams as an OTT service (over-the-top service or interpersonal telecommunications service) is subject to data protection and protection of privacy in telecommunications (“telecommunications secrecy”) in accordance with Part 2 of the TTDSG and is accordingly responsible for it.

We are responsible for any further processing resulting from communication via Microsoft Teams (e.g. via the invitation function, video recordings or document exchange). Accordingly, Microsoft acts as a processor for us in this regard. Therefore, we would like to draw your attention to the following functions and possibilities:

You can decide whether you want your camera and/or microphone to be on or off at any time during a Teams session. Furthermore, it is up to you whether or not to share content, although you can cancel the sharing at any time.

If you use the chat function, your personal data contained in the chat texts will be processed and the other participants will also be aware of this content. It is technically possible for participants to make a recording via Teams of this meeting during an online meeting. In such a case, you will be notified immediately of the recording and can object to the recording with the meeting participants. After the online meeting, the recording will be saved in Microsoft Teams. The recording can then be shared with other participants.

Processing of personal data in the context of the use of Teams in third countries (countries outside the European Union and the European Economic Area) is generally not intended, as we have obliged Microsoft Corporation to limit the storage location to data centers in the European Union. However, we cannot rule out the possibility that data is routed via Internet servers located outside the EU. This may be the case in particular if participants in a meeting are in a third country.

Microsoft Corporation uses EU standard contractual clauses to ensure an adequate level of data protection when processing/transferring personal data to third countries (e.g. USA). Microsoft’s parent company, Microsoft Corporation, is based in the United States. For the USA, there is an adequacy decision of the European Commission on the EU-U.S. Data Privacy Framework, provided that the respective companies are certified accordingly. The US Microsoft parent company has been certified accordingly. We have no influence on the scope of the data processed by Microsoft on its own responsibility, the type of processing and use or the disclosure of this data to third parties. We also have no effective control options in this respect.

If you do not want to use Microsoft Teams, please let us know by e-mail so that we can agree on other communication channels together.

For more information about Microsoft’s privacy policy, please visit the homepage of Microsoft Corporation (external link): https://privacy.microsoft.com/de-de/privacystatement

h. Social-Media

LinkedIn Company Profile

We are active and present on LinkedIn with a company profile in order to communicate with users and interested parties in our company and, for example, to be able to inform them about job offers or services from us.

Please note that we are not responsible for the processing carried out independently by LinkedIn. LinkedIn’s relevant data protection declarations and any contract you may have concluded with LinkedIn apply. LinkedIn’s German privacy policy can be found under the following (external) link: LinkedIn’s privacy policy. We would also like to point out that personal data processed in the course of visiting LinkedIn may also be transmitted to so-called third countries (countries outside the European Union and the European Economic Area), where other legal data protection regulations apply and thus the legally required level of data protection may be lower than in the European Union. You can also find information on this in LinkedIn’s privacy policy.

When you visit our LinkedIn profile, you are not obliged to actively provide us with personal data. We may only process personal data that you make public (e.g. real names in the user profile) and are directly related to activities on our company profile (e.g. posts, posts, likes, tags, etc.) or have been provided by you in the course of communication with us.

Depending on the facts of the case, the purposes of the processing can be either market research and advertising purposes or effective communication with users as well as the processing of the respective concerns of the users or general public relations. These purposes also represent our legitimate interest and thus the legal basis pursuant to Art. 6 (1) (f) GDPR for the processing of the associated personal data. If communication via LinkedIn with you takes place at your request for the performance of a contract with you or for the implementation of pre-contractual measures, this also constitutes the corresponding legal basis pursuant to Art. 6 (1) (b) GDPR for the processing of your personal data from communication with you.

Please note that communication with us via LinkedIn is handled via LinkedIn’s infrastructure, over which we have only limited influence in terms of security. Therefore, should you wish to provide us with more detailed or confidential information, please contact us directly through our company’s own communication channels.

LinkedIn may also provide us with statistically processed data with or without personal reference (via the so-called “Page Insights”), which we use to evaluate user behavior in relation to our company profile. This data may provide us, for example, with information about followers, the number of views or likes, and demographic data (such as the country of the users). We have no influence on the collection and provision of the data. The processing and provision of the data takes place exclusively by LinkedIn. The evaluation of the data provided by us with regard to user and interaction behaviour serves to measure success and thus to specifically control our activities on LinkedIn, which at the same time represents our legitimate interest in accordance with Art. 6 (1) (f) GDPR.

