Data protection
We are very pleased about your interest in our company. The management of Embers Call Center & Marketing GmbH places a particularly high priority on data protection.
Use of the Embers Call Center & Marketing GmbH website is generally possible without providing any personal data. However, if a data subject wishes to use special services provided by our company via our website, the processing of personal data may become necessary. If the processing of personal data is required and there is no legal basis for such processing, we will generally obtain the consent of the data subject.
The processing of personal data – for example, the name, address, email address, or telephone number of a data subject – is always carried out in accordance with the General Data Protection Regulation (GDPR) and with the country-specific data protection regulations applicable to Embers Call Center & Marketing GmbH.
Through this privacy policy, our company aims to inform the public about the nature, scope, and purpose of the personal data we collect, use, and process. Furthermore, data subjects are informed of their rights under this privacy policy.
As the data controller, Embers Call Center & Marketing GmbH has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. Nevertheless, 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 via alternative means, e.g., by telephone.
1. Definitions
This privacy policy is based on the terminology used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our aim is to ensure this policy is easy to read and understand for the public, our customers, and our business partners.
We use the following terms, among others, in this policy:
a) Personal data
Personal data means any information relating to an identified or identifiable natural person (“data subject”). An identifiable natural person is one who can be identified, directly or indirectly, by reference to an identifier such as a name, ID number, location data, online identifier, or one or more specific factors relating to their physical, physiological, genetic, mental, economic, cultural, or social identity.b) Data subject
A data subject is any identified or identifiable natural person whose personal data is processed by the controller.c) Processing
Processing means any operation or set of operations performed on personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation, retrieval, consultation, use, disclosure by transmission, alignment, restriction, erasure, or destruction.d) Restriction of processing
Restriction of processing is the marking of stored personal data to limit its future processing.e) Profiling
Profiling refers to any form of automated processing of personal data to evaluate certain personal aspects—especially to analyze or predict aspects such as job performance, economic situation, health, preferences, reliability, behavior, or location.f) Pseudonymization
Pseudonymization means processing personal data in such a way that it can no longer be attributed to a specific data subject without additional information, provided that such additional information is kept separately and is subject to appropriate technical and organizational safeguards.g) Controller or data controller
The controller is the natural or legal person, public authority, agency, or other body that determines the purposes and means of processing personal data.h) Processor
A processor is a natural or legal person, public authority, agency, or other body that processes personal data on behalf of the controller.i) Recipient
A recipient is a natural or legal person, public authority, agency, or other body to whom personal data is disclosed, whether or not a third party.j) Third party
A third party is any person or body other than the data subject, controller, processor, or those authorized to process data under the controller’s direct authority.k) Consent
Consent is any freely given, specific, informed, and unambiguous indication of the data subject’s wishes by which they signify agreement to the processing of personal data.
2. Name and Address of the Data Controller
The data controller within the meaning of the General Data Protection Regulation (GDPR) and other applicable data protection laws is:
Embers Call Center & Marketing GmbH
Schwarzottstraße 2a/2
2620 Neunkirchen
Austria
Tel.: +43 2635 / 90 190
E-Mail: office-at@embers-group.com
Website: www.embers-group.com
and
Embers Call Center & Marketing GmbH
Leitzstraße 45
70469 Stuttgart
Germany
Tel.: +49 711 / 899 89 002
E-Mail: office-de@embers-group.com
Website: www.embers-group.com
3. Collection of General Data and Information
The website of Embers Call Center & Marketing GmbH collects a series of general data and information whenever a data subject or an automated system accesses the website. This general data and information is stored in the server log files. Collected may be:
(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 (referrer),
(4) the subpages accessed on our website,
(5) the date and time of access,
(6) an Internet Protocol address (IP address),
(7) the internet service provider of the accessing system,
(8) and other similar data and information used for security in the event of attacks on our IT systems.
Embers Call Center & Marketing GmbH does not draw conclusions about the data subject from this data. Rather, this information is needed to:
(1) correctly deliver the content of our website,
(2) optimize the content and advertising of our website,
(3) ensure the long-term functionality of our IT systems and website technology, and
(4) provide law enforcement authorities with the necessary information in the event of a cyberattack.
