Information about our data protection
We are very pleased that you are interested in our company. Data protection is of a particularly high priority for the management of our company. Our company’s website can generally be used without providing any personal data. However, if a person concerned wants to use special company services via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the person concerned.
The processing of personal data, such as name, address, e-mail address or telephone number of a data subject is always in line with the General Data Protection Regulation (DS-GVO), and in accordance with the country-specific data protection regulations applicable to the company. By means of this data protection declaration, our company would like to inform the public about the type, scope and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed of the rights to which they are entitled by means of this data protection declaration.
As the responsible instance for data processing, our company has implemented numerous technical and organizational measures to ensure the most complete protection possible for the personal data processed via this website. Nevertheless, internet-based data transmissions can generally have security gaps, so that absolute protection cannot be guaranteed. For this reason, every person concerned is free to transmit personal data to us using alternative ways, for example by telephone.
The data protection declaration of our company is based on the terms used by the European directive and regulation giver for the Enactment of the General Data Protection Regulation (DS-GVO). Our data protection declaration should be easy legible and understandable 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.
We use the following terms, among others, in this data protection declaration:
a) Personal data
Personal data is any information relating to an identified or identifiable natural person (hereinafter “data subject”). A natural person is considered to be identifiable if, directly or indirectly, in particular by means of assignment to an identifier such as a name, an identification number, location data, an online identifier or one or more specific features, the expression of the physical, physiological, genetic, psychological, economic, cultural or social identity of this natural person can be identified.
b) Data subject
Data subject is any identified or identifiable natural person whose personal data is processed by the data controlling instance.
Processing is any process carried out with or without the help of automated procedures or any such series of processes in connection with personal data such as collecting, recording, organizing, structuring, storing, adapting or changing, reading out, querying, using, disclosure by transmission, distribution or any other form of distribution, comparison or linking, restriction, deletion or destruction.
d) Restriction of data processing
Restriction of data processing is the marking of stored personal data with the aim of restricting their future processing.
Profiling is any type of automated processing of personal data, which consists in using this personal data to evaluate or predict certain personal aspects relating to a natural person, in particular aspects relating to work performance, economic situation, health, personal preferences, interests, reliability, behavior, whereabouts or relocation.
Pseudonymization is the processing of personal data in such a way that the personal data can no longer be assigned to a specific data subject without the use of additional information, provided that this additional information is kept separately and is subject to technical and organizational measures that ensure that the personal data cannot be attributed to an identified or identifiable natural person.
g) Controller or data controlling instance
The person responsible or the person responsible for data processing is the natural or legal person, authority, institution or other structure that alone or jointly with others decides on the purposes and means of processing personal data. If the purposes and means of the processing are specified by Union law or the law of the Member States, the person responsible or respectively the specific criteria for the naming of the person can be provided for by Union law or the law of the Member States.
Processor is a natural or legal person, public authority, institution or other structure that processes personal data on behalf of the person responsible.
Recipient is a natural or legal person, public authority, institution or other structure to which personal data is disclosed, regardless of whether it is a third party or not. However, authorities that may receive personal data in the context of a specific investigation mandate under Union or Member State law are not considered recipients.
j) Third party
Third party is a natural or legal person, public authority, agency or structure other than the data subject, the controller, the processor and the persons who, under the direct responsibility of the controller or the processor, are authorized to process the personal data.
Consent is any expression of will voluntarily given by the data subject in an informed manner and unequivocally for the specific case, in the form of a declaration or other clear confirmatory action with which the data subject indicates their consent to the processing of their personal data.
2. Name and address of the responsible for processing
Responsible within the meaning of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union and other provisions of a data protection nature is:
APEX Internationale Spedition GmbH
Wilhelm-Bergner-Straße 3, 21509 Glinde, Deutschland
Tel.: +49 (0)40 733 400 0, Fax: +49 (0)40 733 400 50
E-Mail: Apex@ApexSpedition.de, Website: www.apexspedition.de
3. Name and address of the data protection officer
The data protection officer of the responsible for processing is:
INTRASYS Beratungsgesellschaft für Unternehmensorganisation mbH
Ludwig-Erhard-Straße 6, 84034 Landshut, Deutschland
Tel.: 0871 9537 866, E-Mail: email@example.com
Every data subject can contact our data protection officer directly at any time with any questions or suggestions regarding data protection.
