Privacy policy

1. Data protection summary

General information

The following information provides a simple overview of what happens to your personal data when you visit this website. Personal data is any data that can be used to personally identify you. For detailed information on the subject of data protection, please refer to our data protection declaration below this text.

Data collection on this website

Who is responsible for the data collection on this website?

The data processing on this website is carried out by the website operator. You can find the contact details in the ‘Note on the responsible party’ section of this data protection declaration.

How do we collect your data?

On the one hand, your data is collected when you provide it to us. This may be data that you enter in a contact form, for example.

Other data are collected automatically by our IT systems or with your consent when you visit the website. These data are primarily technical data such as the browser and operating system you are using or when you accessed the page. These data are collected automatically as soon as you enter this website.

What do we use your data for?

Some of the data is collected to ensure that the website is provided without errors. Other data can be used to analyse your user behaviour.

What rights do you have regarding your data?

You have the right to receive information about the origin, recipients and purpose of your stored personal data free of charge at any time. You also have the right to request the correction or deletion of this data. If you have given your consent to the data processing, you can revoke this consent at any time in the future. In addition, you have the right to request the restriction of the processing of your personal data under certain circumstances. Furthermore, you have the right to appeal to the relevant regulatory authority.

You can contact us at any time regarding this or any other questions on the subject of data protection.

Analysis tools and tools from third-party providers

When you visit this website, your surfing behavior may be statistically evaluated. This is mainly done with so-called analysis programs.
Detailed information on these analysis programs can be found in the following privacy policy.

2. Hosting

We host the contents of our website with the following provider:

Mittwald

The provider is Mittwald CM Service GmbH & Co. KG, Königsberger Straße 4-6, 32339 Espelkamp, Germany (hereinafter Mittwald). When you visit our website, Mittwald collects various log files including your IP addresses.

For details, please refer to Mittwald’s privacy policy: https://www.mittwald.de/datenschutz

The use of Mittwald is based on Art. 6 para. (1) f GDPR. We have a legitimate interest in ensuring that our website is displayed as reliably as possible. If a corresponding consent has been requested, the processing is carried out exclusively on the basis of Art. 6 para. (1) a GDPR and Section 25 (1) TTDSG, insofar as the consent includes the storage of cookies or access to information in the user’s end device (e.g. for device fingerprinting) within the meaning of the TTDSG. Consent can be withdrawn at any time.

Order processing

We have concluded an agreement on commissioned data processing for the use of the above-mentioned service. This is a contract that is required under data protection law and ensures that the personal data of our website visitors is processed only in accordance with our instructions and in compliance with the GDPR.

3. General information and mandatory disclosures

Privacy policy

The operators of these pages take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and this privacy policy.

When you use this website, various personal data is collected. Personal data is data that can be used to personally identify you. This privacy policy explains what data we collect and what we use it for. It also explains how and for what purpose this is done.

We would like to point out that data transmission over the internet (e.g. when communicating by email) can have security gaps. It is not possible to provide seamless protection of data from access by third parties.

Note on the responsible body

The data processing controller on this website is:

Trans Europa Express Holding AG
Oechsli 7
CH 8807 Freienbach SZ
Telephone: +41 55 415 01 70
Email: datenschutz@tex-holding.com

The responsible party is the natural or legal person who alone or jointly with others decides on the purposes and means of processing personal data (names, email addresses, etc.).

Storage duration

Unless a more specific storage period has been specified in this data protection declaration, your personal data will remain with us until the purpose for which it was collected no longer applies. If you assert a justified request for deletion or revoke your consent to data processing, your data will be deleted, provided that we have no other legally permissible reasons for storing your personal data (e.g. tax or commercial law retention periods); in the latter case, the deletion will take place after these reasons cease to apply.

