Privacy Policy

1 – Definitions

The privacy policy of Paxray GmbH is based on the terms used by the European legislator for directives and regulations when the General Data Protection Regulation (GDPR) was enacted. Our privacy policy is intended to be easily readable and understandable for the public as well as our customers and business partners. To ensure this, we would like to explain the terminology used in advance. In this privacy policy, we use, among others, the following terms:

1.1 – 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, 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.

1.2 – Data Subject

Data subject is any identified or identifiable natural person whose personal data is processed by the controller responsible for the processing.

1.3 – Processing

Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

1.4 – Restriction of Processing

Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.

1.5 – Profiling

Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements.

1.6 – Pseudonymization

Pseudonymization is the processing of personal data in such a manner 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 to ensure that the personal data are not attributed to an identified or identifiable natural person.

1.7 – Controller or Controller Responsible for Processing

Controller or controller responsible for processing 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 nomination may be provided for by Union or Member State law.

1.8 – Processor

Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

1.9 – Recipient

Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.

1.10 – Third Party

Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorized to process personal data.

1.11 – Consent

Consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

2 – Name and Address of the Controller

The controller for the purposes of the General Data Protection Regulation, other data protection laws applicable in Member states of the European Union and other provisions related to data protection is: Paxray GmbH, Gmünder Str. 14, 73557 Mutlangen, Germany, Tel.: +49 7171 87132 70, Email: datenschutz@paxray.com, Website: www.paxray.com, CEOs: Jonas Wanner & Adrian Hofmann, Court of registration: Amtsgericht Ulm, Registration number: HRB 743747, VAT ID: DE351478361

3 – Name and Address of the Data Protection Officer

The Data Protection Officer of the controller is: Alexander Mayr, Paxray GmbH, Gmünder Str. 14, 73557 Mutlangen, Germany, Tel.: +49 7171 87132 70 Email: datenschutz@paxray.com Website: www.paxray.com Any data subject may, at any time, contact our Data Protection Officer directly with all questions and suggestions concerning data protection.

4 – Cookies

The websites of Paxray GmbH use cookies. Cookies are text files that are stored and saved on a computer system via an internet browser. Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID, which is a unique identifier of the cookie. It consists of a string through which websites and servers can be assigned to the specific internet browser in which the cookie was stored. This allows the visited websites and servers to distinguish the individual’s browser from other internet browsers that contain different cookies. A specific internet browser can be recognized and identified via the unique cookie ID. By using cookies, Paxray GmbH can provide users of this website with more user-friendly services that would not be possible without the cookie setting. By means of a cookie, the information and offers on our website can be optimized with the user in mind. Cookies allow us, as previously mentioned, to recognize our website users. The purpose of this recognition is to make it easier for users to utilize our website. The website user that uses cookies, for example, does not have to enter access data each time the website is accessed because this is taken over by the website, and the cookie is thus stored on the user’s computer system. Another example is the cookie of a shopping cart in an online shop. The online shop remembers the articles that a customer has placed in the virtual shopping cart via a cookie. The data subject may, at any time, prevent the setting of cookies through our website by means of a corresponding setting of the Internet browser used, and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an internet browser or other software programs. This is possible in all popular internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be entirely usable.

5 – Collection of General Data and Information

The website of Paxray GmbH collects a series of general data and information when a data subject or automated system calls up the website. This general data and information are 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 (so-called referrers), (4) the sub-websites, (5) the date and time of access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems. When using these general data and information, Paxray GmbH does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, Paxray GmbH analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to 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 a data subject.

6 – Contact Possibility via the Website

6.1 – E-Mail/Contact Form

Due to legal regulations, the website of Paxray GmbH contains information that 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 via a contact form, the personal data transmitted by the data subject are automatically stored. 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. There is no transfer of this personal data to third parties.

6.2 – Calendly

This website uses Calendly software for online appointment booking provided by Calendly, LLC, BB&T Tower, 271 17th St NW, Atlanta, GA 30363, USA. For the purpose of booking appointments, first and last names as well as email addresses (and possibly telephone numbers if a phone appointment is desired) are collected in accordance with Art. 6 Para. 1 lit. b GDPR and transferred to Calendly based on our legitimate interest in effective customer management and efficient appointment scheduling according to Art. 6 Para. 1 lit. f GDPR, and are stored there for the organization of appointments. After the appointment or after the expiration of the agreed appointment period, your data will be deleted by Calendly. We have concluded a data processing agreement (“Data Processing Addendum”, available at https://calendly.com/pages/dpa) with Calendly, obliging Calendly to protect our customers’ data in accordance with legal requirements. Calendly generally transmits collected information outside the European Economic Area and relies on the so-called Standard Contractual Clauses of the European Commission, which are intended to ensure compliance with the European level of data protection. For details on Calendly’s privacy policy, please visit: https://calendly.com/pages/privacy

7 – Routine Erasure 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 far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to. If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.

8 – Rights of the Data Subject

9 – 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 e-mail or through 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 announcement 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).

10 – Legal Basis for the 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. If our company is 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 any of 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).

11 – 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.

12 – Period for which the Personal Data will be Stored

The criterion for the duration of the storage of personal data is the respective statutory retention period. After the 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.

13 – Provision of Personal Data as Statutory or Contractual Requirement; Requirement Necessary to Enter into a Contract; Obligation of the Data Subject to Provide the Personal Data; Possible Consequences of Failure to Provide such Data

We clarify that the provision of personal data is partly required by law (e.g., tax regulations) or can also result from contractual provisions (e.g., information on the contractual partner). Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with him or her. The non-provision of the personal data would have the consequence 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 any employee. The employee clarifies to the data subject 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 the consequences of non-provision of the personal data.