Data Protection Statement of procontrain GmbH

We appreciate you visiting our website and we thank you for your interest in our services. Protection of personal data is a very important issue for us. Therefore, the processing of personal data of a data subject, for instance of names, postal or e-mail addresses and phone numbers, is carried out in accordance with the applicable European and national legislation.

If data processing is necessary, but there is no legal basis for such processing, we generally request a consent from the data subject.

You can revoke your declaration of consent with future effect at any time. Please contact then the controller. Contact information is indicated at the end of this data protection statement.

In the following chapters, our company procontrain GmbH (hereinafter called “our company”, “we”, “us” etc.) would like to inform the general public about nature, extent and purpose of the data processed. In this data protection statement the persons concerned shall furthermore be informed of the rights granted to them.

Definitions

The data protection statement of our company is based on the terms, which the European legislative and regulatory authority uses in the EU General Data Protection Regulation (hereinafter called “GDPR”). Our data protection statement aims to be easy to read and to understand by general public as well as by our customers or business partners. To guarantee this we shall first explain the terms used.

We use in this data protections statement and on our internet homepage, inter alia, following terminology:

Personal data means any information relating to an identified or identifiable natural person ('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 to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

Data subject means any identified or identifiable natural person whose personal data is processed by the party responsible for the processing.

Processing means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

Restriction of processing means the marking of stored personal data with the aim of limiting their processing in the future.

Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.

Pseudonymisation means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.

Controller or the party responsible for the processing means the natural or legal person, public authority, agency or 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 or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.

Processor means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

Recipient means a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients.

Third party means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.

Consent of the data subject means any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

Rights of the data subject

Right to confirmation: Every data subject shall have the right to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed.
If a data subject wishes to make use of this right of confirmation, he/she can contact the controller at any time.

Right of access by the data subject: Any data subject affected by the processing of personal data shall have the right at any time and free of charge to obtain from the controller information concerning the personal data stored about him or her and to get a copy of such information. Furthermore, the European legislative and regulatory authorities have granted to the data subject rights on the following information:

the purposes of the processing
the categories of personal data concerned
the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations
where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period
the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing
the right to lodge a complaint with a supervisory authority
where the personal data are not collected from the data subject, any available information as to their source
the existence of automated decision-making, including profiling, referred to in the Art. 22 Para. 1 and 4 GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject

Further, the data subject has also right of access to information, whether personal data are transferred to a third country or to an international organisation. If that is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.

When the data subject wishes to make use of this right of access, he or she can at any time contact the data processing controller.

Right to rectification: Every data subject shall have the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Further, taking into account the purposes of the processing, the data subject shall also have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

If the data subject wishes to make use of this right of rectification, he or she can at any time contact the data processing controller.

Right to erasure (right to be forgotten): Every data subject shall have the right to obtain from the controller the erasure of personal data concerning him or her without undue delay, where one of the following grounds applies and data processing is not necessary:

The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
The data subject withdraws consent on which the processing is based according to Art. 6 Para. 1 lit. a GDPR, or Art. 9 Para. 2 lit. a GDPR, and where there is no other legal ground for the processing.
The data subject objects to the processing pursuant to Art. 21 Para 1 GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Art. 21 Para 2 GDPR.
The personal data have been unlawfully processed.
The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
The personal data have been collected in relation to the offer of information society services referred to in Art. 8 Para. 1 GDPR.

If one of the abovementioned reasons applies and the data subject would like to demand erasure of his or her personal data, which have been stored by us, he or she can at any time contact the controller. The request of the data subject will be fulfilled promptly.

If the personal data have been made public by our company and if we as controller are obliged pursuant to Art. 17 Para 1 GDPR to erase the personal data, our company taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers which process the disclosed personal data that the data subject has requested from these other data controllers the erasure of all links to such personal data or of copies or replications of such personal data. This paragraph shall not apply if processing is necessary. The controller will then case-by-case make the necessary arrangements.

