§ 1 Information on the collection of personal data
(1) General information
Thank you for your interest in our website. The protection of your personal data when you visit our homepage is of particular importance to our management. The information below provides an overview of how we process your personal data and your rights under data protection legislation. Personal data are all data that can be related to you personally, e.g. name, address, e-mail addresses, user behaviour.
If a data subject wishes to make use of special services offered by our company via our website, it may become necessary to process personal data. If it is necessary to process personal data and there is no legal basis for such processing, we will generally obtain the consent of the data subject. Processing is always in accordance with the EU’s General Data Protection Regulation (GDPR) and in compliance with the country-specific data protection regulations applicable to Janoschka Deutschland GmbH.
As data controller, Janoschka Holding GmbH has implemented technical and organisational measures to ensure that the personal data processed via this website are protected as completely as possible against loss, destruction, access, modification or distribution by unauthorised persons. This also includes the fact that your personal data are transmitted securely through encryption. We use the coding system TSL (Transport Layer Security).
Nevertheless, absolute protection cannot be guaranteed due to fundamental security gaps in Internet-based data transmissions.
(2) Data controller
Pursuant to Article 4(7) of the EU’s General Data Protection Regulation (GDPR) and the applicable country-specific data protection regulations, the controller is:
Janoschka Holding GmbH
Tel: +49 7825 8490
Please send general questions about data protection at Janoschka Holding GmbH to Datenschutz(at)janoschka.com.
You can reach our data protection officer by post at the above address by adding - Data Protection Officer - or by e-mail at: Datenschutzbeauftragter(at)janoschka.com.
(3) General information on data processing
We collect and use the personal data of our users only to the extent necessary to provide a functional website and to present our content and services. The personal data of our users are routinely collected and used only with the consent of the user. An exception is made in cases where prior consent cannot be obtained for factual reasons and processing of the data is permitted by law.
The following legal bases for the processing of your personal data are applicable:
- Processing based on your consent (Article 6(1)(a) GDPR)
- Processing for the performance of a contract to which the data subject is party. This also applies to processing operations necessary to take steps prior to entering into a contract (Article 6(1)(b) GDPR)
- Processing for compliance with a legal obligation to which our company is subject (Article 6(1)(c) GDPR)
- Processing where the vital interests of the data subject or of another natural person require the processing of personal data (Article 6(1)(d) GDPR)
- Processing for the purposes of a legitimate interest pursued by our company or by a third party, except where such an interest is overridden by the interests, fundamental rights and freedoms of the data subject (Article 6(1)(f) GDPR)
Legitimate interests can be in particular:
- delivering the contents of our website correctly;
- statistical evaluations to check and optimise the website;
- to provide law enforcement authorities with the necessary information in case of a cyber-attack; o responding to requests and providing services and/or information intended for you;
- the processing and transmission of personal data for internal or administrative purposes;
- the prevention and detection of fraud and criminal offences;
- ensuring the permanent functionality of our information technology systems and the technology of our website with the aim of increasing data protection and data security in our company.
§ 2 Your rights
(1) My rights as a data subject
You can request information about your stored personal data at the above address (Article 15 GDPR). Furthermore, you can demand correction if we have stored incorrect personal data about you (Article 16 GDPR). In addition, under certain conditions you can request the erasure of your data (Article 17 GDPR) or exercise the right to object (Article 21 GDPR). You also have the right to restrict the processing of your personal data (Article 18 GDPR) and the right to have your data released (Article 20 GDPR). The right to information and the right to erasure are subject to the restrictions set out in §§ 34 and 35 BDSG [Federal Data Protection Act].
If you are of the opinion that the processing of your personal data is contrary to the provisions of the General Data Protection Regulation, you have the right to contact your respective competent supervisory authority for data protection (Article 77 GDPR in conjunction with § 19 BDSG). In the case of Baden-Württemberg this is the State Commissioner for Data Protection and Freedom of Information, Königstrasse 10 a, 70173 Stuttgart.
If the processing of your data is based on your consent, you are entitled to revoke this consent to the use of your personal data at any time in accordance with Article 7 GDPR. Please note that such revocation is only effective for the future. Processing operations carried out prior to the revocation are not affected. Please also note that we may need to retain certain data for a certain period of time to comply with legal requirements.
