We are very pleased about your interest in our company. Data protection is of a particularly high priority for the management of McCruit GmbH. The use of the Internet pages of the McCruit GmbH is possible without any indication of personal data. However, if a data subject wants to use special services of our enterprise via our website, processing of personal data could become necessary. If processing of personal data is necessary and if there is no legal basis for such processing, we will generally obtain the consent of the data subject.
The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation, and in accordance with the country-specific data protection regulations applicable to the McCruit GmbH. By means of this data protection declaration, our enterprise 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 their rights by means of this data protection declaration.
As the controller, the McCruit GmbH has implemented numerous technical and organisational measures to ensure the most complete protection of personal data processed through this website. Nevertheless, Internet-based data transmissions can always be subject to security vulnerabilities, so that absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us by alternative means, for example by telephone.
1. Definitions
The data protection declaration of McCruit GmbH is based on the terms used by the European Directive and Ordinance when adopting the General Data Protection Regulation (GDPR). Our data protection declaration should be easy to read and understand for the 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 means any information relating to an identified or identifiable natural person (hereinafter "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.
b) Data subject
A data subject is any identified or identifiable natural person whose personal data are processed by the controller.
(c) processing
Processing means any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organisation, filing, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
d) Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of limiting their future processing.
e) Profiling
Profiling is any type of automated processing of personal data that consists of using such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects relating to that natural person's job performance, economic situation, health, personal preferences, interests, reliability, behavior, location or change of location.
f) Pseudonymization
Pseudonymization is the processing of personal data in such a way 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 which ensure that the personal data are not attributed to an identified or identifiable natural person.
g) Controller or data controller
The controller or data processor is 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 designation may be provided for under Union or Member State law.
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
means a natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not a third party. However, public authorities that may receive personal data in the context of a specific investigative task under Union or Member State law shall not be considered as recipients.
j) Third party
Third party means a natural or legal person, public authority, agency or other body other than the data subject, the controller, the processor and the persons authorized to process the personal data under the direct responsibility of the controller or the processor.
k) Consent
Consent shall mean any freely given indication of the data subject's wishes for the specific case in an informed and unambiguous manner, in the form of a statement or any other unambiguous affirmative act by which the data subject indicates that he or she consents to the processing of personal data relating to him or her.
2. Name and address of the controller
The controller 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 with data protection character is the:
McCruit GmbH
Thierschstr. 19
80538 München
Deutschland
Phone.: +49 89 5505 4607
Email: info@mccruit.net
Website: www.mccruit.net
3. Collection of general data and information
The website of the McCruit GmbH collects a series of general data and information with each call-up of the website by a data subject or automated system. This general data and information is stored in the log files of the server. The following data may be collected: (1) the browser types and versions used, (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 that are accessed via an accessing system on our website, (5) the date and time of an access to 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 that serve to avert danger in the event of attacks on our information technology systems. When using these general data and information, the McCruit GmbH does not draw any conclusions about the data subject. Rather, this information is needed (1) to deliver the contents of our website correctly, (2) to optimize the contents of our website and the advertising for these, (3) to ensure the long-term functionality 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 cyber attack. Therefore, the McCruit GmbH analyzes anonymously collected data and information on one hand, and on the other hand, with the aim of increasing the data protection and data security of our enterprise so that we can 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 any personal data submitted by a data subject.
4. Contact possibility via the website
The website of the McCruit GmbH contains due to legal requirements information which enables a quick electronic contact to our enterprise, as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the controller by e-mail or by using a contact form, the personal data transmitted by the data subject will be stored automatically. Such personal data transmitted on a voluntary basis by a data subject to the controller will be stored for the purpose of processing or contacting the data subject. No disclosure of this personal data to third parties will take place.
5. Routine erasure and blocking of personal data
The controller processes and stores personal data of the data subject only for the period necessary to achieve the purpose of storage or where provided for by the European Directive and Regulation or other legislator in laws or regulations to which the controller is subject.
If the storage purpose ceases to apply or if a storage period prescribed by the European Directive and Regulation Maker or another competent legislator expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.
6. Rights of the data subject a) Right to obtain confirmation
Any data subject shall have the right, granted by the European Data Protection Supervisor, to obtain confirmation from the controller as to whether personal data concerning him or her are being processed. Möchte eine betroffene Person dieses Bestätigungsrecht in Anspruch nehmen, kann sie sich hierzu jederzeit an einen Mitarbeiter des für die Verarbeitung Verantwortlichen wenden.
b) Right to information
Any person concerned by the processing of personal data has the right granted by the European Directive and Regulation to obtain at any time from the controller, free of charge, information about the personal data stored about him or her and a copy of that information. Furthermore, the European Directive and Regulation has granted the data subject access to the following information:
Furthermore, the data subject has the right to obtain information as to whether personal data has been transferred to a third country or to an international organization. If this is the case, the data subject also has the right to obtain information about the appropriate safeguards in connection with the transfer. If a data subject wishes to exercise this right of access, they can contact an employee of the controller at any time.
c) Right to rectification
Every data subject has the right granted by the European legislator to request the immediate rectification of inaccurate 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 statement. If a data subject wishes to exercise this right of rectification, they can contact an employee of the controller at any time.
d) Right to erasure (right to be forgotten)
Every data subject has the right granted by the European legislator to request the controller to erase the personal data concerning them without undue delay, provided that one of the following reasons applies and insofar as the processing is not necessary:
If one of the above reasons applies and a data subject wishes to arrange for the deletion of personal data stored at McCruit GmbH, they can contact an employee of the controller at any time. The employee of McCruit GmbH will arrange for the deletion request to be complied with immediately.