General information on the legal basis for data processing on this website

If you have consented to data processing, we process your personal data on the basis of Art. 6 (1) a GDPR or Art. 9 (2) a GDPR, insofar as special categories of data are processed in accordance with Art. 9 (1) GDPR. In the event of express consent to the transfer of personal data to third countries, data processing is also carried out on the basis of Art. 49 (1) (a) GDPR. If you have consented to the storage of cookies or access to information in your end device (e.g. via device fingerprinting), data processing is also carried out on the basis of Section 25 (1) TTDSG. Consent can be withdrawn at any time. If your data is required to fulfill a contract or to carry out pre-contractual measures, we process your data on the basis of Art. 6 (1) b GDPR.

Furthermore, we process your data if this is necessary to fulfill a legal obligation on the basis of Art. 6 para. (1) c GDPR.Data processing may also be carried out on the basis of our legitimate interest in accordance with Art. 6 (1) f GDPR.Information on the relevant legal bases in each individual case is provided in the following paragraphs of this privacy policy.

Data protection officer

We have appointed a data protection officer.

Erik Joel Hallmann, LL.M.Biehn
professionals GmbH
T- Sicherheit und Risikomanagement
Wiesenstraße 32
33397 Rietberg-Mastholte
Telephone: 02944 97971 – 0
Email: info@biehn-und-professionals.de

Note on data transfer to the USA and other third countries

We use tools from companies based in the United States or other third countries that do not have adequate data protection laws, among other things. When these tools are active, your personal data may be transferred to and processed in these third countries. We would like to point out that these countries may not guarantee a level of data protection comparable to that in the EU. For example, US companies are obliged to release personal data to security authorities without you as the data subject being able to take legal action against this. It cannot therefore be ruled out that US authorities (e.g. secret services) may process, evaluate and permanently store your data on US servers for monitoring purposes. We have no influence over these processing activities.

Recipient of personal data

As part of our business activities, we work together with various external bodies.In some cases, it is also necessary to transfer personal data to these external bodies.We only pass on personal data to external bodies if this is necessary in the context of fulfilling a contract, if we are legally obliged to do so (e.g. passing on data to tax authorities), if we have a legitimate interest in passing on the data in accordance with Art. 6 (1) f GDPR or if another legal basis allows the data to be passed on. When using processors, we only pass on our customers’ personal data on the basis of a valid contract for order processing.

In the case of joint processing, a joint processing contract shall be concluded.

Withdrawal of your consent to data processing

Many data processing operations are only possible with your express consent. You can revoke consent that you have already given at any time. The legality of the data processing carried out up to the point of revocation remains unaffected by the revocation.

Right to object to data collection in special cases and to direct advertising (Art. 21 GDPR)

IF THE DATA PROCESSING IS CARRIED OUT ON THE BASIS OF ART. 6 ABS. 1 LIT. E OR F OF THE GDPR, YOU HAVE THE RIGHT TO OBJECT TO THE PROCESSING OF YOUR PERSONAL DATA AT ANY TIME FOR REASONS ARISING FROM YOUR PARTICULAR SITUATION; THIS ALSO APPLIES TO PROFILING BASED ON THESE PROVISIONS. THE RESPECTIVE LEGAL BASIS FOR PROCESSING IS PROVIDED IN THIS DATA PROTECTION DECLARATION. IF YOU OBJECT, WE WILL NO LONGER PROCESS YOUR AFFECTED PERSONAL DATA UNLESS WE CAN PROVE THAT THERE ARE COMPELLING REASONS FOR PROCESSING IT THAT ARE WORTHY OF PROTECTION AND THAT OUTWEIGH YOUR INTERESTS, RIGHTS AND FREEDOMS OR IF THE PROCESSING SERVES THE ESTABLISHMENT, EXERCISE OR DEFENCE OF LEGAL CLAIMS (OBJECTION PURSUANT TO ART. 21 SECT. 1 GDPR). IF YOUR PERSONAL DATA ARE PROCESSED FOR THE PURPOSE OF DIRECT MARKETING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA FOR THE PURPOSE OF SUCH MARKETING; THIS ALSO APPLIES TO PROFILING TO THE EXTENT THAT IT IS RELATED TO SUCH DIRECT MARKETING. IF YOU OBJECT, YOUR PERSONAL DATA WILL SUBSEQUENTLY NO LONGER BE USED FOR THE PURPOSE OF DIRECT MARKETING (OBJECTION PURSUANT TO ART. 21 SECT. 2 GDPR).