(2) Information about your right to object under Article 21 GDPR
1. RIGHT OF OBJECTION BASED ON INDIVIDUAL CASES You have the right to object at any time, for reasons arising from your particular situation, to the processing of personal data concerning you that is carried out on the basis of Article 6(1)(e) GDPR (data processing in the public interest) and Article 6(1)(f) GDPR (data processing based on a balancing of interests); this also applies to profiling within the meaning of Article 4 No 4 GDPR based on this provision.
If you object, we will no longer process your personal data unless we can prove compelling reasons for processing that are worthy of protection and outweigh your interests, rights and freedoms, or if the processing serves to assert, exercise or defend legal claims.
2. RIGHT TO OBJECT TO PROCESSING OF DATA FOR DIRECT MARKETING PURPOSES
In individual cases we will process your personal data in order to carry out direct advertising. You have the right to object at any time to the processing of your personal data for the purposes of such advertising. If you object to processing for direct marketing purposes, we will no longer process your personal data for these purposes. The objection can be made in any form and should be addressed to: To assert your rights, you are welcome to use the contact details given in item 1.
(3) Who receives my data?
Unless otherwise specified in the detailed descriptions of the offers, those departments within our company will be given access to your data that need it to fulfill our contractual and legal obligations or to implement our legitimate interests. We will only pass on information about you outside the company if this is permitted or required by law or official notification obligations, if it is necessary for the processing and thus the fulfillment of the contract or, at your request, to take steps prior to entering into a contract, if we have your consent or if we are authorised to provide information.
If we use contracted service providers for individual functions of our offer, these will have been carefully selected and commissioned by us, be bound by our instructions and be regularly checked. Your personal data will then be processed on the basis of commissioned processing contracts in accordance with Article 28 GDPR and we will ensure that the processing of personal data takes place in accordance with the provisions of the GDPR. In this case, the categories of recipients are website management providers.
If we would like to use your data for advertising purposes, we will inform you in detail about the respective processes below.
(4) For how long will my data be stored?
Unless otherwise specified in the detailed descriptions of the offers, we will process and store your personal data for as long as is necessary to fulfill our contractual and legal obligations.
Your personal data will be routinely deleted or blocked if they are no longer required for the fulfillment of contractual or legal obligations, if you have exercised your right to erasure, if all mutual claims have been fulfilled and if there are no other legal obligations to retain data or legal grounds justifying their storage.
§ 3 Collection of personal data when visiting our website
(1) Use of server log files Each time a data subject or automated system accesses the website, a number of general data and information are recorded in log files. This includes an internet protocol address (IP address), the browser types and versions used, the website from which an accessing system accesses our website (so-called referrer), the sub-websites that are accessed via an accessing system on our website, the date and time of access to the website and other similar data and information that serve to avert danger in the event of attacks on our information technology systems.
The legal basis for the temporary storage of data and log files is based on Article 6(1)(f) GDPR with the above-mentioned legitimate interests. Temporary storage of the IP address by the system is necessary to ensure the delivery of the website to the user’s computer. For this purpose, the IP address of the user must remain stored for the duration of the session.
Storage in log files takes place to ensure the functionality of the website. The data are also used to optimise the website and to ensure the security of our information technology systems. This is also based on our legitimate interest in data processing in accordance with Article 6(1)(f) GDPR. The data will be deleted as soon as they are no longer necessary for the purpose for which they were collected. With regard to data collected for the provision of the website, this is the case when the respective session has ended. The collection of data for the provision of the website and the storage of the data in log files are necessary for the operation of the website. A further possibility for checking the log files exists if there is a justified suspicion of illegal use or a definite attack on our website based on concrete evidence. Here, our legitimate interest in processing lies in the purpose of clarifying and prosecuting such attacks and unlawful uses.
Cookies are small files that are stored on users’ devices. Cookies can be used to store different information. This information can include, for example, the language settings on a web page or the location where a video was viewed.
As a rule, cookies are also used when a user’s interests or behaviour (e.g. viewing certain content, using functions, etc.) are stored on individual web pages in a user profile. Such profiles are used, for example, to show users content that matches their potential interests. This process is also known as “tracking”, i.e. following the potential interests of users. The term “cookies” also includes other technologies that perform the same functions as cookies (e.g. when user information is stored using pseudonymous online identifiers, also known as “user IDs”).
