Data protection

Thank you for your interest in our online offer. The protection of your privacy is of particular concern to us. The following information is intended to inform you about how, to what extent and for what purposes we process personal data and what rights affected persons are entitled to.

 

1. General part

1.1 Scope

This data protection declaration applies to all pages accessible at the address www.onyx-power.com including its sub-pages (hereinafter: “website”).

1.2 Legal basis

The legal basis for data protection can be found in the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG).

1.3. Name and address of the responsible person

The responsible party in the sense of the GDPR and other national data protection laws of the member states as well as other data protection regulations is:

Onyx Germany GmbH

represented by the Chief Executive Officer Dr. Peter Feldhaus

Alte Jakobstrasse 77

10179 Berlin

Phone: +49 30 863231-500

E-mail: info@onyx-power.com

– hereinafter: “the responsible”/”we”/”us”.

1.4. Name and address of the data protection officer

The following person has been appointed as data protection officer:

Lukas Biniossek

SCO-CON:SULT GmbH

Hauptstraße 27

53604 Bad Honnef

E-mail: datenschutz@onyx-power.eu

www.sco-consult.de

 

1.5. Contact details of the competent supervisory authority

Berliner Beauftragte für Datenschutz und Informationsfreiheit

Friedrichstr. 219

10969 Berlin

Phone: +49 (0)30 13889-0

Fax: +49 (0)30 2155050

E-mail: mailbox@datenschutz-berlin.de

 

1.6 Data protection principles and your rights

1.6.1 Definitions

This data protection declaration is based on the terms used by the European regulators when adopting the General Data Protection Regulation (GDPR). You can view the definitions in the Official Journal of the European Union.

1.6.2 Principles for processing personal data

The following principles apply to all processing operations set out in this privacy statement:

1.6.2.1 Purpose and scope of the processing of personal data

Personal data is collected only for the specified purposes. The scope of processing is limited to what is necessary for the purposes of processing. The person responsiblea reserves the right to process personal data if and to the extent necessary to protect its legitimate interest in asserting, exercising or defending legal claims.

1.6.2.2 Legal bases for the processing of personal data

Personal data may be processed if at least one of the following conditions is met:

  • Consent (Art. 6 para. 1 lit. a GDRP)
  • Contract performance or pre-contractual measures (Art. 6 para. 1 lit. b GDRP)
  • Legal obligation (Art. 6 para. 1 lit. c GDRP)
  • Safeguarding a legitimate interest on our part or on the part of a third party, insofar as the interests, fundamental rights and freedoms of the data subject do not outweigh the first-mentioned interest (Art. 6 para. 1 lit. f GDPR)
1.6.2.3. Storage period of personal data

The personal data of the data subject shall be deleted or blocked as soon as the purpose of the storage no longer applies. Storage may also take place if this has been provided for by the European or national legislator in Union regulations, laws or other provisions to which the responsible party is subject. Data will also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless there is a need for further storage of the data for the conclusion or performance of a contract.

1.6.2.4 Recipients of personal data

Recipients of personal data of data subjects are, in principle, only the responsible party and the processors used by the responsible party in compliance with data protection law. Data may also be disclosed to third parties if the data controller is entitled to do so by virtue of a permit or is obligated to do so by virtue of statutory provisions, administrative law or court orders.

1.6.2.5 Transfer of personal data to third countries

Should personal data of data subjects be transferred to countries outside the European Union (EU) or outside the European Economic Area (EEA), this will only be done if an adequate level of protection exists (Art. 45 GDPR) or appropriate safeguards are in place (Art. 46 GDPR) or under the conditions of Art. 49 GDPR for exceptions in specific cases.

1.6.2.6 Existence of automated decision making

As a responsible company, we do not use automated decision-making or profiling.

1.6.3 Rights of data subjects

Data subjects are entitled to the following rights:

1.6.3.1 Right to withdraw consent (Art. 7 (3) GDPR)

You can revoke your consent to the processing of data at any time with effect for the future.

1.6.3.2 Right of access (Art. 15 GDPR)

You can request information about whether personal data about you is being processed. In particular, you can request information about the processing purposes, the category of personal data, the categories of recipients to whom your data have been or will be disclosed, the planned storage period or criteria for this, the existence of a right to rectification, deletion, restriction of processing, objection or the existence of the right of appeal. Furthermore, you can request information about the origin of data that has not been collected from you. In addition, you can request to be informed whether automatic decision-making exists, whether data is transferred to a third country or to an international organization and on the basis of which guarantees this is done. You may request a copy of the personal data concerning you, provided that this does not affect the rights and freedoms of other persons.

1.6.3.3 Right of rectification (Art. 16 GDPR)

You may request the immediate correction of inaccurate or, taking into account the purposes of processing, the completion of your stored personal data.

1.6.3.4 Right to deletion (Art. 17 GDPR)

You may request the deletion of your stored personal data if the purpose of the processing has ceased to exist due to the effluxion of time or other reasons, you have withdrawn your consent or objected to the processing and there are no overriding reasons for the processing or other legal grounds, the legal basis for the data processing is missing or has ceased to exist and the processing is not necessary for the exercise of the right to freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the establishment, exercise or defense of legal claims. If we have made your data public, we are obliged to take reasonable steps to inform any recipient that you have requested the deletion of all links to or copies of the personal data in question.

