We are glad about your interest in our company. The management of Auxil Management GmbH attaches great importance to data privacy. The Auxil Management GmbH website can generally be used without providing any personal data. However, if a person would like to take advantage of the special services offered by our company via our website, it may be necessary to process personal data. If it is required to process personal data, and there is no legal basis for such processing, we generally obtain the consent of the person involved.
Auxil Management GmbH is the data processor and has implemented numerous technical and organizational precautions to ensure that the personal data processed via this website is protected as completely as possible. Nevertheless, Internet-based data transmissions can generally have security gaps, so that absolute protection cannot be guaranteed. For this reason, every person concerned is free to transmit personal data to us by alternative means, for example, by telephone.
a) Personal Data
Personal data means any information relating to an identified or identifiable natural person (hereinafter referred to as '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 one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
b) The Data Subject
Data subject means any identified or identifiable natural person whose personal data are processed by the controller.
Processing is any operation or set of operations, performed upon personal data, whether or not by automatic means, such as collection, recording, organization, filing, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
d) Restriction on Processing
Restriction of processing is the marking of stored personal data to limit their future processing.
Profiling is any automated processing of personal data consisting of the use of such personal data to evaluate certain personal aspects relating to a natural person; in particular to assess or predict issues concerning the performance of work, economic situation, health, personal preferences, interests, reliability, conduct, location or change of position of that natural person.
Pseudonymisation is the processing of personal data in such a way that personal data can no longer be attributed to a specific data subject without additional information. As long as this additional information is kept separately and is subject to technical and organizational measures which ensure that the personal data is not attributed to an identified or identifiable natural person.
g) Data Controller
The controller is the natural or legal person, public authority, agency, or any 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 law or by the law of the Member States, provision may be made for the controller or the specific criteria for his or her designation by Union law or the law of the Member States.
h) The Processor
The processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
i) The Recipient
The recipient is a natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not it is a third party. However, authorities which may receive personal data in the course of a specific investigation, by Union or national law, shall not be considered as recipients.
j) The Third-party
Third-party means any natural or legal person, public authority, agency, or body other than the data subject, the controller, the processor, and the persons who, under the direct authority of the controller or the processor, are authorized to process the personal data.
The consent shall mean any freely given specific and informed expression of the data subject's will in an informed and unequivocal manner. This can have the form of a declaration or other explicit affirmative act by which the data subject signifies his or her consent to the processing of personal data relating to him or her.
Auxil Management GmbH
Tel.: +49 228 98 14 82 – 14
The data protection manager of the controller is:
Dr. Gregor Scheja
Scheja und Partner Rechtsanwälte mbB
Tel.: (+49) 0228-227 226 0
Tel.: (+49) 0228-227 226 0
Every person concerned can contact our data protection manager directly at any time with all questions and suggestions concerning data privacy.
The Auxil Management GmbH website collects several general data and information each time a person or automated system accesses the website. These general data and information are stored in the log files of the server. The following can be recorded: (1) browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system accesses our website (the so-called referrer), (4) the sub-websites that are accessed via an accessing system on our website, (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) other similar data and information which serve to prevent danger in the event of attacks on our information technology systems.
When using this general data and information, Auxil Management GmbH does not draw any conclusions about the person concerned. Rather, this information is required (1) to deliver the contents of our website correctly, (2) to optimize the contents of our website as well as the advertising for it, (3) to ensure the permanent operability of our information technology systems and the technology of our website and (4) to provide law enforcement authorities with the information necessary for prosecution in the event of a cyber attack. This anonymously collected data and information are therefore evaluated by Auxil Management GmbH on the one hand statistically and also to increase data protection and data security in our company, to ultimately ensure an optimum level of protection for the personal data processed by us. The anonymous data of the server log files are stored separately from all personal data provided by a person concerned.
The controller shall process and store personal data relating to the data subject only for the time necessary to achieve the purpose of storage or where provided for by the European Directive and Regulation or by any other law or regulation to which the controller is subject.
If the storage purpose ceases to apply or if a storage period prescribed by the European Directive and Regulation Giver or any other competent legislator expires, the personal data will be blocked or deleted as of a matter of routine and following the legal provisions.
a) Right to Confirmation
Every data subject has the right, granted by the European Directives and Regulations, to obtain approval from the controller as to whether personal data relating to him are being processed. If a data subject wishes to exercise this right of confirmation, he or she may at any time contact any employee of the controller.
b) Right of Access
Any person affected by the processing of personal data has the right, granted by the European Directives and Regulations, to obtain at any time and free of charge from the controller information about the personal data that are stored and may require a copy. Furthermore, the European Directive and Regulation giver has granted the data subject access to the following information:
the processing purposes
the categories of personal data processed
the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular to recipients in third countries or international organizations
if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration
the existence of a right of rectification or erasure of personal data relating to them or of a right of objection to their processing by the controller
the existence of a right of appeal to a supervisory authority
if the personal data are not collected from the data subject: All available information on the origin of the data
the existence of automated decision-making, including profiling, following Article 22 (1) and (4) of the DPA and, at least in these cases, meaningful information about the logic involved and the scope and intended impact of such processing on the data subject
The data subject shall also have the right to obtain information as to whether personal data have been transferred to a third country or an international organization. If this is the case, the data subject shall also have the right to obtain information on the appropriate safeguards concerning the transfer.
