Data privacy statement

Data privacy statement

  1. Name and address of the controller
    The controller as defined in the General Data Protection Regulation and other applicable data protection laws and regulations is
    SCHWENK Zement GmbH & Co. KG
    Hindenburgring 15
    89077 Ulm
    +49 731 9341-0
    Fax +49 731 9341-254
    Email info@schwenk.de
    (represented by its directors Eduard Schleicher, Thomas Spannagl, Stephan Pott)
  2. You can contact our data protection officer at:
    OFFICESCHOCH GmbH
    Melanie Schoch
    Hauptstraße 389173 LonseeTel. +49 7336 9526910
    Email datenschutz@schwenk.de
  3. Data protection/processing of personal data
    We are delighted that you are interested in our company and therefore also that you are visiting our website. SCHWENK takes the protection of personal data very seriously and treats your personal data as confidential in line with the applicable legal requirements. As an enterprise incorporated under private law, we are bound by the provisions of applicable data protection legislation. We have taken technical and organisational steps to ensure that we comply with the data protection regulations. The use of our website is possible in principle without providing personal data. Where a data subject wishes to use special services via our website, it may become necessary for personal data to be processed. Where personal data are collected on our website (e.g. name, e-mail address) and where there is no legal basis for any such processing, this will always occur as far as possible on a voluntary basis, by us obtaining the data subject’s consent to the processing of personal data. This may occur, for example, as part of a registration, a survey, registration for one of our events, for the performance of a contract, the processing of online applications or a request for information (contact form or newsletter). We store personal data only for their specified purpose (e.g. processing and responding to your enquiries, sending out newsletters subscribed for, processing online applications) and process them using electronic data processing systems. At SCHWENK, personal data is always processed in compliance with the requirements of the General Data Protection Regulation and other applicable data protection regulations, and subject to considerations of data reduction and data economy. Personal data is sent to governmental institutions and authorities only in the context of mandatory legal requirements. This data privacy statement will provide you, as a visitor to our website, with the necessary information on what personal data SCHWENK, or third parties commissioned for that purpose, collect from you, process and use, to what extent this is done and for what purpose. You will also be informed of the rights to which you are entitled. SCHWENK takes numerous technical and organisational steps to ensure the fullest possible protection of the data processed via this website. We also refer to the fact that security loopholes may exist when data is transmitted via the internet, so it is not possible to guarantee absolute protection. In particular, your data are not adequately protected where data are not transferred without additional encryption mechanisms. Sensitive data should therefore not be sent via the internet or only via secure connections (SSL).
  4. SSL encryption
    For reasons of security and to protect the transfer of confidential content such as the enquiries you send us, your application documents or registration data for the newsletter, our homepage uses SSL encryption. Please take care that the SSL encryption is switched on for all relevant activities. You can recognise an encrypted connection by the fact that the address line in the browser changes from “http://” to “https://” and by the padlock symbol. An activated SSL encryption protects the data sent from being simultaneously read by third parties.
  5. Access and usage data (Log-Files)
    1. As a result of our website being accessed, a series of general data and general information your browser sends us is captured for every hit. These general data and items of information are stored in what are known as “server log files”. The following data may be recorded this way:
      - name of the website
      - browser type and version used
      - operating system used
      - referrer URL (internet site from which you reached our webpage)
      - IP address of the accessing computer
      - name of the internet provider of the accessing system
      - date and time of access
      - amount of data sent
      SCHWENK may avoid attributing such data to specific people and hence may not identify the data subject. These anonymous data are not combined with other data provided by the data subject and the data are erased after 28 days. Rather, the data are collected so that the website appears correctly and its content is delivered correctly and improved, and for statistical purposes. The information also helps ensure the long-term functionality and continuous improvement of our IT systems, also in terms of raising data protection and data security at SCHWENK. We reserve the right to check the server log files retrospectively and to use them where there is any suspicion of illegal conduct.