General information on withdrawal and objection (opt-out): Regardless of whether the processing is based on consent or legal permission, you have the option at any time of withdrawing any consent you have given or objecting to the processing of your data by cookie technologies (collectively referred to as “opt-out”).
§ 4 Other functions and offers on our website
In addition to the purely informative use of our website, we offer various services that you can use if you are interested. For this purpose, you must generally provide other personal data, which we use to provide the respective service and to which the aforementioned data processing principles apply.
(1) Use of contact details
On our website, it is possible to contact us via the e-mail addresses provided. When using these addresses, the user’s personal data transmitted with the e-mail are stored. The data will only be used for further conversation with you and will not be passed on to third parties. For the processing of data transmitted in the course of sending an e-mail, there is a legitimate interest under Article 6(1)(f) GDPR.
If the purpose of the contact is the conclusion of a contract, the taking of steps prior to entering into a contract and any subsequent processing for the fulfillment of a contract must also include the legal basis for the processing according to Article 6(1)(b) GDPR.
Personal data processed by us in the context of a general contact inquiry via contact form or e-mail are only stored until the respective correspondence is completed. The conversation ends when it is clear from the circumstances that the matter in question has been fully resolved.
If you contact us by e-mail, you can of course object to the storage of your personal data at any time. In that case, the conversation cannot be continued.
(2) Collection and use of personal data in the application process
During the application process, it is important to us to ensure the highest possible protection of your personal data. For this reason, all personal data collected and processed by us in the context of an application are protected by technical and organisational measures against unauthorised access and manipulation.
We process personal applicant data such as name, contact details, CV, nationality, work permit, etc. for the selection or recruitment process in the interested-party process with the aim of filling positions in the company.
The legal basis for the processing of your personal data is the establishment, implementation and termination of a contractual relationship in accordance with Article 6(1)(b) GDPR in conjunction with § 26 BDSG, the fulfillment of a legal obligation under Article 6(1)(c) GDPR, as well as on the basis of your consent through the voluntary provision of data that are not absolutely necessary for the purpose (e.g. hobbies in the CV).
Furthermore, processing is carried out on the basis of legitimate interests according to Article 6(1)(f) GDPR:
- to optimise our application processes,
- to ensure compliance regulations, industry standards and contractual obligations,
- to assert, exercise or defend legal claims,
- and to avoid damage to and/or liability of our company through appropriate measures.
After the respective purpose has been achieved, your data will be deleted, but before that they will be kept as long as is necessary for the defence of legal claims or against possible accusations under § 15 AGG [General Equal Treatment Act] compensation and damages in case of violation of the prohibition of discrimination. Usually this is 6 months. Particularly interesting applicants who cannot be considered at present will be asked to give their consent to longer-term storage (usually one year), for which the legal basis is Article 6(1)(a) GDPR. If processing relevant for accounting purposes has been carried out, such as the reimbursement of travel expenses, the data required for this purpose will be deleted in compliance with the statutory retention periods, which are generally 6 or 10 years.
If the application was successful and we can welcome you in our company on the basis of a contractual agreement, we will transfer the data collected during the application process to our personnel file.
§ 5 Web analysis
(1) Use of Matomo
This website uses the web analysis service software Matomo (www.matomo.org), a service of the provider InnoCraft Ltd, 150 Willis St, 6011 Wellington, New Zealand, ("Matomo") to collect and store statistical analyses of user behaviour for optimisation and marketing purposes in accordance with Article 6(1)(a) GDPR. These data can be used to create and evaluate pseudonymised usage profiles for the same purpose. Cookies may be used for this purpose. Cookies are small text files that are stored locally in the cache of the visitor’s Internet browser. Among other things, cookies enable the Internet browser to be recognised. The data collected with Matomo technology (including your pseudonymised IP address) are processed on our servers.
The information generated by the cookie in the pseudonymous user profile is not used to identify the visitor to this website personally and is not merged with personal data about the bearer of the pseudonym.