The person concerned can prevent the setting of cookies by our website at any time by means of a corresponding setting in the used Internet browser and thus permanently object to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via 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 used Internet browser, not all functions of our website may be fully usable.
5. Collection of general data and information
Our company’s website collects a series of general data and information each time the website is accessed by an affected person or an automated system. This general data and information is stored in the log files of the server. The data and information collected and recorded can consist of (1)the used browser types and versions, (2) the operating system used by the accessing system, (3) the website from which an accessing system accesses our website (so-called referrer), (4) the sub-websites, which are accessed via an accessing system on our website, (5) the time and date of accessing the website, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system and (8) other similar data and information used to avert threats in the event of attacks on our information technology systems.
When using these general data and information, our company does not draw any conclusions about the data subject. This information is rather required in order to (1) deliver the content of our website correctly, (2) optimize 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) to provide law enforcement agencies with the information necessary for prosecution and law enforcement in the event of a cyber-attack. This anonymously collected data and information is therefore evaluated by our company statistically, furthermore evaluated with the aim of increasing data protection and data security in our company in order to ultimately 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 an affected person.
6. Subscription to our newsletter
On our company’s website, users are given the opportunity to subscribe to our company’s newsletter. Which personal data is collected and transmitted to the person responsible for data processing when ordering the newsletter results from the input mask used for this purpose.
Our company regularly informs its customers and business partners by means of a newsletter about company offers. Our company’s newsletter can only be received by the person concerned if (1) the person concerned has a valid e-mail address and (2) the person concerned registers for the newsletter dispatch. For legal reasons, a confirmation e-mail using the double opt-in procedure will be sent to the e-mail address when the data subject enters the e-mail address for the very first time as the address for the newsletter dispatch. This confirmation e-mail is used to check whether the owner of the e-mail address, as the person concerned, has authorized the receiving of the newsletter.
When registering for the newsletter, we also store the IP address assigned by the Internet Service Provider (ISP) of the computer system used by the person concerned at the time of registration, as well as the time and date of registration. The collection of this data is necessary in order to be able to, at a later point in time, comprehend and reproduce the (possible) misuse of the e-mail address of a person concerned and therefore serves to provide legal protection for the person responsible for the data processing.
The personal data collected as part of registering for the newsletter will be exclusively used to dispatch our newsletter. Furthermore, subscribers to the newsletter could be informed by e-mail if this is necessary for the operation of the newsletter service or for registration in this regard, as could be the case in the event of changes regarding the newsletter offer or changes in the employed technical conditions. The personal data collected as part of the newsletter service will not be passed on to third parties. The subscription to our newsletter can be canceled by the data subject at any time. The consent to the storage of personal data that the person concerned has given us for dispatching the newsletter can be revoked at any time. For the purpose of revoking consent there is a corresponding link included in every newsletter. It is also possible to unsubscribe from the newsletter at any time, directly on the website of the person or legal entity responsible for the data processing or to inform the person responsible for data processing in any another given way.
7. Newsletter tracking
The newsletter of our company contains so-called tracking pixels. A tracking pixel is a miniature graphic that is embedded in e-mails that are sent in HTML format to enable log file recording and log file analysis. This allows the carrying out of statistical evaluations of the success or failure of online marketing campaigns. Based on the embedded tracking pixel, our company can see if and when an e-mail was opened by a data subject, and which links in the e-mail were called up by data subjects.
The personal data collected via the tracking pixels contained in the newsletters is stored and evaluated by the person responsible for data processing in order to optimize the newsletter dispatch and to even better adapt the content of future newsletters to the interests of the person concerned. This personal data will not be passed on to third parties. Affected persons are entitled to revoke at any time the separately given, via the double opt-in procedure, declaration of consent. After a revocation, this personal data will be deleted by the person responsible for data processing. We automatically interpret a withdrawal from the receipt of the newsletter as a revocation.
8. Contact option via the website
Due to legal regulations, the website of our company contains information that enables quick electronic contact to our company and direct communication with us, which also includes a general address for so-called electronic mail (e-mail address). If a person concerned contacts the person responsible for data processing by e-mail or via a contact form, the personal data transmitted by the person concerned will be automatically saved. Such personal data transmitted on a voluntary basis by a data subject to the data controller are stored for the purpose 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 person responsible for data processing will process and store the personal data of the person concerned only for the period of time necessary to accomplish the purpose of storage, or if this is required by the European directive and regulation giver, or another legislator in laws or regulations, to which the person responsible for data processing is subject to.