Right of appeal to the competent supervisory authority

In the event of violations of the GDPR, data subjects are entitled to log a complaint with a supervisory agency, in particular in the member state where they usually maintain their domicile, place of work or at the place where the alleged violation occurred. The right to log a complaint is in effect regardless of any other administrative or court proceedings available as legal recourses.

Right to data transfer

You have the right to demand that we hand over any data we automatically process on the basis of your consent or in order to fulfil a contract be handed over to you or a third party in a commonly used, machine-readable format. You have the right to have data which we process automatically on the basis of your consent or in fulfilment of a contract delivered to you or to a third party in a commonly used, machine-readable format. If you request the direct transfer of the data to another controller, this will be done only if it is technically feasible.

Disclosure, correction and deletion

You have the right to request information about your stored personal data, its origin and recipients, and the purpose of the data processing at any time and at no cost within the scope of the applicable legal provisions. You may also have a right to have this data corrected or deleted. Please contact us at any time if you have further questions about the issue of personal data.

Right to restriction of processing

You have the right to request that the processing of your personal data be restricted. You can contact us at any time in this regard. The right to restrict processing applies in the following cases:

• If you dispute the accuracy of your personal data stored by us, we usually need time to verify this. During the verification period, you have the right to request that the processing of your personal data be restricted.
• If the processing of your personal data was/is carried out unlawfully, you can request the restriction of data processing instead of deletion.
• If you have restricted the processing of your personal data, these data – apart from their storage – may be processed only with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the European Union or of a Member State.If we no longer need your personal data, but you need it to exercise, defend or assert legal claims, you have the right to request the restriction of the processing of your personal data instead of deletion.

  If you have objected to processing pursuant to Article 21(1) GDPR, your rights and our rights will have to be weighed against each other. While it is not yet clear whose interests prevail, you have the right to demand a restriction of the processing of your personal data.

If you have restricted the processing of your personal data, these data – apart from their storage – may be processed only with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the European Union or of a Member State.

SSL or TLS encryption

This site uses SSL or TLS encryption for security reasons and to protect the transmission of confidential content, such as orders or requests that you send to us as the site operator. You can recognise an encrypted connection by the fact that the address line of the browser changes from ‘http://’ to ‘https://’ and by the lock symbol in your browser line. If SSL or TLS encryption is activated, the data that you transmit to us cannot be read by third parties.

4. Data collection on this website

Contact form

If you send us inquiries via the contact form, your details from the inquiry form, including the contact data you provide there, will be stored by us for the purpose of processing the inquiry and in the event of follow-up questions. We will not pass on this data without your consent.This data is processed on the basis of Art. 6 (1) (b) GDPR if your request is related to the performance of a contract or is necessary for the implementation of pre-contractual measures.In all other cases, the processing is based on our legitimate interest in the effective processing of the inquiries addressed to us (Art. 6 para. 1 lit. f GDPR) or on your consent (Art. 6 para. 1 lit. a GDPR) if this has been requested; the consent can be revoked at any time. We will retain the data you provide on the contact form until you request its deletion, revoke your consent for its storage, or the purpose for its storage no longer pertains (e.g. after fulfilling your request). Mandatory statutory provisions – in particular retention periods – remain unaffected.

Enquiries by email, telephone or fax

If you contact us by e-mail, telephone or fax, we will store and process your inquiry, including all personal data (name, inquiry), 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 (1) (b) GDPR if your request is related to the performance of a contract or is necessary for the implementation of pre-contractual measures.In all other cases, the processing is based on our legitimate interest in the effective processing of the inquiries addressed to us (Art. 6 para. 1 lit. f GDPR) or on your consent (Art. 6 para. 1 lit. a GDPR) if this has been requested; the consent can be revoked at any time.The data you send to us via contact requests will remain with us until you ask us to delete it, 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 – in particular statutory retention periods – remain unaffected.