If you do not agree with the storage and evaluation of these data from your visit, you can object to their storage and use at any time with the click of a mouse. In this case a so-called opt-out cookie is stored in your browser, which means that Matomo does not collect any session data. Please note that the complete deletion of all your cookies means that the opt-out cookie is also deleted and may have to be reactivated by you.
You can decide here whether a unique web analysis cookie may be stored in your browser to enable the website operator to collect and analyse various statistical data. If you decide against it, click the following link to place the Matomo deactivation cookie in your browser.
Your visit to this website is currently being recorded by the Matomo web analysis. Click here so that your visit is no longer recorded.
§ 6 Use of social media
(1) Integration of YouTube videos
We are interested in providing you with a wide range of multimedia information. We therefore integrate videos from YouTube (YouTube LLC, 901 Cherry Avenue, San Bruno, CA 94066 USA). The legal basis for this is Article 6 (1)(f) GDPR.
Integration takes place in the extended data protection mode or the no-cookie solution, i.e. cookies and pixel tags are only set by YouTube when the video is played in order to personalise advertising and search results.
When the YouTube video is played, data are transferred to Google as YouTube operator. This includes the IP address, the specific address of the page called up on our website, the transmitted browser identification and the system date and time of the call. In addition, existing cookies by which your browser can be clearly identified are transferred.
§ 7 Public Relations
(1) Campaign Manager (formerly DoubleClick by Google)
Due to the marketing tools used, your browser automatically establishes a direct connection with the Google server. We have no influence on the scope and further use of the data collected by Google through the use of this tool and therefore inform you on the basis of the information available to us: Through the integration of Campaign Manager, Google receives the information that you have called up the corresponding part of our website or clicked an ad from us. If you are registered with a Google service, Google can assign the visit to your account. Even if you are not registered with Google or have not logged in, it is possible that the provider will find out your IP address and save it.
Furthermore, the Campaign Manager (DoubleClick Floodlight) cookies enable us to understand whether you perform certain actions on our website after you have accessed or clicked one of our display/video ads on Google or another platform via Campaign Manager (conversion tracking). Campaign Manager uses this cookie to understand the content with which you have interacted on our websites so that we can later send you targeted advertising.
You can prevent participation in this tracking process in various ways: a) by setting your browser software accordingly, in particular by suppressing third-party cookies, so that you do not receive third-party ads; b) by deactivating cookies for conversion tracking by setting your browser to block cookies from the domain www.googleadservices.com https://www.google.de/settings/ads, whereby this setting is deleted when you delete your cookies; c) by deactivating the interest-based ads of the providers that are part of the self-regulation campaign "About Ads" via the link http://www.aboutads.info/choices, whereby this setting is deleted when you delete your cookies; d) by permanently deactivating it in your Firefox, Internet Explorer or Google Chrome browsers using the link http://www.google.com/settings/ads/plugin, e) by means of appropriate cookies settings. We would point out that in this case you may not be able to use all the functions of this offer to their full extent.
Furthermore, you can prevent Google from collecting the data generated by the cookies about your use of the websites and the processing of these data by Google by downloading and installing the browser plugin available at https://support.google.com/adsense/answer/142293?hl=de under “Display settings”, “Extension for Campaign Manager deactivation”.
The use of Google Campaign Manager is based on Article 6(1)(a) GDPR.
§ 8 Visitors to our locations
We process your contact data and, in exceptional cases, also your health data, if we receive an official injunction to do so. However, this processing is essentially carried out in the context of the performance of contracts of which you are a party or upon request by you for the purpose of carrying out pre-contractual measures. If you have given us your consent to process personal data for specific purposes, this processing is considered as lawful on the basis of your consent, Art. 6 (1) lit a GDPR. The purposes of data processing depend on the respective contract documents and contents, or the circumstances of your visit to us on site.
We process your data only where necessary in order to protect our legitimate interests or those of third parties in accordance with Art. 6 (1) lit f GDPR. Our legitimate interest includes, in particular, measures required for management, control and marketing purposes, to improve our business relationship, to assert legal claims, to defend our interests in the event of legal disputes as well as to guarantee the safety of our visitors and employees and to protect equipment and facilities. The nature and purposes of data processing are as a rule:
- To record your visit in our visitor books and appointment calendars
- To provide WLAN access
- To monitor individual, marked areas with video technology