If the purpose of storage no longer applies or if a storage period stipulated by the European legislator for directives and regulations or another competent legislator expires, the personal data will be blocked or deleted as a matter of routine and in accordance with the statutory provisions.
10. Rights of the data subject
a) Right to Confirmation
Every data subject has the right, granted by the European directive and regulation giver, to request confirmation from the data controller as to whether personal data relating to them are being processed. If a data subject wishes to exercise this right to confirmation, they can contact the data controller or an employee of the data controller at any time.
b) Right to information
Every person affected by the processing of personal data has the right, granted by the European directive and regulation giver, to, at any time, receive free information about the personal data stored about him and a copy of this information from the person responsible for processing. Furthermore, the European legislator for directives and regulations has granted the data subject access to the following information:
– the processing purposes.
– the categories of personal data which are being 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 organizations.
– if possible, the planned duration for which the personal data will be stored, or, if this is not possible, the criteria used to determine that duration.
– the existence of the right to correction or deletion of the personal data concerning the data subject, or to restriction of processing by the person responsible, or a right to object to the processing.
– the existence of the right of appeal to a supervisory authority.
– if the personal data is not collected directly from the data subject: all available information about the origin of the data.
– the existence of automated decision-making, including profiling, in accordance with Article 22 Para.1 and 4 DS-GVO and – at least in these cases – meaningful information about the logic involved, as well as the scope and intended effects of such automated data processing for the person concerned.
Furthermore, the data subject has a right to information as to whether personal data has been transmitted to a third country or to an international organization. If this is the case, the person concerned has the right to receive information about the appropriate guarantees in connection with the data transmission.
If a data subject wishes to exercise this right to information, they can contact an employee of the data controller or the data controller at any time.
c) Right to rectification
Every person affected by the processing of personal data has the right granted by the European directive and regulation giver to demand the immediate correction of incorrect personal data concerning them. Furthermore, the data subject has the right, taking into account the purposes of the processing, to request the completion of incomplete personal data – also by means of a supplementary declaration.
If a data subject wishes to exercise this right to rectification, they can at any time contact an employee of the data controller.
d) Right to erasure (right to be forgotten)
Every person affected by the processing of personal data has the right granted by the European directive and regulation giver to demand that the person responsible for data processing deletes the personal data concerning them immediately, if one of the following reasons applies and if the processing is not necessary:
– the personal data was collected for such purposes or processed otherwise, for which it is no longer necessary.
– the data subject revokes their 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 remains no other legal basis for the processing.
– the data subject objects to the processing, pursuant to Article 21 (1) DS-GVO, and there are no overriding legitimate reasons for the processing, or the data subject files an objection to the data processing, pursuant to Article 21 (2) DS-GVO.
– the personal data has been unlawfully processed.
– erasure of the personal data is necessary in order to fulfill a legal obligation in Union or Member State law, to which the data controller is subjected to.
– the personal data was collected in relation to the services offered by the information society, in accordance with Art. 8 Para. 1 DS-GVO.
If one of the above reasons applies and a data subject wishes to have his personal data which is stored by our company, deleted, they can contact an employee of the data controller at any time. The employee of our company will ensure that the request for deletion is immediately complied with.
If the personal data has been made public by our company and if our company, as the responsible person, is obliged to delete the personal data in accordance with Art. 17 Para. 1 DS-GVO, the company will take appropriate measures, technical measures included, while taking into account the available technology and the implementation costs, in order to notify other data controllers which are processing the published personal data, that the data subject has requested those other data controllers to delete any links to, or copies or replications of that personal data, insofar as the processing is not necessary. The employee of our company will, on a case by case basis, arrange the necessary steps.
e) Right to restriction of processing
Any person affected by the processing of personal data has the right, granted by the European directive and regulation giver, to demand that the person responsible restricts the processing, if one of the following conditions is met:
– the accuracy of the personal data is contested by the data subject, for a period of time which enables the data controller to verify the accuracy of the processed personal data.
– the processing is unlawful, the data subject refuses the deletion of the personal data and instead requests the restriction of the use of the personal data.
– the person responsible no longer needs the personal data for the purposes of processing, but the data subject needs them to assert, exercise or defend legal claims.
– the data subject has lodged an objection to the processing pursuant to Article 21 (1) of the DS-GVO, pending the verification whether the legitimate grounds of the data controller override those of the data subject.
