Information regarding data processing for customers and other business partners as well as for authorized representatives, attorneys and contacts of clients and other business partners  

Protecting your personal data is our highest priority and is taken into consideration in all of our business processes. The following privacy policy guidelines provide a detailed overview of how your personal data is processed by IMS Gear SE & Co. KGaA.

1. Information on the collection of personal data

a) In the following, we will inform you about the collection of personal data of clients and other business partners of IMS Gear SE & Co. KGaA and of personal data of directors, partners, other authorized representatives and contacts of or at companies as clients and other business partners of IMS Gear SE & Co. KGaA. Personal data are all data which are relatable to you as a natural person or which are related to you personally, e.g. name, address, email address, date of birth, etc.

b) Controller pursuant to Art. 4(7) of the General Data Protection Regulation (GDPR) is:

IMS Gear SE & Co. KGaA
registered in the commercial register of the Local Court of Freiburg under HRB 714815,
Heinrich-Hertz-Straße 16
78166 Donaueschingen, Germany
E-mail: info@imsgear.com
Tel. +49 (0)771 8507-0
Fax +49 (0)771 8507-444

Our data protection officer can be contacted at:

IMS Gear SE & Co. KGaA
Thomas Fletschinger
Heinrich-Hertz-Straße 16
78166 Donaueschingen, Germany
E-mail: dsb@imsgear.com

2. Collecting and storing personal data and type and purpose of their use

a) We will process personal data which we receive from you within our business relationship as a client or other business partner or in your capacity as a director, partner, agent / authorized representative or contact of a company as a client or other business partner. Further, we will process such personal data as we might have permissibly received or gained from the company you work for or from sources accessible to the public and from company / trade registers, registers of associations, the Internet, the press, media, etc. and are allowed to process.

We will collect the following data, in particular:

  • Title
  • First name / last name
  • Valid business email address
  • Business landline or mobile phone number
  • Business tax or other ID numbers
  • Business account numbers
  • Power of attorney relating to business
  • Credit rating documentation relating to business

b) The data will be collected and processed within the commercial intercourse to implement pre-contractual measures, when initiating or examining the initiation of business relations, for correspondence, entering into contact, performing or processing contractual relationships, invoicing, bookkeeping, warding off any claims and rights.

3. Purposes of the processing in detail and legal basis

We will process the above-mentioned data for the following purposes on the following legal bases:

a) For performing contractual obligations pursuant to Art. 6(1)(1)(b)

The personal data will be processed to execute contracts for the sale or the delivery of the products offered by us to perform contractual obligations with regard to all services offered by us in conjunction with and independent of the delivery of the products within the performance of the respective contractual agreements with our clients or to take steps at your request prior to entering into a contract. The same shall apply to the processing of personal data of other business partners. The same will be effected within the deliveries, services, etc. provided for us by such business partners of the contractual relationships to perform the respective contracts with our business partners or to take steps prior to entering into a contract upon our request. The purposes of the data processing depend on the specific contractual agreement for the respective products and services. The processing will be done to perform delivery and service, from the proposal preparation to delivery and invoicing and accounting and other activities related to the contract processing or steps prior to entering into a contract, including the performance of ancillary duties.

b) Based on statutory requirements pursuant to Art. 6(1)(1)(c) of the GDPR or in the public interest pursuant to Art. 6(1)(1)(e) of the GDPR

We are also subject to certain statutory requirements such as tax laws, accounting regulations, foreign trade laws, customs laws, etc., which we have to comply with because of own legal obligations or because of statutory regulations.

c) Within the balancing of interests pursuant to Art. 6(1)(1)(f) of the GDPR

To the extent required, we will also process your data to safeguard our own legitimate interests or the interests of third parties. This includes, for example, the data exchange with

  • credit reporting agencies such as Schufa to identify credit assessment and default risks
  • Direct marketing, to the extent you have not objected to the use of your data for such a purpose (cf. regarding objection the following subparagraph 7)
  • Access control when our operational facility, etc. is accessed.

d) To the extent the processing of your data is not unlawful on the legal bases mentioned above under a) to c), we will process your data only if you have given your consent; a newsletter, for example, may only be sent to your personal email address if you have explicitly given your consent for such purpose. You can, at any time, withdraw a consent you have once given.