    Legal basis: First sentence of Art. 6(1)(f) GDPR

  6. Cookies
    This website uses cookies (e.g. session cookies, Google Analytics). Cookies are small text files that are deposited from our server via the browser onto the visitor’s end device and stored there. Cookies assist with how our website appears, and help you progress through our website in as user-friendly a fashion as possible, tailoring information to you, which would not be possible automatically without cookie placement. Cookies capture data concerning the browser and operating system used, your internet connection and IP address. The placement of cookies enables us to recognise the individual browser of a visitor to our website and, in so doing, make it easier for you to use our website. In no circumstances will we use cookies that deposit malware or spyware on your end device. It is also possible to use our website without deploying cookies. You can prevent cookies from being stored by selecting the relevant setting in your browser software and permanently deactivating cookie placement. However, we remind you that where cookies are deactivated you may not be able to use all the functions of this website to their full extent. Cookies that have already been placed may be erased at any time via your browser software settings or other programs. Change current settings
  7. Use of GoogleAnalytics
    This website uses the web analysis service Google Analytics. This web analysis service is operated by Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Irland ("Google").  We use Google Analytics as an evaluation tool for our website. This analysis tool works in particular on the basis of cookies. Cookies are text files that are stored on your computer and which enable us to analyse your use of the website. The information generated by the cookie through your use of this website is normally sent to one of Google’s servers in the USA and stored there. Where IP anonymisation is activated on this website, your IP address is abbreviated by Google in Member States of the European Union or European Economic Area before being sent to the USA.  At the request of the operator of this website, Google will use this information to evaluate your use of the website in order to prepare reports on the website’s operations. We have concluded an order processing contract with Google.If you wish to prevent the use of cookies, you can do so by locally making changes to your settings in the Internet browser used on your computer (e.g. Safari, Internet Explorer, Opera, Firefox, etc.). The Internet browser is the program for opening and viewing Internet pages. Using the following link (http://tools.google.com/dlpage/gaoptout?hl=de) to download and install the browser plugin, you can prevent the data generated by the cookie and data related to your use of the website from being shared with Google, or this data being processed by Google.You can also prevent them from being captured by Google Analytics by clicking on the following link. An opt-out cookie is placed, which prevents your data being collected in future when you visit this website: Deactivate Google Analytics. For more information on the terms of use and privacy policy of Google and Google Analytics, see http://www.google.com/analytics/terms/de.html and https://www.google.de/intl/de/policies/. We would like to point out that the extension "anonymizeIp" has been added to Google Analytics. This ensures the anonymized collection of IP addresses.
    Cookie Information:
    Categorization for consent: Marketing
    Cookies used (lifetime in parentheses): _ga (2 years), _gid (1 day), _gat_UA-* (1 minute),_utma (2 years), _utmb (30 minutes), _utmc (session), _utmt (10 minutes), _utmz (6 months)
  8. Data sent in the course of contacting us/during registration
    The SCHWENK website allows you to contact us and send SCHWENK your queries using a contact form, for example, or to register for one of our events. The personal data SCHWENK is sent in the process depends on the particular input screen used for registration. The personal data that are sent to SCHWENK are used solely for internal purposes to process the relevant queries and for our own purposes. No data is shared without your consent. Legal basis: First sentence of Art. 6(1)(a) or (b) GDPR
  9. Newsletters
    We offer you content on professional and career-specific topics via our newsletter. We do not send out our newsletters until we have received the recipient’s consent.The personal data processed when you place an order for the newsletter depends on the particular input screen. In order to subscribe you to our newsletter, we need at least your email address. Subscription is via a double opt-in process, meaning that you receive an email with a confirmation link after you have provided your data. By returning the confirmation email, the holder of the email address provided authorises receipt of the newsletter. Only after confirmation will your email address be included in the distribution list. Subscriptions to the newsletter are recorded for legal purposes. The following information is stored: Subscription data, time of subscription, confirmation and unsubscription, IP address and amendments to the data stored. The data is required to be collected, among other things to facilitate tracing of any misuse of the data subjects’ email addresses and protect the controller responsible for processing the data. The data collected during subscription for the newsletter are used solely for the purpose of sending out our newsletter. Our newsletter is distributed with the help of the service provider CleverReach GmbH & Co. KG, Mühlenstrasse 43, 26180 Rastede. Our recipients’ email addresses, along with the data described, are stored exclusively within Europe, on the certified servers of CleverReach. CleverReach uses this information to send out and evaluate newsletter use on our behalf, and for the purpose of improving their service. There is no separate use of the data by CleverReach, either for the purpose of contacting data subjects or of passing the data on to third parties. We have entered into an order processing agreement with CleverReach under which CleverReach undertakes to protect our recipients’ data and to process them solely on our behalf in compliance with the applicable data protection regulations, and not to share them with third parties. Further information on CleverReach is available on the website: https://www.cleverreach.com/deWe are able to analyse user behaviour through the distribution of our newsletter. The newsletters sent out contain web beacons for this purpose. This occurs by collecting IP addresses, the time of the enquiry, content of the request, access status, volume of data transferred in each case, browser, operating system and its interface, as well as web beacons allocated to your email address and linked to your own personal ID. The ID is not linked to the data provided by you, so this rules out any direct tracing to an individual.You may at any time withdraw your consent to participation in the newsletter distribution. Cancellation removes your consents to the future processing of your personal data, both within the distribution by CleverReach and the analyses. You can find a cancellation link, which therefore also serves to unsubscribe from the newsletter, at the end of each newsletter and on our website.Legal basis: First sentence of Art. 6(1)(a) GDPR.
  10. Online applications