5. Analysis tools and advertising
   

Google Tag Manager

We use the Google Tag Manager. The provider is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland.

Google Tag Manager is a tool that allows us to integrate tracking or statistical tools and other technologies on our website. The Google Tag Manager itself does not create any user profiles, does not store any cookies and does not carry out any independent analyses. It is only used to manage and display the tools integrated via it. However, Google Tag Manager records your IP address, which may also be transmitted to Google’s parent company in the United States.

The Google Tag Manager is used on the basis of Art. 6 (1) f GDPR. The website operator has a legitimate interest in the fast and uncomplicated integration and management of various tools on its website. If a corresponding consent has been requested, the processing is carried out exclusively on the basis of Art. 6 para. (1) a GDPR and Section 25 para. 1 TDDDG, insofar as the consent includes the storage of cookies or access to information in the user’s terminal device (e.g. device fingerprinting) within the meaning of the TDDDG. Consent can be withdrawn at any time.

The company is certified in accordance with the “EU-US Data Privacy Framework” (DPF). The DPF is an agreement between the European Union and the USA that is intended to ensure compliance with European data protection standards for data processing in the USA. Every company certified under the DPF undertakes to comply with these data protection standards. Further information on this can be obtained from the provider at the following link: https://www.dataprivacyframework.gov/participant/5780.

Google Analytics

This website uses functions of the web analysis service Google Analytics. The provider is Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland.

Google Analytics enables the website operator to analyze the behavior of website visitors. The website operator receives various usage data, such as page views, length of visit, operating systems used and origin of the user. This data is assigned to the user’s end device. It is not assigned to a user ID.

We can also use Google Analytics to record your mouse and scroll movements and clicks, among other things. Google Analytics also uses various modeling approaches to supplement the collected data records and uses machine learning technologies for data analysis.

Google Analytics uses technologies that enable the recognition of the user for the purpose of analyzing user behavior (e.g. cookies or device fingerprinting). The information collected by Google about the use of this website is generally transmitted to a Google server in the USA and stored there.

The use of this service is based on your consent in accordance with Art. 6 (1) a GDPR and § 25 (1) TDDDG. Consent can be withdrawn at any time.

Data transfer to the USA is based on the standard contractual clauses of the EU Commission. You can find details here: https://privacy.google.com/businesses/controllerterms/mccs/.

The company is certified in accordance with the “EU-US Data Privacy Framework” (DPF). The DPF is an agreement between the European Union and the USA that is intended to ensure compliance with European data protection standards for data processing in the USA. Every company certified under the DPF undertakes to comply with these data protection standards. Further information on this can be obtained from the provider at the following link: https://www.dataprivacyframework.gov/participant/5780.

IP anonymization

Google Analytics IP anonymization is activated. As a result, your IP address will be shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area before being transmitted to the USA. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and truncated there. Google will use this information on behalf of the operator of this website for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage to the website operator. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data.

Browser Plugin

You can prevent the collection and processing of your data by Google by downloading and installing the browser plug-in available at the following link: https://tools.google.com/dlpage/gaoptout?hl=de.

You can find more information on how Google Analytics handles user data in Google’s privacy policy: https://support.google.com/analytics/answer/6004245?hl=de.

Order processing

We have concluded an order processing contract with Google and fully implement the strict requirements of the German data protection authorities when using Google Analytics.

6. Audio and video conferences

Data processing

We use online conferencing tools, among other things, to communicate with our customers. The tools we use in detail are listed below. When you communicate with us via video or audio conference over the internet, your personal data is collected and processed by us and the provider of the respective conferencing tool.

The conference tools collect all the data that you provide/use to use the tools (email address and/or your telephone number). Furthermore, the conference tools process the duration of the conference, the start and end (time) of participation in the conference, the number of participants and other ‘context information’ related to the communication process (metadata).