This anonymously collected data and information is evaluated by Embers Call Center & Marketing GmbH both statistically and with the aim of increasing data protection and data security within our company, ultimately to ensure an optimal level of protection for the personal data we process. The anonymous data in the server log files is stored separately from any personal data provided by a data subject.
4. Routine Deletion and Blocking of Personal Data
The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage or as stipulated by the European legislator or another competent legislator in laws or regulations to which the controller is subject.
If the purpose of storage ceases to apply, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data is routinely blocked or deleted in accordance with legal requirements.
5. Rights of the Data Subject
5.1 Right to Confirmation
Every data subject has the right to obtain from the controller confirmation as to whether personal data concerning them is being processed. If a data subject wishes to exercise this right, they may contact our Data Protection Officer at any time.5.2 Right to Access
Every data subject has the right to obtain from the controller free information about their stored personal data and a copy of that information. The data subject also has the right to know:– the purposes of the processing,
– the categories of personal data concerned,
– the recipients or categories of recipients to whom the personal data have been or will be disclosed,
– the envisaged period for which the personal data will be stored,
– the existence of the right to rectification, erasure, or restriction of processing,
– the right to lodge a complaint with a supervisory authority,
– any available information about the data’s origin if not collected from the data subject,
– the existence of automated decision-making, including profiling.If a data subject wishes to exercise this right of access, they may contact our data protection officer or any other employee of the controller at any time.
5.3 Right to Rectification
The data subject has the right to request that the controller erase personal data concerning them without undue delay, where one of the following grounds applies:
the personal data is no longer necessary for the purposes for which it was collected or processed,
– the data subject withdraws consent and there is no other legal basis,
– the data subject objects to the processing and there are no overriding legitimate grounds,
– the personal data has been unlawfully processed,
– the personal data must be erased to comply with a legal obligation.If a data subject wishes to exercise this right of access, they may contact our data protection officer or any other employee of the controller at any time.
5.4 Right to Erasure (“Right to Be Forgotten”)
The data subject has the right to request that the controller erase personal data concerning them without undue delay, where one of the following grounds applies:
– the personal data is no longer necessary for the purposes for which it was collected or processed,
– the data subject withdraws consent and there is no other legal basis,
– the data subject objects to the processing and there are no overriding legitimate grounds,
– the personal data has been unlawfully processed,
– the personal data must be erased to comply with a legal obligation.If personal data has been made public by Embers Call Center & Marketing GmbH and our company, as the controller, is obliged under Article 17(1) GDPR to delete such personal data, Embers Call Center & Marketing GmbH will, taking into account the available technology and the cost of implementation, take appropriate measures, including technical measures, to inform other controllers processing the disclosed personal data that the data subject has requested the erasure of all links to, or copies or replications of, this personal data, insofar as processing is not required. The data protection officer of Embers Call Center & Marketing GmbH or another employee will take the necessary action in each individual case.
5.5 Right to Restriction of Processing
The data subject has the right to request the restriction of processing when one of the following conditions applies:– the accuracy of the personal data is contested by the data subject,
– the processing is unlawful, and the data subject opposes erasure,
– the controller no longer needs the personal data, but the data is required by the data subject for legal claims,
– the data subject has objected to processing pending verification of legitimate grounds.5.6 Right to Data Portability
The data subject has the right to receive personal data concerning them, which they have provided to a controller, in a structured, commonly used and machine-readable format and has the right to transmit this data to another controller without hindrance from the original controller.
Furthermore, when exercising their right to data portability under Article 20(1) GDPR, the data subject has the right to have their 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.
To exercise the right to data portability, the data subject may contact the data protection officer appointed by Embers Call Center & Marketing GmbH or any other employee at any time.
5.7 Right to Object
The data subject has the right to object, on grounds relating to their particular situation, at any time to processing of personal data based on Article 6(1)(e) or (f) GDPR. The controller shall no longer process the personal data unless compelling legitimate grounds override the interests of the data subject or for legal claims.