1.6.3.5 Right to restriction of processing (Art. 18 GDPR)

You have the right to restrict processing if you dispute the accuracy of your personal data for a period enabling the responsible party to verify the accuracy of the personal data; the processing is unlawful and you object to the deletion of the personal data and request instead the restriction of the use of the personal data; we no longer need the personal data for the purposes of processing, but you need them for the assertion, exercise or defense of legal claims, or if you have objected to the processing pursuant to Article 21 GDPR and it is not yet clear whether our legitimate grounds override your grounds.

1.6.3.6 Right to data portability (Art. 20 GDPR)

You have a right to receive the personal data you have provided on the basis of your consent or a contract concluded with us, which is processed with the help of automated procedures, in a structured, common and machine-readable format, or to request that it be transferred to another responsible party, insofar as this does not affect the rights and freedoms of other persons and it is technically feasible.

1.6.3.7 Right to object (Art. 21 GDPR)

You have a right to object, on grounds relating to your particular situation, to processing carried out by us for the purposes of protecting our legitimate interests, unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms. At any time, you have the right to object to processing operations that we carry out for direct marketing purposes. Your data may then no longer be processed for these purposes.

1.6.3.8 Right of complaint (Art. 77 GDPR)

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority if you consider that the processing of your personal data infringes data protection rules.

 

1.7 Information about cookies

Cookies are text files that are created by the browser when a website is accessed in order to store data about a browser during and after a website visit. For this purpose, unique character strings are regularly stored in the cookie by means of which a server can recognize a browser. Cookies can be stored by the visited site (first-party) or by third-party providers (third-party) if their services are used on the visited site. If a third-party service is used on multiple websites, the third-party provider may store information about user activity in cookies and track it across multiple pages. The cookie stores the domain of the website from which the cookie originated and restricts access to that domain. Cookies are valid either for the duration of a browser session (session cookies) or until a point in time noted in the cookie (persistent cookies). Expired cookies are no longer loaded by the browser when visiting the page and, depending on the browser, are deleted or overwritten directly.

You can set your browser so that you are informed about the setting of cookies and only allow cookies in individual cases, exclude the acceptance of cookies for certain cases or in general and activate the automatic deletion of cookies when closing the browser. However, if cookies are deactivated, not all functions of our website may be fully usable. Information on the cookie settings of your browser can be found in the help section of the browser or under the following links:

In addition, data may be stored for the same purposes in the so-called local storage or local session storage of your browser.
For information on the use of cookies or similar technologies when visiting our website, please refer to the information on individual processing operations in the special section of the privacy policy.

 

1.8 Amendment of this privacy policy

We reserve the right to adapt this privacy policy so that it always complies with the current legal requirements or to implement changes to our services in the privacy policy. The new privacy policy will then apply to your next visit.

 

 

2. Special part

 

2.1 Necessary processing when visiting our website

2.1.1 Provision of our website

Within the scope of order processing, we commission an external service provider with the provision of the website. The service provider is obligated to comply with the data protection regulations to the same extent as we are and offers the guarantee of reliable and secure handling of the data on our website. Personal data of data subjects collected via the website is processed on the servers of the service provider within the European Economic Area (EEA). The data is stored separately from other applications. Personal data is processed by the service provider only in accordance with our instructions and to the extent necessary to fulfil its service obligations.

2.1.2 Collection of access and connection data

Each time you visit our website, our system automatically collects information from the computer system of the invoking computer.

2.1.2.1 Scope of processing

The following data is collected:

  • Browser type and the version used,
  • Operating system,
  • IP address,
  • Date and time of access,
  • Address of the website from which a browser accesses our website

The data is stored in log files. This data is not stored together with other personal data of data subjects.

2.1.2.2 Legal basis of processing

The legal basis for the processing is Art. 6 para. 1 lit. f GDPR.

2.1.2.3 Purpose of processing

The processing of the IP address by the system is necessary to enable the delivery of the website to the computer of the person concerned. The storage in log files is conducted to protect our legitimate interests in ensuring a convenient use of our website and monitoring of system security and stability. The data can be used to create anonymized statistics.

2.1.2.4 Storage duration

Data in log files are deleted by the server after 7 days, unless the aforementioned purposes require longer storage.

2.1.2.5 Possibility of objection and removal

The regulations of Art. 21 GDPR apply to the right to object to processing conducted on the basis of a weighing of interests. Since this processing is absolutely necessary to ensure the functionality and security of our information technology systems, there is generally no possibility to object to the processing.

 

2.2 Website settings

Our website stores your selected settings or the status of your consents for services used on our website. The settings options are displayed in the settings banner when you visit our website.

2.2.1 Scope of processing

The resources for managing user settings are provided by our server. When you confirm your selected setting in the settings banner, the following data is stored in a cookie:

  • Validity period of the settings,
  • Unique identifier of the confirmation,
  • Setting or consent that has been confirmed,
  • Domain of the page for which the settings were confirmed.