Furthermore, the tool provider processes all technical data required to handle the online communication. This includes, in particular, IP addresses, MAC addresses, device IDs, device type, operating system type and version, client version, camera type, microphone or loudspeaker, and the type of connection.

If content is exchanged, uploaded or otherwise provided within the tool, this is also stored on the tool provider’s servers. This content includes, in particular, cloud recordings, chat/instant messages, voicemails, uploaded photos and videos, files, whiteboards and other information shared while using the service. Please note that we do not have full influence on the data processing operations of the tools used. Our options are largely determined by the corporate policy of the respective provider. For more information on data processing by the conference tools, please refer to the data protection declarations of the tools used, which we have listed below this text.

Purpose and legal basis

The conference tools are used to communicate with prospective or existing contractual partners or to offer certain services to our customers (Art. 6 para. 1 lit. b GDPR). Furthermore, the use of the tools serves to generally simplify and accelerate communication with us or our company (legitimate interest within the meaning of Art. 6 (1) (f) GDPR). Insofar as consent has been requested, the use of the tools in question is based on this consent; consent may be revoked at any time with effect for the future.

Storage duration

The data collected directly by us via the video and conference tools will be deleted from our systems as soon as you request us to delete it, revoke your consent to store it, or the purpose for storing the data no longer applies. Stored cookies remain on your device until you delete them. Mandatory statutory retention periods remain unaffected.

We have no influence on the storage period of your data that is stored by the operators of the conference tools for their own purposes. For details, please contact the operators of the conference tools directly.

Conference tools employed

We use the following conference tools:

Microsoft Teams

We use Microsoft Teams. The provider is Microsoft Ireland Operations Limited, One Microsoft Place, South County Business Park, Leopardstown, Dublin 18, Ireland. For details on data processing, please refer to the Microsoft Teams privacy policy: https://privacy.microsoft.com/de-de/privacystatement.

Order processing

We have concluded an agreement on commissioned data processing for the use of the above-mentioned service. This is a contract that is required under data protection law and ensures that the personal data of our website visitors is processed only in accordance with our instructions and in compliance with the GDPR.

7. Own services

Handling of applicant data

We offer you the opportunity to apply to us (e.g. by email, post or via an online application form). The following information is about the scope, purpose and use of the personal data collected from you as part of the application process. We assure you that the collection, processing and use of your data is carried out in accordance with the applicable data protection law and all other statutory provisions and that your data will be treated in strict confidence.

Scope and purpose of data collection

If you send us an application, we will process your associated personal data (e.g. contact and communication data, application documents, notes taken during interviews, etc.) insofar as this is necessary to decide on the establishment of an employment relationship. The legal basis for this is Section 26 BDSG under German law (initiation of an employment relationship), Art. 6 (1) (b) GDPR (general contract initiation) and – if you have given your consent – Art. 6 (1) (a) GDPR. Consent can be withdrawn at any time. Within our company, your personal data will only be passed on to persons involved in processing your application.

If your application is successful, the data you have submitted will be stored in our data processing systems on the basis of Section 26 of the German Federal Data Protection Act (BDSG) and Article 6 (1) (b) GDPR for the purpose of implementing the employment relationship.

Storage duration of data

If we are unable to make you a job offer, if you reject a job offer or withdraw your application, we reserve the right to store the data you have submitted for up to six months from the end of the application process (rejection or withdrawal of the application) on the basis of our legitimate interests (Art. 6 (1) (f) GDPR). After that, the data will be deleted and the physical application documents destroyed. The storage serves in particular as evidence in the event of a legal dispute. If it is evident that the data will be required after the six-month period has expired (e.g. due to an impending or pending legal dispute), the data will only be deleted when the purpose for further storage no longer applies.

Longer storage may also take place if you have given your consent (Art. 6 para. 1 lit. a GDPR) or if statutory retention requirements prevent deletion.