Data Protection Notice According to Article 13 DS-GVO
1. Name and Contact Details of the Body Responsible for Data Processing
Responsible person:
MOTORTECH GmbH
Hunaeusstrasse 5
29227 Celle
Phone: +49 5141 9399 0
Fax: +49 5141 9399 99
E-mail: motortech@motortech.de
Web: www.motortech.de
Managing Director: Jonathan Whitehead
2. Data Protection Officer of the Company
Christian Volkmer
Project 29 GmbH & Co. KG
Ostengasse 14
93047 Regensburg
E-mail: anfrage@projekt29.de
Web: www.projekt29.de
3. Categories of Personal Data
We collect the following information from you:
- Surname, first name
- Position and department
- Photo (portrait, group photos, etc.)
- Birthday
The data required for the processing of employees in our company includes, in particular, your master data (especially first and last name, name affixes, nationality), your contact data (especially private address, mobile and landline number, e-mail address), other data from the employment relationship, such as time recording data, vacation times, periods of incapacity for work, skills data, social data, bank details, social security number, pension insurance number, salary data, tax identification number. e.g. time recording data, vacation periods, periods of incapacity for work, skill data, social data, bank details, social security number, pension insurance number, salary data, tax identification number, special health data and any criminal records) as well as log data that is generated when using the IT systems.
4. Purpose and Legal Basis of the Processing
Data is collected for the purpose of internal information (employee ID card, employee photo wall, intranet, e-mail correspondence, employee meeting, etc.), external marketing and for the purpose of keeping a chronicle of MOTORTECH GmbH.
The primary purpose of data processing is to establish, implement and terminate the employment relationship. The relevant legal basis for this is Art. 6 para. 1 b) GDPR in conjunction with Section 26 para. 1 BDSG. In addition, collective agreements (group, general and works agreements as well as collective bargaining agreements) pursuant to Art. 6 para. 1 b) in conjunction with Art. 88 para. 1 GDPR may be used. Art. 88 para. 1 GDPR in conjunction with Section 26 (4) BDSG and, if applicable, your separate consents pursuant to Art. 6 (1) a), 7 GDPR in conjunction with Section 26 (2) BDSG. Section 26 (2) BDSG (e.g. in the case of video recordings) as a data protection permission regulation.
We also process your data in order to fulfill our legal obligations as an employer, in particular in the area of tax and social security law. This is done on the basis of Art. 6 para. 1 c) GDPR in conjunction with SECTION 26 BDSG.
If necessary, we also process your data on the basis of Art. 6 para. 1 f) GDPR in order to protect our legitimate interests or those of third parties (e.g. authorities). This applies in particular to the investigation of criminal offenses (legal basis 26 para. 1 sentence 2 BDSG) or within the Group for the purposes of Group management, internal communication and other administrative purposes.
Insofar as special categories of personal data are processed in accordance with Art. 9 para. 1 GDPR, this serves the exercise of rights or the fulfillment of legal obligations under employment law, social security law and social protection (e.g. disclosure of health data to the health insurance company, recording of severe disability due to additional leave and determination of the severely disabled levy) within the scope of the employment relationship. This is done on the basis of Art. 9 para. 2 b) GDPR in conjunction with Section 26 para. 3 BDSG. In addition, the processing of health data for the assessment of your ability to work in accordance with Art. 9 para. 2 h) in conjunction with 22 para. 1 b) BDSG may be necessary.
In addition, the processing of special categories of personal data may be based on consent in accordance with Art. 9 para. 2 a) GDPR in conjunction with Section 26 (2) BDSG (e.g. company health management).
The legal basis for the processing is your consent in accordance with Art. 6 para. 1 lit. a DS-GVO.
5. Transmission of Data to Third Parties
A transmission of your data takes place to print service providers. In addition, the data will be uploaded on the Internet (e.g. to the socia media channels of MOTORTECH GmbH).
If we use service providers to fulfill our contractual and legal obligations, they will also receive the necessary data.
We also transfer your data to other recipients if this is necessary to fulfill our contractual and legal obligations. These are, in particular, the social insurance institutions, the health insurance fund, the pension insurance, professional pension institutions, the employment agency, the employers' liability insurance association, the tax authorities, accident and liability insurers, courts, banks, competent bodies in order to be able to guarantee claims from the company pension scheme or capital-forming benefits, third-party debtors in the event of wage and salary garnishment or insolvency administrators in the event of personal insolvency.
We would like to point out that pictures used in publications, e.g. in sales documents, customer magazines, social networks or similar in the Internet can be accessed worldwide. Therefore, further use of the pictures by third parties cannot generally be excluded.
6. Duration of Storage
The data is stored permanently. The storage is based on a legitimate interest of MOTORTECH GmbH in its own contemporary historical documentation.
The storage period of the data collected is limited to the employment relationship. We will delete your personal data as soon as it is no longer required for the above-mentioned purposes. After termination of the employment relationship, the data will be stored and then deleted in accordance with the statutory or official retention periods, which result from the German Commercial Code and the German Fiscal Code, among others. The storage periods thereafter are up to ten years. In addition, personal data may be stored for the statutory limitation period of three or up to 30 years if claims can be asserted against us.
7. Your Data Subject Rights
As a data subject according to DS-GVO you have the following rights:
- Right to information
- Right of rectification
- Right to cancellation or limitation of processing
- Right to appeal to a supervisory authority
A general deletion of the published photos from the Internet cannot be guaranteed, because e.g. search engines may have included the photos in their index or other Internet sites may have copied the photos. If a group photo is published, the later revocation of an individual person does not generally lead to the removal of the photo.
The supervisory authority responsible for us is:
The State Commissioner for Data Protection of Lower Saxony
Prinzenstrasse 5
30159 Hannover