If one of the above conditions is met and data subjects wish to request the restriction of personal data stored in our company, they can contact an employee of the data controller at any time. The employee of our company will arrange the restriction of the data processing.
f) Right to data portability
Every person affected by the processing of personal data has the right, granted by the European directive and regulation giver, to receive the personal data relating to them, which the person concerned has provided to a person responsible, in a structured, common and machine-readable format. Furthermore the person concerned also has the right to transmit this data to another person responsible, without hindrance from the person responsible to whom the personal data was provided in the first place, provided that the data processing is based on the consent in accordance with Art. 6 1 Letter a DS-GVO or Art. 9 Para. Para 2 letter a DS-GVO, or on a contract in accordance with Article 6 paragraph 1 letter b DS-GVO and the processing is carried out using automated procedures, provided that the processing is not necessary for the performance of a task that is in the interest of the general public or takes place in the exercise of public authority, which has been transferred to the person responsible.
Furthermore, when exercising their right to data portability in accordance with Art. 20 Para. 1 DS-GVO, the data subject has the right to ask to have the personal data transmitted directly from one person responsible to another person responsible, insofar as this is technically feasible and provided that this does not affect the rights and freedoms of other persons.
In order to assert the right to data transferability, the person concerned can contact an employee of our company at any time.
g) Right to object
Every person affected by the processing of personal data has the right granted by the European directive and regulation giver, for reasons that arise from their particular situation, at any time, to decide against the processing of their personal data, which is based on Art. 6 para. 1 letter e or f DS-GVO to file an objection. This also applies to the profiling which is based on these provisions.
Our company does no longer process the personal data in the event of an objection, unless we can demonstrate compelling legitimate grounds for the processing that outweigh the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims.
If the company processes personal data in order to operate 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 associated with such direct advertising. If the data subject objects to the processing for direct marketing purposes done by our company, our company will no longer process the personal data for these purposes.
In addition, the data subject has the right, for reasons originating from his particular situation, to object against the processing of personal data relating to him, which is carried out in our company for scientific or historical research purposes or for statistical purposes in accordance with Art. 89 Para. 1 DS-GVO, unless such processing is necessary to fulfill a task in the interest of the general public.
In order to exercise the right to object, the data subject may directly contact any employee of the company or another employee. The data subject is also free, in connection with the use of information society services, regardless of Directive 2002/58/EC, to exercise their right to object by automated proceedings, where technical specifications are used.
h) Automated decisions in individual cases, including profiling
Any person affected by the processing of personal data has the right granted by the European legislator of directives and regulations to not be subjected to decisions based exclusively on automated processing – including profiling – which has legal effects on them or significantly affects them in a similar way, if the decision (1) is not necessary for signing or executing a contract between the data subject and the data controller, or (2) is permissible on the basis of Union or Member State legislation to which the controller is subjected and this legislation requires appropriate measures to safeguard the rights, freedoms and legitimate interests of the data subject, or (3) is carried out with the express consent of the data subject.
If the decision (1) is necessary for signing or executing a contract between the data subject and a data controller, or (2) it takes place with the data subject’s explicit consent, the company the company takes appropriate measures to safeguard the rights, freedoms and legitimate interests of the data subject, including at least the right to obtain the intervention of an employee of the controller, to express the own point of view and to contest the decision.
If the data subject wishes to assert rights relating to automated decisions, they can contact an employee of the data controller at any time.
i) Right to withdraw data protection consent
Every person affected by the processing of personal data has the right granted by the European directive and regulation giver to revoke consent to the processing of personal data at any time.
If the data subject wishes to assert their right to revoke consent, they can contact an employee of the data controller or the data controller at any time.
11. Data protection regarding applications and the application process
The person responsible for data processing collects and processes the personal data of applicants for the purpose of carrying out the application process. The processing can also take place electronically. In particular, this is the case if an applicant sends the relevant application documents electronically, for example by email or via a web form on the website, to the person responsible for processing the data. If the person responsible for processing concludes an employment contract with an applicant, the transmitted data will be stored for the purpose of processing the employment relationship in compliance with the statutory provisions. If the person responsible for processing does not conclude an employment contract with the applicant, the application documents will be automatically deleted two months after notification of the rejection decision, provided that deletion does not conflict with any other legitimate interests of the person responsible for processing. Another legitimate interest in this sense is, for example, a burden of proof in proceedings under the General Equal Treatment Act (AGG).
12. Data protection regulations for the deployment and use of Facebook
The person responsible for processing has integrated components of the company Facebook on this website. Facebook is a social network.