If a data subject wishes to exercise this right of access, he or she may at any time contact a member of the staff of the controller.
c) Right of Correction
Every person concerned by the processing of personal data has the right, granted by the European legislator, to request the correction without delay of inaccurate personal data concerning him. The data subject shall also have the right to request the completion of incomplete personal data, including using a supplementary declaration, having regard to the purposes of the processing.
If a data subject wishes to exercise this right of rectification, he or she may at any time contact any employee of the controller.
d) Right of Erasure (Right to be forgotten)
Any person affected by the processing of personal data has the right, granted by the European Directives and Regulations, to obtain from the controller the immediate erasure of personal data relating to him/her, where one of the following reasons applies and provided that the processing is not necessary:
the personal data have been collected or otherwise processed for purposes for which they are no longer necessary
The data subject withdraws the consent on which the processing was based according to Article 6(1)(a) of the DPA or Article 9(2)(a) of the DPA, and there is no other legal basis for the processing.
The data subject lodges an objection to the processing according to Article 21 (1) DPA, and there are no overriding legitimate reasons for the processing, or the data subject lodges an objection to the processing according to Article 21 (2) DPA.
The personal data were processed unlawfully
The deletion of personal data is necessary to comply with a legal obligation under Union law or the law of the Member States to which the controller is subject
The personal data was collected with information society services offered, following Article 8 (1) of the DS-GVO
If any of the above reasons apply and a data subject wishes to have personal data stored by Auxil Management GmbH deleted, he/she may contact an employee of the data controller at any time. The employee of Auxil Management GmbH will ensure that the request for deletion is complied with immediately.
If the personal data has been made public by Auxil Management GmbH and our company as the responsible party is obliged to delete the personal data according to Art. 17 para. 1 DS-GVO, Auxil Management GmbH, will take reasonable measures, including technical measures, taking into account the available technology and the implementation costs, to inform other data controllers. They process the published personal data that the data subject has requested that these other data controllers delete all links to this personal data or copies or replications of this personal data unless the processing is necessary. The employee of Auxil Management GmbH will take the required steps in individual cases.
e) Right to Limit Processing
Any person affected by the processing of personal data has the right, granted by the European Directives and Regulations, to request the controller to restrict the processing if one of the following conditions is met:
the accuracy of the personal data is contested by the data subject, for some time sufficient to enable the controller to verify the accuracy of the personal data
The processing is unlawful; the data subject refuses to have the personal data deleted and instead requests the restriction of the use of the personal data.
The controller no longer needs the personal data for the processing, but the data subject requires them to assert, exercise, or defend legal claims.
The data subject has lodged an objection to the processing following Article 21 (1) of the DPA, and it is not yet clear whether the legitimate reasons given by the controller outweigh those of the data subject.
If one of the above conditions is met and a data subject wishes to request the restriction of personal data stored by Auxil Management GmbH, he/she may contact an employee of the data controller at any time. The employee of Auxil Management GmbH will arrange for the restriction of the processing.
f) Right to Data Transferability
Every person concerned by the processing of personal data has the right, granted by the European Directives and Regulations, to receive the personal data concerning him/her, which has been provided by the data subject to a controller in a structured, common, and machine-readable format. He/she also has the right to have this data communicated to another controller without hindrance by the controller to whom the personal data has been made available, provided that the processing is based on the consent according to Art. 6(1)(a) DPA or Art. 9(2)(a) DPA or on a contract according to Art. 6(1)(b) DPA and that the processing is carried out through automated procedures unless the processing is necessary for the performance of a task carried out in the public interest or the exercise of official authority vested in the controller.
Furthermore, when exercising their right to data transferability following Art. 20 Paragraph 1 DPA, the data subject has the right to request that personal data be transferred directly from one controller to another controller, insofar as this is technically feasible and provided that this does not adversely affect the rights and freedoms of other persons.
To assert the right to data transfer, the person concerned can contact an employee of Auxil Management GmbH at any time.
g) Right to Object
Every person involved by the processing of personal data has the right, granted by the European legislator for directives and regulations, to object at any time, for reasons arising from his or her particular situation, to the processing of personal data concerning him or her that is carried out based on Article 6(1)(e) or (f) of the DPA. This also applies to profiling processes based on these provisions.
In case of an objection, Auxil Management GmbH will no longer process the personal data, unless we can prove compelling reasons for processing that are worthy of protection and outweigh the interests, rights and freedoms of the person concerned, or the processing serves to assert, exercise or defend legal claims.