With regard to the processing of personal data in the context of our company profile on LinkedIn, both we and LinkedIn Ireland Unlimited Company, Wilton Place, Dublin 2, Ireland, are jointly controllers.

You can file data protection complaints against LinkedIn under the following (external) link: Contact | LinkedIn Help.

Further information on the scope and processing of personal data as well as the duration of processing can be found in LinkedIn’s privacy policy and LinkedIn’s terms of use (external links). More information on the joint responsibility described above can be found here (external link).

i. Rights of Data Subjects

To the extent that we process your personal data, you have the following rights vis-à-vis us in relation to the processing of your personal data, which you can assert against us at any time:

Right to information, deletion and correction
Within the framework of the applicable legal provisions, you have the right at any time to free information (Art. 15 GDPR) about your processed personal data as well as to further information in accordance with Art. 15 (1) (a) to (h) GDPR. Furthermore, you may have a right to rectification (Art. 16 GDPR) or deletion (Art. 17 GDPR) of this data. The right to erasure may be limited in the cases pursuant to Art. 17 (3) GDPR (e.g. if the data is necessary for the assertion, exercise or defence of legal claims).

Right to restriction of processing
You have the right to request the restriction (or blocking) of the processing (Art. 18 GDPR) of your personal data. The right to restriction of processing exists in cases of Art. 18 (1) (a) to (d) GDPR.

If the processing of your personal data has been restricted, this data may only be processed with your consent or for the establishment, exercise or defence of legal claims, or for the protection of the rights of another natural or legal person, or for reasons of important public interest of the European Union or of a Member State.

Right to data portability
You have the right to have the personal data concerning you, which we process automatically on the basis of your consent or in fulfilment of a contract, handed over to you or to a third party in a common, machine-readable format (Art. 20 GDPR). If you request the direct transfer of the data to another controller, this will only be done to the extent that it is technically feasible.

Right to object to processing
If we process your personal data on the basis of legitimate interests (Art. 6 para. 1 lit. f GDPR) (including any profiling), you have the right to object to the processing of your personal data at any time on grounds arising from your particular situation (Art. 21 GDPR). We will then no longer process your data for this purpose(s) unless our interests worthy of protection prevail or the processing serves to assert, exercise or defend legal claims. Notwithstanding the foregoing, in the case of direct marketing, you may object to the processing of your personal data at any time without giving any reason. This also applies to any profiling, insofar as it is related to such direct advertising.

Right to withdraw consent
If consent serves as the legal basis for the processing, the consent can be revoked at any time without giving reasons (Art. 7 para. 3 GDPR). In principle, the revocation only applies to the future. This means that the revocation of the declaration of consent does not render the previous processing unlawful until the receipt of the withdrawal of consent.

Right to lodge a complaint with a supervisory authority
If you believe that a violation of the GDPR has occurred, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, your place of work or the place of the alleged infringement (Art. 77 GDPR). The right of appeal exists without prejudice to other administrative or judicial remedies. The supervisory authority responsible for us is the Bavarian State Office for Data Protection Supervision (BayLDA), Ansbach.

To exercise your rights, please contact us, the contact details can be found under the details of the responsible body and data protection officer.

If the rights of data subjects are asserted, personal data will also be processed in this context to respond to the request. The processing of personal data is carried out in order to comply with a legal obligation on the basis of Art. 6 (1) (c) GDPR.

i. Other Disclosures

Obligation to provide personal data
An obligation to provide personal data may result from contracts concluded or concluded, insofar as this is necessary for the conclusion or execution of the contract. Legal obligations can also lead to the collection/processing of personal data. In principle, however, the provision of personal data is voluntary, but please note that, depending on the individual case, we cannot fulfill/provide certain measures/services without the provision of appropriate data

Automated decision-making
Automated decision-making or profiling in accordance with Art. 22 GDPR does not take place in the context of the facts described above.

Reservation of change
We reserve the right to change security and data protection measures if this becomes necessary, for example due to technical developments. In these cases, we will also adjust our privacy policy accordingly. Adjustments to our services, internal processes or legal developments may also lead to an adjustment of the privacy policy.