Right to restriction of processing: Each data subject affected by the processing of personal data shall have the right to request from the controller restriction of processing where one of the following condition applies:

The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
The processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead.
The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
The data subject has objected to processing pursuant to Art. 21 Para. 1 GDPR and the verification is pending, whether the legitimate grounds of the controller override those of the data subject.

If one of the abovementioned reasons is present and the data subject would like to request restriction of his or her personal data, which have been stored by us, he or she can at any time contact the controller. The restriction of processing will be effectuated without delay.

Right to data portability: Each data subject affected by the processing of personal data shall have the right to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format. He or she has also 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 Art. 6 Para. 1 lit. a GDPR or Art. 9 Para. 2 GDPR or on a contract pursuant to Art. 6 Para. 1 lit. b GDPR and the processing is carried out by automated means. Right of data portability shall not apply to processing necessary for the performance of a task to be carried out in the public interest or in the exercise of official authority delegated to the controller.

In exercising his or her right to data portability pursuant to Art. 20 Para. 1 GDPR, the data subject shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible and provided that this right shall not adversely affect the rights and freedoms of others.

In order to enforce the right to data portability the data subject can at any time contact the controller.

Right to object: Each data subject affected by the processing of personal data shall have the right to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on Art. 6 Para. 1 lit. e GDPR or Art. 6 Para. 1 lit f GDPR. This also applies to profiling based on those provisions.

In case of an objection our company shall no longer process the personal data, unless we can show compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or the processing serves the purposes of establishment, exercise or defence of legal claims.

Where personal data are processed by our company for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This includes also profiling to the extent that it is related to such direct marketing.

Where the data subject submits an objection to us against processing for direct marketing purposes, the personal data shall no longer be processed for such purposes by us.

Where personal data are processed for scientific or historical research purposes or statistical purposes pursuant to Art. 89 Para. 1 GDPR, the data subject, on grounds relating to his or her particular situation, shall have the right to make an objection to us against processing of personal data concerning him or her, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

In order to exercise the right to object, the data subject may directly contact the controller. In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, the data subject may exercise his or her right to object by automated means using technical specifications.

Automated individual decision-making, including profiling: Each data subject affected by the processing of personal data shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects on him or her, or in a similar manner significantly affects him or her. The aforementioned right shall not apply, if the decision

is necessary for entering into, or performance of, a contract between the data subject and a data controller;
is authorised by Union or Member State law to which the controller is subject, and this legislation lays down suitable measures to safeguard the rights, freedoms and legitimate interests of the data subject; or
is based on explicit consent of the data subject

If the decision to enter into, or to perform, a contract between the data subject and the controller is required, or if the decision is made with the explicit consent of the data subject, our company shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision.

If the data subject wishes to assert the right of automated individual decision-making, he or she can contact the controller at any time.

Right to revoke the declaration of consent: Each data subject affected by the processing of personal data shall have the right to withdraw his or her consent at any time.

If the data subject wishes to make use of the right to revoke the declaration of consent, he or she can contact the controller at any time.

Right to lodge a complaint with a supervisory authority: Without prejudice to any other administrative or judicial remedy, every data subject shall have the right to lodge a complaint with a supervisory authority, in particular in the Member State of his or her habitual residence, place of work or place of the alleged infringement if the data subject considers that the processing of personal data relating to him or her infringes this Regulation. A list of the state data protection officers and their contact details can be found at the following link:

https://www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html

Cooperation with processors and third parties

If we disclose data to other people and companies (processors or third parties) as part of our processing, transmit them to them or otherwise grant them access to the data, this will only be done on the basis of legal permission (e.g. if the data is transmitted to third parties, as to payment service providers, in accordance with Art. 6 Para. 1 lit. b GDPR for the fulfillment of the contract), you have consented, a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.).

If we commission third parties to process data on the basis of a so-called "order processing contract", this is done on the basis of Art. 28 GDPR.