If Auxil Management GmbH processes personal data for direct marketing, the person concerned has the right to object at any time to the processing of personal data for such marketing. This also applies to profiling, insofar as it is related to such direct marketing. If the data subject objects to Auxil Management GmbH processing for direct marketing purposes, Auxil Management GmbH will no longer process the personal data for these purposes.
In addition, the data subject has the right to object, for reasons relating to his or her particular situation, to the processing of personal data concerning him or her being carried out at Auxil Management GmbH for purposes of scientific or historical research or statistical purposes following Article 89 paragraph 1 of the DS-GVO, unless such processing is necessary for the performance of a task carried out in the public interest.
To assert the right of objection, the data subject may directly contact any employee of Auxil Management GmbH or any other employee. The data subject is also free to exercise his right of objection in connection with the use of information society services, notwithstanding Directive 2002/58/EC, using automated procedures involving technical specifications.
h) Automated Case-by-Case Decisions Including Profiling
Every person concerned by the processing of personal data has the right, as granted by the European Directives and Regulations, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or significantly affects him or her in a similar way, provided that the decision is not necessary for the conclusion or performance of a contract between the data subject and the controller, is authorized by Union or national legislators to which the controller is subject and that such law provides for adequate safeguards of the rights and freedoms and legitimate interests of the data subject, or is taken with the explicit consent of the data subject.
Where the decision is (1) necessary for the conclusion or performance of a contract between the data subject and the controller, or (2) is taken with the express consent of the data subject, Auxil Management GmbH shall take appropriate measures to safeguard the rights and freedoms and legitimate interests of the data subject. This includes at least the right to obtain the intervention of the controller, to put forward his point of view, and to challenge the decision.
If the data subject wishes to exercise rights relating to automated decisions, he or she may at any time contact a member of the staff of the controller.
i) Right to Revoke a Data Protection Consent
Every person affected by the processing of personal data has the right, granted by the European Directive and Regulation Giver, to revoke his or her consent to the processing of personal data at any time.
If the data subject wishes to exercise his or her right to withdraw consent, he or she may at any time contact any employee of the controller.
The controller collects and processes the personal data of applicants to process the application procedure. The processing may also be carried out by electronic means. This is particularly the case if an applicant submits the relevant application documents to the controller electronically, for example, by e-mail or via a web form on the website. If the data controller concludes an employment contract with an applicant, the transmitted data is stored to process the employment relationship in compliance with the statutory provisions. If the controller does not conclude an employment contract with the applicant, the application documents shall be automatically deleted two months after notification of the rejection decision, unless deletion is contrary to any other legitimate interests of the controller. Other legitimate interests in this sense include, for example, a duty of proof in proceedings under the General Equal Treatment Act (AGG).
Art. 6 I lit. a GDPR serves our company as a 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 a party, as is the case, for example, with processing operations necessary for the supply of goods or the provision of another service or consideration, the processing is based on Art. 6 I lit. b GDPR. The same applies to such processing operations, which are necessary for the implementation of pre-contractual measures, for example, in cases of inquiries about our products or services. If our company is subject to a legal obligation which makes it necessary to process personal data, for example, to fulfill tax obligations, the processing is based on Art. 6 I lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor to our company was injured and his or her name, age, health insurance details, or other vital information had to be disclosed to a doctor, hospital or another third party. The processing would then be based on Art. 6 I lit. d GDPR. Finally, processing operations could be based on Art. 6 I lit. f GDPR. Processing operations which are not covered by any of the above legal bases are based on this legal basis if the processing is necessary to safeguard a legitimate interest of our company or a third party, provided that the interests, fundamental rights and freedoms of the data subject do not prevail. We are permitted to carry out such processing operations in particular because the European legislator has specifically mentioned them. In this respect, it took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47 sentence 2 GDPR ).
If the processing of personal data is based on Article 6, I lit. f GDPR, our legitimate interest is to carry out our business activities for the benefit of the well-being of all our employees and our shareholders.
The criterion for the duration of storage of personal data is the respective legal retention period. After the expiry of this period, the corresponding data is routinely deleted, provided that it is no longer required for the fulfillment of the contract or the initiation of a contract.
We want to inform you that the provision of personal data is partly required by law (e.g., tax regulations) or can also result from contractual regulations (e.g., information on the contractual partner). Sometimes it may be necessary for a contract to be concluded that a data subject provides us with personal data, which must subsequently be processed by us. For example, the person concerned is obliged to provide us with personal data if our company concludes a contract with him/her. Failure to provide personal data would mean that the contract with the person concerned could not be concluded. Before the person concerned makes personal data available, he or she must contact one of our employees. Our employee will inform the data subject on a case-by-case basis 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 what the consequences would be if the personal data were not provided.
As a responsible company, we avoid automatic decision making or profiling.