A social network is a social meeting place operated on the Internet, an online community that usually enables users to communicate among themselves and to interact in virtual space. A social network can serve as a platform for exchanging opinions and experiences, or it allows the Internet community to provide personal or company-related information. Among other things, Facebook enables users of the social network to create private profiles, upload photos and connect themselves and link up via friend requests.
Facebook’s operating company is Facebook, Inc., 1 Hacker Way, Menlo Park, CA 94025, USA. If a person concerned lives outside the USA or Canada, the person responsible for processing personal data is Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.
Each time one of the individual pages of this website is called up, which is operated by the person responsible for processing and onto which a Facebook component (Facebook plug-in) has been integrated, the Internet browser on the information technology system used by the person concerned, is automatically prompted by the respective Facebook component to download from Facebook a representation of the corresponding Facebook component. A complete overview of all Facebook plug-ins can be found at https://developers.facebook.com/docs/plugins/?locale=de_DE. As part of this technical process, Facebook is informed about the specific subpage of our website which is visited by the person concerned.
If the person concerned is logged on to Facebook at the same time, Facebook recognizes which specific subpage of our website the person concerned is visiting each time the person concerned calls up our website and does this for the entire duration of their stay on our website. This information is collected by the Facebook components and assigned by Facebook to the respective Facebook account of the person concerned. If the person concerned clicks on one of the Facebook buttons which are integrated on our website, for example the “Like” button, or if the person concerned posts a comment, Facebook assigns this information to the personal Facebook user account of the person concerned and stores this personal data.
Facebook receives the information via the Facebook component each time the person concerned has visited our website, if the person concerned is simultaneously logged in to Facebook and is accessing our website; this takes place regardless of whether the person concerned clicks on the Facebook component or not. If the data subject does not want this information to be transmitted to Facebook in this way, they can prevent the transmission by logging out of their Facebook account before accessing our website.
The data policy published by Facebook, which can be accessed at https://de-de.facebook.com/about/privacy/, provides information about the collection, processing and use of personal data by Facebook. There it is also explained which setting options are offered by Facebook in order to protect the privacy of the data subject. Furthermore, there are various applications available that make it possible to suppress data transmission to Facebook. Such applications can be used by the person concerned to suppress data transmission to Facebook.
13. Legal Basis for Processing
Art. 6 I lit. a DS-GVO serves our company as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary in order to fulfill a contract of which the data subject is party, as is the case, for example, when processing operations that are necessary for the delivery of goods or the provision of other services or considerations, the processing is based on Art. 6 I lit. b DS-GVO. The same applies to such processing operations that are necessary to carry out pre-contractual measures, for example in the case of inquiries about 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 Art. 6 I lit. c DS-GVO. In rare cases, the processing of personal data could become necessary in order to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were to be injured on the premises of our company and his name, age, health insurance data 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 Art. 6 I lit. d DS-GVO. Ultimately, processing operations could be based on Art. 6 I lit. f DS-GVO. Processing operations that are not covered by any of the aforementioned legal bases are based on Art. 6 I lit. f DS-GVO, if the processing is necessary to protect a legitimate interest of our company or a third party, provided that the interests, fundamental rights and fundamental freedoms of the person concerned do not prevail. Such processing operations are to us in particular permitted because they have been mentioned specifically 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 person responsible (recital 47 sentence 2 DS-GVO).
14. Legitimate interests in processing pursued by the controller or a third party
If the processing of personal data is based on Article 6 I lit. f DS-GVO, our legitimate interest is conducting our business for the benefit of all our employees and our shareholders.
15. Duration of storing of personal data
The criterion for the duration of the storage of personal data is the respective statutory retention period. After the deadline has expired, the corresponding data will be routinely deleted, provided that it is no longer required to fulfill or initiate contracts.
16. Statutory or contractual requirements for providing the 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 clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual regulations (e.g. information on the contractual partner). Sometimes it may be necessary for the conclusion of a contract that a person concerned makes personal data available to us, which subsequently must be processed by us. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with them. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject must contact one of our employees. Our employee informs 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 contract conclusion, whether there is an obligation to provide the personal data and what consequences can be expected if the personal data were not provided.
17. Existence of automated decision-making
As a responsible company, we do not use automatic decision-making or profiling.
This data protection declaration was created by the data protection declaration generator of the DGD Deutsche Gesellschaft für Datenschutz GmbH.