Routine deletion and blocking of personal data

The controller processes (in this connection also: stores) the personal data of the data subject only for the period necessary to achieve the purpose of the storage or,

if the processing is required by the European legislative and regulatory authorities, or laid down in another law or regulation to which the controller is liable.

If the purpose of the storage ceases to apply, or if a storage period prescribed by the European directives and regulations or by any other relevant legislator expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.

Privacy in recruitment and in the application process

The controller collects and processes personal data for the purposes of the application procedure. The processing can also be done electronically. This is particularly the case where an applicant submits the corresponding documents to the controller by means of electronic communications, e.g. by e-mail. If the controller concludes a contract of employment with one applicant, the transmitted data are stored for the purpose of executing the employment relationship in compliance with the statutory provisions. If the controller does not conclude a contract of employment with any of the applicants, the application documents will automatically be deleted six months after the notification of letter of rejection, provided that deletion does not conflict with any other legitimate interests of the controller. In this context other legitimate interest means for instance a burden of proof in legal proceedings pursuant to the General Law on Equal Treatment (AGG).

Security of personal data

Our company shall take numerous technical and organizational measures in order to protect your personal data against accidental or illegal destruction, alteration, loss, unlawful disclosure or unauthorized access.

Nevertheless, for instance internet-based data transfer can principally bear gaps in the security, and therefore absolute protection cannot be guaranteed. For this reason, any data subject is free to communicate personal data to us in an alternative way, for instance by telephone.

Website Encryption

This site uses SSL- or rather TLS-encryption for security reasons and to protect the transmission of confidential content, such as the requests you send to us as the site operator. You can recognize an encrypted connection by the fact that the address line of the browser changes from "http: //" to "https: //" and by the lock symbol in the browser line.

If encryption is activated, the data that you transmit to us cannot be read by third parties.

Collection of general data and information

Our website collects a number of general data and information each time the website is accessed by data subject or an automated system. This general data and information is stored in the log files of the server. Following data can be collected:

browser types and versions used
operating system used by the accessing computer
website from which an accessing system gets to our website (so called referrers)
sub-websites, which are accessed via an accessing system on our website
date and time of access to our website
web protocol address (IP address)
Internet service provider of the accessing system
other similar data and information, which is used to protect our information technology systems against possible attacks

When using this general data and information, our company does not draw any conclusions about the data subject. In fact, this information is needed in order:

to deliver the contents of our website correctly
to optimize the content of our website as well as possibly the advertising for it
to ensure long-term functionality of our information technology systems and of the technology on our website
to provide law enforcement authorities with necessary information related to criminal prosecution in case of a cyberattack

This collected data and information is therefore evaluated by our company on the one hand statistically, and on the other hand to increase data protection and data security in our company, and last but not least to ensure the best possible 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 the data subject.

This data is not amalgamated with other data sources.

This data is recorded on the basis of Art. 6 Para. 1 lit. f GDPR. The website operator has a legitimate interest in the technically error-free presentation and optimization of his website - the server log files must be recorded for this.

Request by E-Mail, Phone or Fax

If you contact us by e-mail, phone or fax, your request, including all personal data resulting from it (name, request), will be stored and processed by us for the purpose of processing your request. We will not pass on this data without your consent.

This data is processed on the basis of Art. 6 Para. 1 lit. b GDPR, if your request is related to the fulfilment of a contract or is necessary to carry out pre-contractual measures. In all other cases, the processing is based on our legitimate interest in the effective processing of inquiries addressed to us (Art. 6 Para. 1 lit. f GDPR) or on your consent (Art. 6 Para. 1 lit. a GDPR) if this was queried.

The data you send to us via contact requests will remain with us until you request deletion, revoke your consent to storage or the purpose for data storage no longer applies (e.g. after your request has been processed). Mandatory statutory provisions - especially legal storage periods - remain unaffected.

Data transmission via web form

Data subject has an option to register on the website of the controller stating his or her personal data. During the registration process the respective entry windows indicate, which personal data are transmitted to the controller. The personal data entries made by the data subject are exclusively intended for internal use of the controller, this data is collected and stored for the purposes of own use. The controller can transmit the data to one or to several processor(s), e.g. to parcel service which also makes only internal use of the personal data and acts under the responsibility of the controller.