4. Sharing with third parties, transfer to a third country, automatic decision-making

Your personal data will not be transferred to third parties other than for the purposes specified in subparagraph 3 above. That means that we will share your data with third parties only if:

a) Permitted by law and necessary pursuant to Art. 6(1)(1)(b) of the GDPR for concluding a contractual relationship, especially with the company represented by you, or for corresponding pre-contractual measures at instigation,

b) The transfer is necessary pursuant to Art. 6(1)(1)(f) of the GDPR for the assertion, exercise or defense of legal claims and there is no reason to believe that you have an overriding legitimate interest in the non-transfer of your data, or

c) In case the transfer is based on a legal obligation pursuant to Art. 6(1)(1)(c) or Art. 6(1)(1)(e) of the GDPR, or

d) You have given your explicit consent pursuant to Article 6(1)(1)(a) of the GDPR.

No transfer to a third country or an international organization is intended, and there will neither be any automatic decision-making, including profiling, unless otherwise provided for hereinafter in this Privacy Policy.

5. Storage period

As a matter of principle, the personal data will be stored as long as they are needed to perform the contractual relations or the pre-contractual measures or to comply with the legal obligations. Once you resign as a director, partner, agent or contact from a company as a client, the need for your personal data to be stored any longer for the afore-mentioned purposes will no longer apply.

 If the data are no longer required for the performance of contractual, pre-contractual or legal obligations or for the performance of the respective contracts and measures, they will be erased regularly; unless they need to be further processed for a certain period of time

  • to comply with any retention periods pursuant to tax laws and other legal requirements. Such retention periods are usually 10 years at the longest,
  • to assert or ward off any claims, especially to obtain any means of evidence within the statutory periods of limitation, the regular period of limitation is 3 years, the maximum period of limitation is up to 30 years.

6. Data subject rights

You have the right:

a)15 of the GDPR, to request access to personal data which are processed by us. You can, in particular, request information about the purposes of the processing, the category of personal data, the categories of recipients your personal data was or is disclosed to, the projected storage period, the existence of a right to rectification, erasure, restriction of processing or to object, the existence of a right to lodge a complaint, about the origin of your data to the extent they have not been collected by us, and about the existence of any automatic decision-making, including profiling, and meaningful information on their details, if any;

b)16 of the GDPR, to have incorrect personal data stored by us rectified or incomplete personal data stored by us completed without undue delay;

c)17 of the GDPR, to have the personal data stored by us to be erased where the processing is not required to exercise the right to freedom of expression and information, to comply with a legal obligation for reasons of public interest or for the establishment, exercise or defense of legal claims;

d)18 of the GDPR, to have of processing of your personal data restricted where you contest the accuracy of the data, the processing is unlawful, but you oppose their erasure and we do not need the data anymore, but you need them for the establishment, exercise or defense of legal claims or you have objected the processing pursuant to Art 21 of the GDPR;

e)20 of the GDPR, to receive your personal data which you have provided to us in a structured, commonly used and machine-readable format and to have those data transmitted to another controller;

f)7(3) of the GDPR, to withdraw the consent you have once given at any time. This would mean that we are no longer allowed to carry out the data processing which is based on such consent.

g)77 of the GDPR, to lodge a complaint with a supervisory authority. Usually, you can contact the supervisory authority of your habitual residence, place of work or the headquarters of our company for this purpose.

To exercise the afore-mentioned rights and if you have any question regarding privacy, please contact the controller as per the above subparagraph 1 or send an e-mail to dsb@imsgear.com.

7. Right to object

If your personal data are processed on the basis of legitimate interests pursuant to Article 6(1)(1)(f) of the GDPR, you have the right pursuant to Article 21 of the GDPR to object to the processing of your personal data when there are reasons for this arising out of your particular situation or when the objection concerns direct marketing. In the latter case, you have a general right to object, which is fulfilled by us without a particular situation having to be stated. If you want to exercise your right to withdraw or your right to object, please just send an email to dsb@imsgear.com.

8. Right to lodge a complaint with a supervisory authority

 You have the option to contact the above-mentioned data protection officer or a data protection supervisory authority if in your opinion the processing of your personal details is in violation of the GDPR legislation. For us, the responsible data protection supervisory authority is:

Landesbeauftragter für Datenschutz und Informationsfreiheit Baden-Württemberg

Königstr. 10a, 70173 Stuttgart, Germany

9. Up-to-dateness and modification of these privacy notices

The privacy notices are up to date and were last revised in September 2020. As a result of changes to our business activities and amended laws and regulatory requirements, it may be necessary to modify this Privacy Policy.