Die Embers Call Center & Marketing GmbH verarbeitet die personenbezogenen Daten im Falle des Widerspruchs nicht mehr, es sei denn, wir können zwingende schutzwürdige Gründe für die Verarbeitung nachweisen, die den Interessen, Rechten und Freiheiten der betroffenen Person überwiegen, oder die Verarbeitung dient der Geltendmachung, Ausübung oder Verteidigung von Rechtsansprüchen.
Where personal data is processed for direct marketing purposes, the data subject has the right to object at any time to such processing.
In addition, the data subject has the right, on grounds relating to their particular situation, to object to the processing of personal data concerning them by Embers Call Center & Marketing GmbH for scientific or historical research purposes or for statistical purposes pursuant to Article 89(1) GDPR, unless such processing is necessary for the performance of a task carried out in the public interest.
To exercise the right to object, the data subject may directly contact the data protection officer of Embers Call Center & Marketing GmbH or any other employee. The data subject is also free, in connection with the use of information society services and notwithstanding Directive 2002/58/EC, to exercise their right to object by means of automated procedures using technical specifications.
5.8 Automated Individual Decision-Making, Including Profiling
The data subject has the right not to be subject to a decision based solely on automated processing—including profiling—which produces legal effects concerning them or significantly affects them. This does not apply if the decision:
– is necessary for entering into, or performance of, a contract,
– is authorized by Union or Member State law,
– is based on the data subject’s explicit consent.If the data subject wishes to assert rights relating to automated decision-making, they may contact our data protection officer or any other employee of the controller at any time.
5.9 Right to Withdraw Consent
The data subject has the right to withdraw their consent to the processing of their personal data at any time.
If the data subject wishes to exercise their right to withdraw consent, they may contact our data protection officer or any other employee of the controller at any time.
6. Legal Basis for Processing
Art. 6(1)(a) GDPR serves 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 for the performance of a contract to which the data subject is party, such as processing operations necessary for the supply of goods or the provision of another service, the processing is based on Art. 6(1)(b) GDPR. The same applies to processing operations required to carry out pre-contractual measures, such as inquiries about our products or services.
If our company is subject to a legal obligation requiring the processing of personal data (e.g., 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 another natural person. This would be the case, for example, if a visitor were injured in our facilities and their data had to be passed on to medical personnel. Then, processing would be based on Art. 6(1)(d) GDPR.
Finally, processing operations may be based on Art. 6(1)(f) GDPR. This legal basis applies to processing that is not covered by any of the above if the processing is necessary for the purposes of the legitimate interests pursued by our company or a third party, provided such interests are not overridden by the interests or fundamental rights and freedoms of the data subject. Such legitimate interest may be assumed if the data subject is a customer of the controller (Recital 47 Sentence 2 GDPR).
7. Legitimate Interests Pursued by the Controller or a Third Party
Where the processing of personal data is based on Article 6(1)(f) GDPR, our legitimate interest is the performance of our business activities for the well-being of our employees and shareholders.
8. Duration of Storage of Personal Data
The criterion for determining the duration of the storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted if it is no longer required for the fulfillment or initiation of a contract.
9. Legal or Contractual Obligations to Provide Personal Data
We inform you that the provision of personal data is partially required by law (e.g., tax regulations) or can result from contractual provisions (e.g., details of the contracting party). Sometimes it may be necessary to conclude a contract that a data subject provides us with personal data, which we then need to process. The data subject is, for example, obligated to provide us with personal data when our company enters into a contract with them. Failure to provide the personal data would result in the contract not being concluded.
Before providing personal data, the data subject must contact our Data Protection Officer, who will clarify on a case-by-case basis whether the provision is legally or contractually required or necessary for the conclusion of the contract, whether there is an obligation to provide the personal data, and what the consequences of not providing the data would be.
10. COOKIES
The websites of Embers Call Center & Marketing GmbH use cookies in part, which may store personal data such as IP addresses—primarily in the B2B context (see section on Leadinfo).
11. Existence of Automated Decision-Making
As a responsible company, we do not use automatic decision-making or profiling.
This privacy policy was created using the Privacy Policy Generator of DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as an external data protection officer in Ingolstadt, in cooperation with IT and data protection law attorney Christian Solmecke.