    You have the option of applying online via our applications portal. SCHWENK will store personal data included in your application only for the anticipated purpose of reviewing your qualifications and as part of processing current or subsequent application and appointment processes and will process them using electronic data processing systems to the extent this is required for a decision on an offer of employment. Before you make an online application, we therefore request your consent to the storage and processing of your (personal) data. We store your personal data for as long as is necessary for a decision on your application. Should you be hired, these documents will be included in your personnel files.Where we do not take you on as an employee, the application documents are erased no later than six months after notification of the decision. In addition, we may continue to store data where extended storage is required based on legitimate interests e.g. legal disputes or an official or court order.Your application data are sent to an IT system belonging to our contractor, BITE GmbH, Resi-Weglein- Gasse 9, 89077 Ulm. The application data will be stored on certified servers, exclusively in an EU member state or in a signatory to the Agreement on the European Economic Area.In addition, the employer references you provide will be sent to an IT system belonging to verlingo UG, Harburger Schlossstrasse 6-12, 21079 Hamburg.Under a contractual agreement on the processing of personal data on our behalf, your personal data will be collected, processed and used by BITE GmbH and verlingo UG on our behalf as part of processing under Art. 28 GDPR in compliance with the relevant legal regulations. We assure you that your personal data and application information will be treated as strictly confidential and only processed on SCHWENK’s behalf and in line with our instructions. The processor does not make independent use of the data captured. SCHWENK remains the controller as defined in the General Data Protection Regulation. Moreover, data is not shared with third parties.Legal basis: First sentence of Art. 6(1)(a) GDPR and Article 26(1) in conjunction with the second sentence of Article 26(8) of the German Data Protection Act (revised) For more detailed information on data protection in relation to online applications, please see the special data privacy statement on our online application portal.
  11. Google reCAPTCHA
    To protect your communication via internet form, the component reCAPTCHA of the company Google Ireland Ltd, Gordon House, Barrow Street, Dublin 4, Ireland ("Google") is used. With reCAPTCHA, misuse can be reduced through automated, machine processing. reCAPTCHA transmits your IP address and possibly other data required by Google for reCAPTCHA to Google. Your input via the reCAPTCHA component is transmitted to Google and processed there. By using reCAPTCHA, you agree that your recognition of images will be used for the digitization of old works. The IP address transmitted by your browser in connection with the use of reCAPTCHA will not be merged with other Google data. The deviating data protection regulations of the Google company apply to this data. For more information on Google's privacy policy please see: https://www.google.com/intl/de/policies/privacy/.
    Google reCPATCHA reloads Google Fonts in order to display the visual CAPTCHA element correctly. The Google fonts are also loaded from a Google server. More information about these Google Fonts can be found at https://developers.google.com/fonts/faq.
    Information about cookies:
    Categorization: Security
    Cookies used (lifetime in parentheses): 1P_JAR (1 month), CGID (6 months), IDE (1 year), ANID (9 months), CONSENT (19 years), NID (6 months), DV (10 minutes), SNID (6 months) .
  12. Google-Tag-Manager
    We use the Google Tag Manager operated by Google. "Google" ist a company group consisting of Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Irland, Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA and other affiliated companies of Google LLC. We have concluded an order processing contract with Google. Google Tag Manager is a utility service and itself processes personal data only for technically necessary purposes. The tool takes is loading other components, which possibly may collect data. Google Tag Manager does not access this data. For more information on Google Tag Manager please see: Datenschutzbestimmungen von Google. Please note that, due to American laws, American intelligence agencies may have access to personal data that is inevitably exchanged with Google when this tool is integrated due to the Internet protocol.
  13. OpenStreetMap
    This website uses the mapping software OpenStreetMap operated by OpenStreetMap Foundation,132 Maney Hill Road, Sutton Coldfield, West Midlands, B72 1JU, United Kingdom ("OSM"). When using OpenStreetMap, your IP address is transmitted to a server of OSM and may be stored there. The use of OpenStreetMap is based on our legitimate interest according to Art. 6 para. 1 lit. f DSGVO. For more information on OpenStreetMaps' privacy policy please see: Datenschutzhinweisen von OpenStreetMap
  14. WordPress
    We use WordPress as editorial system for our website. WordPress uses functional (necessary) cookies to provide the login process for editors and administrators.
    In particular, when trying to log in to the WordPress administration interface, a cookie called wordpress_test_cookie is set. This cookie is used exclusively for the active session and is deleted as soon as you close the browser.
    The cookie is not used to evaluate users.
  15. Data protection on linked websites
    The websites of other providers to which we link from our webpage are governed by the data privacy statements on the website of the relevant provider. We have no influence over how data is collected or processed there, and we therefore accept no responsibility or liability for these websites.
  16. Data-sharing with third parties
    For certain technical data-processing and analysis processes listed here (e.g. newsletters and online applications) SCHWENK is supported by external service providers. These processors are selected very carefully and meet high standards of data protection and security, evidence of which is also provided. All processors are bound by a strict duty of non-disclosure and process the data of SCHWENK and related data subjects only on SCHWENK’s behalf and in line with its instructions. Data is not shared with third parties outside the SCHWENK Construction Materials Group, outside the circumstances explained in this data privacy statement or without data subjects giving their express consent. Exceptions may occur if SCHWENK is obliged by law to do this or as a result of an order by the authorities or the courts.
  17. Data storage location and duration
    With the exception of the circumstances described in this data privacy statement, storage and processing of personal data shall occur solely in data centres within the European area. The processing of personal data therefore falls within the area covered by the General Data Protection Regulation. Data shall be stored for as long as it is required for the use of this website or until data is no longer required to be processed for the purposes described in this Data Privacy Statement. Exceptions may occur if SCHWENK is obliged by law to store the data for longer or as a result of an order by the authorities or the courts.
  18. Rechte der Betroffenen
    Visitors to the website and any other data subjects affected by SCHWENK’s processing of their personal data shall at all times have the rights listed below in relation to the processing of personal data within SCHWENK:a) Right to information: You have the right at any time to receive information from SCHWENK free of charge on whether SCHWENK is processing personal data and what data this is, and to request a copy of that information. This includes information on the purpose of use, the category of the data used, their recipients and, where possible, how long the data is planned to be stored or, where this is not possible, the criteria dictating this. Where personal data are sent to a third country or an international organisation, the data subject shall have the right to advice on the appropriate guarantees in connection with that transfer.b) Right of rectification: You have the right to request that we immediately rectify incorrect personal data relating to you. Taking into account the purposes of the processing, you have the right to have incomplete personal data completed, including by means of providing a supplementary statement.c) Right to erasure (“right to be forgotten”): You shall have the right to obtain from us the erasure of personal data concerning you without undue delay and we shall have the obligation to erase personal data without undue delay where one of the following grounds applies:

    • the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
    • You withdraw consent.
    • You object to the processing and there are no overriding legitimate grounds for the processing.
    • The personal data have been unlawfully processed.
    • The personal data have to be erased for compliance with a legal obligation in Union or Member State law to which SCHWENK is subject.

    This shall not apply to the extent that processing is necessary:

    • for compliance with a legal obligation which requires processing under Union or Member State law to which we are subject.
    • For the establishment, exercise or defence of legal claims.d) Right to restriction of processing: You shall have the right to obtain from the controller restriction of processing where one of the following applies:
    • the accuracy of the personal data is contested by you, for a period enabling us to verify the accuracy of the personal data.
    • The processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead.
    • The personal data are no longer needed for the purposes of the processing, but you require them for the establishment, exercise or defence of legal claims.
    • You have objected to processing pending the verification of whether our legitimate grounds override yours.

    Where processing has been restricted under paragraph d, such personal data shall, with the exception of storage, only be processed with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.)

  19. Right to data portability
    You shall have the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format. You have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where the processing is based on consent pursuant to point (a) of Article 6(1) or point (a) of Article 9(2)GDPR or on a contract pursuant to point (b) of Article 6(1) GDPR and the processing is done by automated means. You shall have the right to have the personal data transmitted directly from SCHWENK to another controller, where technically feasible.f) Right to object: You shall have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on point (e) or (f) of Article 6(1) GDPR, including profiling based on those provisions. SCHWENK shall no longer process the personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or the processing is for the establishment, exercise or defence of legal claims. Where personal data are processed for direct marketing purposes, you shall have the right to object at any time to processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing. Where you object to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes. Where personal data are processed for scientific or historical research purposes or statistical purposes pursuant to Article 89(1), you shall have the right to object, on grounds relating to your situation, to processing of personal data concerning you, unless the processing is necessary for the performance of a task carried out for reasons of public interest.g) Right of withdrawal: Where processing is based on consent, you have the right to withdraw consent at any time without this affecting the legitimacy of the processing that occurred up until consent was withdrawn. To that end, you may contact our data protection officer(s) at any time via the contact information given above. For the purpose of exercising these rights, visitors to the website and any other data subjects affected by the SCHWENK’s processing of their personal data may contact SCHWENK. The contact data are provided in the first two paragraphs of this data privacy statement. In addition to the above rights, both visitors to the website and other data subjects have the right to lodge a complaint with a supervisory authority concerning the processing of personal data by SCHWENK.
  20. No automated decision-making
    No automated decision-making, including profiling, shall occur in individual cases.
  21. Amendment of this Data Privacy Statement
    We reserve the right to amend this Data Privacy Statement at any time in compliance with the applicable requirements of data privacy legislation, as amended from time to time.

 

Date: January 2023