If the personal data have been made public by McCruit GmbH and our company is obliged to delete the personal data as the controller in accordance with Art. 17 para. 1 GDPR, McCruit GmbH will take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform other data controllers who process the published personal data that the data subject has requested the deletion of all links to these personal data or of copies or replications of these personal data from these other data controllers, insofar as processing is not necessary. The employee of McCruit GmbH will arrange the necessary in individual cases.
e) Right to restriction of processing
Every data subject has the right granted by the European legislator to request the controller to restrict processing if one of the following conditions is met:
If one of the above conditions is met and a data subject wishes to request the restriction of personal data stored at McCruit GmbH, they can contact an employee of the controller at any time. The employee of McCruit GmbH will arrange for the processing to be restricted.
f) Right to data portability
Every data subject has the right granted by the European legislator to receive the personal data concerning them, which have been provided by the data subject to a controller, in a structured, commonly used and machine-readable format. They also have the right to transmit these data to another controller without hindrance from the controller to whom the personal data have been provided, provided that the processing is based on consent pursuant to Art. 6 para. 1 letter a GDPR or Art. 9 para. 2 letter a GDPR or on a contract pursuant to Art. 6 para. 1 letter b GDPR and the processing is carried out by automated means, provided that the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Furthermore, in exercising their right to data portability pursuant to Art. 20 para. 1 GDPR, the data subject has the right to have the 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 assert the right to data portability, the data subject can contact an employee of McCruit GmbH at any time.
g) Right to object
Every data subject has the right granted by the European legislator, for reasons arising from their particular situation, to object at any time to the processing of personal data concerning them, which is carried out on the basis of Art. 6 para. 1 letters e or f GDPR. This also applies to profiling based on these provisions.
McCruit GmbH will 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 McCruit GmbH processes personal data for direct marketing purposes, the data subject 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 McCruit GmbH processing for direct marketing purposes, McCruit GmbH will no longer process the personal data for these purposes.
In addition, the data subject has the right, for reasons arising from their particular situation, to object to the processing of personal data concerning them, which is carried out at McCruit GmbH for scientific or historical research purposes or for statistical purposes pursuant to Art. 89 para. 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 can directly contact any employee of McCruit GmbH or another employee. The data subject is also free to exercise their right to object in connection with the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures using technical specifications.
h) Automated decisions in individual cases including profiling
Every data subject has the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effectsconcerning them or similarly significantly affects them, as long as the decision (1) is not necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not 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) is not based on the data subject's explicit consent.
If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject's explicit consent, McCruit GmbH 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 contest the decision.
If the data subject wishes to exercise rights concerning automated decisions, they can contact an employee of the controller at any time.
i) Right to withdraw data protection consent
Every data subject has the right granted by the European legislator to withdraw consent to the processing of their personal data at any time. If the data subject wishes to exercise the right to withdraw the consent, they can contact an employee of the controller at any time.
7. Data protection for applications and the application procedures
The data controller shall collect and process the personal data of applicants for the purpose of the processing of the application procedure. The processing may also be carried out electronically. This is the case, in particular, if an applicant submits corresponding application documents by electronic means, for example by e-mail or via a web form on the website, to the controller. If the data controller concludes an employment contract with an applicant, the submitted data will be stored for the purpose of processing the employment relationship in compliance with legal requirements. If no employment contract is concluded with the applicant by the controller, the application documents shall be automatically erased two months after notification of the refusal decision, provided that no other legitimate interests of the controller are opposed to the erasure. Other legitimate interest in this relation is, e.g. a burden of proof in a procedure under the General Equal Treatment Act (AGG).
8. Legal basis for processing
Art. 6(1) lit. 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, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. Is our company subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in 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(1) lit. d GDPR. Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by anyof the abovementioned legal grounds, if 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 which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).
9. The legitimate interests pursued by the controller or by a third party
Where the processing of personal data is based on Article 6(1) lit. f GDPR our legitimate interest is to carry out our business in favor of the well-being of all our employees and the shareholders.
10. Period for which the personal data will be stored The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.
11. Legal or contractual requirements to provide 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 would like to inform you that the provision of personal data is partly required by law (e.g. tax regulations) or may also result from contractual regulations (e.g. information on the contractual partner). Sometimes, in order to conclude a contract, it may be necessary for a data subject to provide us with personal data that must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with him or her. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Before providing personal data by the data subject, the data subject must contact one of our employees. Our employee will explain to 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 conclusion of the contract, whether there is an obligation to provide the personal data, and what the consequences of not providing the personal data would be.
12. Existence of automated decision-making
As a responsible company, we do not use automated decision-making or profiling. This data protection declaration was created by the data protection declaration generator of the DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as the External Data Protection Officer Cologne, in cooperation with the Cologne lawyer for data protection law Christian Solmecke.