2.2.2 Storage and access to data in the browser

For the management of your setting or consent, the following cookie can be stored and read in your browser. If you delete this cookie, all stored settings will be deleted, and any consent given will be revoked. Our site will then use the respective default settings for the respective services.

 

Denotation Functional duration Access possibility on third-party websites Domain Type
Borlabs-cookie 1 year No Onyx-power.com First-party Coockie

 

2.2.3 Legal basis of processing

The legal basis of the processing is Art. 6 (1) lit. f GDPR.

2.2.4 Purpose of the processing

The purpose of the processing is to provide an effective way for data subjects to control automated processing and grant consent when accessing our website. The storage of the data in the browser is necessary for the cross-website application of the setting or consent.

2.2.5 Storage duration

No personal data is stored on our servers as part of the management of user settings. The storage period of the pseudonymized identifier depends on the cookie function duration.

2.2.5.1 Possibility of objection and removal

The regulations of Art. 21 GDPR apply to the right to object to processing conducted on the basis of a weighing of interests. Since the processing is absolutely necessary to ensure the function of our website, there is generally no possibility to object to the processing.

Change cookie settings

 

2.3 Processing in case of contact with you

2.3.1. Contacting

Contact details such as addresses, telephone numbers and e-mail addresses are provided on our website to enable rapid contact and direct communication with us and the contact persons working for us.

2.3.1.1 Scope of processing

We process the personal data that you provide to us depending on the chosen means of communication. This may include your full name, address, the telephone number used, the e-mail address used and other personal data that you provide to us in the course of communication.

2.3.1.2 Legal basis of processing

The legal basis for the processing of personal data in the context of communication with you is Art. 6 para. 1 lit. f GDPR. If the purpose of contacting you is to initiate or fulfil a contract, the additional legal basis for processing is Art. 6 (1) lit. b GDPR.

2.3.1.3 Purpose of processing

We process your data for the purpose of contacting you, for communicating with you and for the purpose of following up on communications that have taken place. These purposes are also our legitimate interest for processing the data.

2.3.1.4 Storage duration

The data is deleted as soon as it is no longer required to achieve the purpose for which it was stored. The assessment of this depends on the circumstances of the individual case. In all other respects, the general provisions on the storage period apply.

2.3.1.5 Possibility of objection and removal

The provisions of Art. 21 GDPR apply to the objection to processing conducted on the basis of a weighing of interests. The objection may be opposed by the necessity to process the data to initiate a contract, fulfil a contract or provide evidence.

2.3.2 Applications

Information on current job and training opportunities is available on our website. If you send us your application, we will process your data as described below:

2.3.2.1 Scope of processing

In the application process, we process personal data from the application documents you send us, such as contact data, information about your education, qualifications, work experience and skills, as well as information provided by telephone or verbally, if applicable. In addition, we may have received data from third parties (e.g. job placement agencies). We share your personal data within our company exclusively with the departments and persons involved in the decision to establish an employment relationship. Insofar as administrators necessarily have access to the processed data, they are bound to secrecy and may not process the data for other purposes.

If there is the possibility of including you in our applicant pool and you expressly agree to this, all documents and information from the application will be transferred to the applicant pool.

Your data will only be disclosed to third parties if and insofar as this is necessary to fulfil our contractual and legal obligations or to protect our legitimate interests (e.g. in a legal dispute) or if we have your consent. Your consent is voluntary and is not related to the current application process.

2.3.2.2 Legal basis of processing

The legal basis for the processing of personal data in the current application process or in the event of the establishment of an employment relationship is Art. 88 GDPR in conjunction with. § 26 para. 1 sentence 1 BDSG (New) and Art. 6 para. 1 lit. b GDPR. The storage of personal data after the end of the application process without the establishment of an employment relationship is Art. 6 para. 1 lit. f GDPR. If processing is based on your consent, Art. 6 para. 1 lit. a GDPR is the legal basis for the processing.

2.3.2.3 Purpose of the processing

We process your data for the purpose of deciding whether to establish an employment relationship with you. If your application is successful, we may further process the personal data already received from you for the purposes of the employment relationship. If we are unable to offer you employment, you decline a job offer or withdraw your application, we may retain your data to protect our legitimate interest in retaining evidence for the assertion, exercise or defense of legal claims and further process it in the event of litigation.

2.3.2.4 Storage duration

We store your personal data as long as it is necessary for the decision on your application. If no employment relationship is established, we delete your personal data 6 months after the end of the application process. Longer storage without your expressed consent will only take place if it is necessary for the assertion, exercise or defense against legal claims for the duration of a legal dispute. If you have consented to longer storage, the duration will depend on the content of your consent. If an employment relationship, training relationship or internship relationship is established following the application process, your data will be transferred to the personnel file and deleted in accordance with the regulations applicable to personnel files. Data from the applicant pool will be deleted no later than two years after consent has been given.

2.3.2.5 Possibility of objection and elimination

Consent given can be revoked at any time with effect for the future. The revocation of consent does not affect the lawfulness of the processing carried out until the revocation. You can reach us for this purpose under the contact details provided.