By registration on the website of the controller the following data is also stored: data subject’s IP address, which the internet service provider has assigned, the date and the exact time at the moment of the registration. These data are stored against the background of being the only way to prevent misuse of our services. If necessary, these data can enable clearing up offences or copyright infringements committed. Insofar it is necessary to store this data as to protect the controller. In general, these data are not transmitted to a third party, unless there is a legal obligation to a transmission, or the data transmission serves legal pursuit of rights or criminal prosecution.

When the data subject registers himself or herself on the website and voluntarily supplies personal data, it enables the controller to offer to him or her content and services, which can by the very nature of the issues only be offered to registered users.

Links to other websites

Our websites contain links to other websites (so called external links).

Our company is as a supplier responsible for the contents of our own as required by the European and national legislation in force. Our own contents are to be distinguished from links to contents provided by other suppliers. We have no influence over whether or not operators of other websites comply with the European and national data protection regulations in force. Please learn more about the data protection statements on the websites of the respective suppliers.

Cookies

We use cookies in order to further improve our internet presentation for you, make it more user-friendly and to tailor it as well as possible to meet your needs. Cookies are small text data files, which a webserver sends to your internet browser when you visit a website. The cookies are stored locally on your terminal (personal computer, notebook, tablet, smartphone etc.).

Numerous websites and servers use cookies. Many cookies contain so called cookie ID, which is a unique identifier of the cookie. Cookie ID consists of a string of characters through which websites and servers can trace back the actual web browser, on which the cookie is stored. This allows the visited web pages and servers to distinguish the individual browser of the data subject from other web browsers that contain other cookies. A specific web browser can be recognized and identified by the unique cookie ID. The purpose of this information is to automatically recognize you and to facilitate your navigation, when you visit the website again with the same device.

You can also consent or reject cookies - also for web tracking - via the settings of your web browser. You can configure your web browser so that it blocks cookies generally, or you will be warned in advance when a new cookie is about to be stored. In this case, however, the functionality of the website may be impaired (for example when placing orders). Your browser also offers a function to delete cookies (for instance by choosing “Clear browsing data”. This is possible in all common web browsers. Further information can be found in the user manual or in the settings of your browser.

First-party cookies: First-party cookies are permanent cookies that are stored on the computer and only lose their validity when the expiry date assigned to them has expired. The word "party" refers to the domain from which the cookie originated. In contrast to third-party cookies, first-party cookies usually come from the website operator itself. They are therefore not accessible to browsers across domains. For example, website A assigns a cookie A, which is not recognized by website B, but can only be recognized by website A. This means that data cannot be passed on to third parties.

Third-party cookies: With a third-party cookie, the cookie is set and recorded by a third party. These cookies are mostly used by advertisers who use their cookies on other websites to collect information about website visitors using the cookies. These are data records that are stored in the user's web browser when he visits a page with the advertisement. If he visits a page with advertising from the same provider again, he will be recognized.

Gstatic

A web service from Google Ireland Limited, Gordon House, Barrow Street, 4 Dublin, Ireland (hereinafter: Gstatic) is loaded on our website. We use this data to ensure the full functionality of our website. In this context, your browser may transmit personal data to Gstatic.

The legal basis for the use of this web service is your consent in accordance with Art. 6 Para. 1 lit. a GDPR.

You can prevent Gstatic from collecting and processing your data by refusing your consent when you enter the website, deactivating the execution of script code in your browser or installing a script blocker in your browser.

The data will be deleted as soon as the purpose of their collection has been fulfilled. Further information on the handling of the transferred data can be found in Google's data protection declaration: https://policies.google.com/privacy

Google Tag Manager

We use Google Tag Manager on our website. Google Tag Manager is a solution that allows marketers to manage website tags through one interface. The Tag Manager tool itself (which implements the tags) is a cookie-free domain and does not collect any personal data. The tool triggers other tags, which in turn may collect data. Google Tag Manager does not access this data. If deactivation has been carried out at the domain or cookie level, this remains in place for all tracking tags that are implemented with Google Tag Manager.

