Information for Data Subjects

Information for Data Subjects (customers, suppliers, business partners, external service providers, interested parties, client employees and freelancers in accordance with article 13/14 of the GDPR)

By providing the following information, we would like to give you an overview of the processing of your personal data by our company and your rights in accordance with the provisions of the GDPR. If you have any questions or would like any related information,please write to BOIWEN & Company Ltd. & CO. KG’s address or send an email to: info@boiwen.com

Controller:
BOIWEN & Company Ltd. & CO. KG
Nymphenburger Strasse 47
80335 München
Telefon: +49 (0) 89 120 211 22
Mail:    info@boiwen.com

Legal Representative:
Ingo Bollmann

Information about Processing:
Purpose of Processing:

We process data for the following purposes:

  • Processing orders, information about orders and delivery
  • Carrying out logistics services
  • Carrying out orders and projects
  • Collecting contractual and contact information to process or initiate orders
  • Accounting, bookkeeping, payment reminders and other internal processes
  • Organising and carrying out buying and purchasing
  • Sales and marketing for commercial purposes
  • Organised care for customers, suppliers and interested parties


Legal Basis of Processing:

  • In order to carry out contractual and precontractual measures (article 6 paragraph 1 sentence 1 lit b of the GDPR)
    Processing is required in order to fulfil a contract or precontractual measure in accordance with article 6 paragraph 1 lit b of the GDPR.
  • Based on legal obligations (article 6 paragraph 1 sentence 1 lit c of the GDPR) or in the public interest (article 6 paragraph 1 sentence 1 lit e of the GDPR)
  • Based on your consent (article 6 paragraph 1 sentence 1 lit a of the GDPR)
    Consent in accordance with article 6 paragraph 1 lit a of the GDPR has been granted. Requirements regarding consent in accordance with article 7 paragraph 1-4 of the GDPR have been met.
  • And within the realms of the weighing of interests (article 6 paragraph 1 lit f of the GDPR)

The processing is required in order to preserve the legitimate interests of the controller or a third party in accordance with article 6 paragraph 1 lit f of the GDPR and the data subject has no overriding interests or fundamental rights or freedoms.

Data Subject Categories:
Interested parties, customers and/or employees of the customer, suppliers, interested parties, partners, mediators, external service providers and freelancers

Personal Data Categories:

We process personal data that we receive from you in your role as a representative of a legal entity (interested party, customer, supplier, external service provider, partner, freelancer, customer employee, mediator).
Contact details (full name, title, telephone, fax, mobile phone, website, email, position, company, company address, number of employees, industry, customer type, telephone (company), fax (company), contact history and correspondence, data for offers and initial business contact)
Accounting data (order data, payment data (account information, bank, IBAN, BIC, account holder name, payment history (e.g. credit), data to fulfil contractual obligations)
Data relating to orders and contracts (address, contact details, contractual content)

Source of Data:
The controller processes personal data provided by you (direct collection) within the realms of the contractual relationship, contact form or questionnaire. Furthermore, personal data is also processed from reliable, publicly accessible sources (company directories, commercial register, internet, press, social networks, notices, events and fairs or personal conversations and recommendations).

Recipient Categories:
Internal authorities involved in relevant business processes such as buying, sales, marketing, administration, order processing, billing and bookkeeping. Public bodies such as social security bodies and financial authorities in the case of overriding legal provisions.
External contractors (contracted processors in the sense of article 4 in conjunction with article 28 of the GDPR in order to fulfil the purpose above).
Furthermore, we only pass on your personal data if

  • You have granted us your express permission in accordance with article 6 paragraph 1 sentence 1 lit a of the GDPR or
  • In accordance with article 6 paragraph 1 sentence 1 lit c of the GDPR, there is a legal obligation to pass on the data e.g. as part of a criminal prosecution or
  • transfer is necessary in accordance with article 6 paragraph 1 sentence 1 lit f of the GDPR in order to exercise or defend legal claims and/or exercise rights and it is not presumed that the transfer would be prevented by any overriding interest of the data subject that is worthy of protection

Deletion Deadlines:
Once the applicable statutory retention periods have expired, we shall delete the personal data as long as the personal data is not required to fulfil or initiate a contract or we no longer have legitimate interest in its storage.
Retention period for personal data:

10-year retention period in accordance with §14 of the UStG.

10-year retention period in accordance with §147 of the AO for tax-relevant documents.

10-year retention period in accordance with §257 paragraph 1 no. 1 + 4 of the HGB applies to accounts books, inventories, opening balance sheets, (company) annual statements, (company) situation reports, accounting receipts.

Within the realms of statutes of limitations in accordance with §195 ff of the BGB (evidence may be 30 years, regular statute of limitations is 3 years).

6 years after the end of the contract. Retention period in accordance with §257 paragraph 1 no. 2 + 3 of the HGB. Applies for commercial letters both sent and received. After 6 years, a review shall be carried out at the end of the calendar year to establish whether further storage is necessary. If no longer necessary, the data shall be deleted.

Data Transfer to Third States outside the EU:
Data is not transferred to third states and no such transfer is planned. Nevertheless, it is never possible to completely prevent forwarding to a third state during the use of electronic communications via the internet.

Data Subject Rights:
You have the right to information (in accordance with article 15 of the GDPR) from the controller about personal data affecting you as well as the right to have it corrected (article 16 of the GDPR) or deleted (article 17 of the GDPR) or to have processing restricted (article 18 paragraph 1 of the GDPR). Furthermore, you have the right to object to processing (article 21 of the GDPR) as well as the right to data transferability (article 20 of the GDPR).
If you would like to make use of your rights, please contact the controller named above.

Right to Object:
You have the right to object to the processing of your personal data at any time on grounds relating to your specific situation.

Right to Complain:
You have the right to complain to the responsible supervisory body.

Obligation to Provide Personal Data:
Within the realms of the relevant contractual relationship, you must provide certain personal data that is necessary for the completion of the contractual relationship and the fulfilment of related contractual obligations or data that we are obligated to collect as the controller.
Without this data, the contractual relationship cannot be completed/fulfilled.
You are not obliged to provide contact information for marketing and/or sales purposes.

Automatic Decision Making:
There is no automatic decision making.

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