Further information on Google Tag Manager and Google's data protection declaration can be found at the following link: https://policies.google.com/privacy

Google DoubleClick

A web service from Google Ireland Limited, Gordon House, Barrow Street, 4 Dublin, Ireland (hereinafter: DoubleClick) is loaded on our website. We use this data to ensure the full functionality of our website. In this context, your browser may transmit personal data to DoubleClick.

You can prevent DoubleClick from collecting and processing your data by refusing your consent when you enter the website, deactivating the execution of script code in your browser or installing a script blocker in your browser.

The legal basis for the use of Google Double Click is your consent in accordance with Art. 6 Para. 1 lit. a GDPR.

The data will be deleted as soon as the purpose of their collection has been fulfilled. Further information on the handling of the transferred data can be found in the DoubleClick data protection declaration: https://policies.google.com/privacy

Google Fonts

Google Fonts (https://fonts.google.com/) are used to visually improve the presentation of various information on this website. The web fonts are transferred to the cache of the browser when the page is called up so that they can be used for display.

When the page is called up, no cookies are stored by the website visitor. Data that are transmitted in connection with the page view are sent to resource-specific domains such as fonts.googleapis.com or fonts.gstatic.com. You will not be associated with data that may be collected or used in connection with the parallel use of authenticated Google services such as Gmail.

You can prevent the collection and processing of your data by this web service by refusing your consent when entering the website, deactivating the execution in your browser or installing a script blocker in your browser. If your browser does not support the Google Fonts or you prevent access to the Google servers, the text is displayed in the system's standard font.

The legal basis for the use of this web service is your consent in accordance with Art. 6 Para. 1 lit. a GDPR.

You can find information on the data protection conditions of Google Fonts at: https://developers.google.com/fonts/faq#Privacy

General information on data protection can be found in the Google Privacy Center at: https://policies.google.com/privacy

YouTube

On our website, we use plug-ins from the video platform YouTube.de or YouTube.com, a service that - represented by Google - is operated by YouTube LLC, 901 Cherry Avenue, San Bruno, CA 94066, USA (hereinafter “YouTube"). Using the plug-ins, we can also integrate audio-visual content (“videos”) that we have published on Youtube.de and possibly YouTube.com on this website. The videos are all integrated in the "extended data protection mode", i.e. that no data about you as a user will be transmitted to YouTube if you do not play the videos. Conversely, this means that data is only transferred when you play the videos. We have no influence on this data transmission.

When you visit the website, YouTube receives the information that you have accessed the corresponding subpage of our website. In addition, the data mentioned under the section "Access data" will be transmitted. This takes place regardless of whether YouTube provides a user account that you are logged in to or whether there is no user account. If you are logged in to Google, your data will be assigned directly to your account. If you do not want your YouTube profile to be assigned, you must log out before activating the button.

The legal basis for the use of YouTube is your consent in accordance with Art. 6 Para. 1 lit. a GDPR. We have no knowledge of the storage period at YouTube and have no influence on it.

Further information on the purpose and scope of processing by YouTube can be found in the data protection declaration at https://www.google.de/intl/de/policies/privacy

Name and address of the controller:

Party responsible for the processing of personal data for the purposes of the European Union General Data Protection Regulation (GDPR), or of other applicable data protection laws in the Member States of the European Union, and of other provisions relating to protection of personal data, is

Christoph Seidl
procontrain GmbH
Berliner Platz 6, 25524 Itzehoe/Germany

Amendments in Data Protection Statement

We reserve the right to amend our data protection practices and this data protection statement in order to adjust the aforesaid to reflect possible changes in relevant laws or regulations, or to meet your needs better. Possible amendments in our data protection practices will correspondingly be published here. Please inform yourself about the current date of our data protection policy.