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Data protection

Processing and using personal data, for example the name, address, email address or telephone number of a data subject, always takes place in accordance with the General Data Protection Regulation and the country-specific data protection regulations applicable to TERRAG France SAS. With the help of this Privacy Statement, our company would like to inform the general public on the type, scope and purpose of personal data collected, used and processed by us. Moreover, data subjects will be informed about their rights in this Privacy Statement.

TERRAG France SAS as the controller of processing implemented various technical and organizational measures to ensure personal data processed via this website are protected as comprehensively as possible. Nevertheless, internet-based data transfers can generally have security gaps so that we cannot guarantee absolute protection. For this reason, every data subject is free to submit their personal data to us using alternative means, for example by telephone.

1. Definitions

The Privacy Statement of TERRAG France SAS is based on the terms used by the European directives and regulations committee and when the General Data Protection Regulation was issued. Our Privacy Statement is to be easily readable and comprehensible both by the general public and our customers and business partners. To ensure this we would like to explain the terms used in advance.

Among others, we use the following terms in this Privacy Statement:

a) Personal data: ‘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.

b) Data subject: ‘data subject’means any identified or identifiable natural person whose personal data are processed by the controller of processing.

c) 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.

d) Restriction of processing: ‘restriction of processing’means the marking of stored personal data with the aim of limiting their processing in the future.

e) Profiling: ‘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.

f) Pseudonymisation: ‘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.

g) Controller or controller of processing: ‘controller’or ‘controller of 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.

h) Processor: ‘processor’means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

i) Recipient: ‘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.

j) Third party: ‘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.

k) Consent: ‘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.

2. Name and address of the controller of processing

The controller as defined by the General Data Protection Regulation or other data protection laws and data protection law-related provisions applicable in the member states of the European Union is:

TERRAG France SAS, 1, rue Antoine Wagner, F-67190 Mutzig, France

3. Name and address of the data protection officer
TERRAG France SAS
Data Protection officer
1, rue Antoine Wagner
F-67190 Mutzig
Email: datenschutzbeauftragter@geigergruppe.de

Data subjects may contact our data protection officer directly with any questions and suggestions regarding data protection.

4. Cookies

The website of TERRAG France SAS uses cookies. Cookies are text files which are placed and stored on a computer system by an internet browser. Various websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a string used to associate websites and servers with the specific internet browser in which the cookie was stored. This enables the visited websites and servers to distinguish the specific browser of the data subject from the internet browsers containing other cookies. A certain internet browser can be recognized and identified using the unique cookie ID.

By using a cookie, information and offers on our website can be optimized in the interest of the users. Cookies enable us to recognize the users of our website. The purpose of this recognition is to facilitate the use of our website for the users. The data subject can prevent cookies from being placed by our website at any time by making the respective setting in the internet browser used and thus permanently object to the placing of cookies. Moreover, cookies already placed can be deleted at any time using an internet browser or other software programs. This can be done in all common internet browsers. If the data subject disables the placing of cookies in the internet browser used, they may not be able to use all functions of our website to their full extent.

5. Collection of general data and information

The website of TERRAG France SAS collects a number of general data and information with every visit of the website by a data subject or an automated system. These general data and information are stored in the log files of the server. The following data may be collected: (1) browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system was transferred to our website (so-called referrer), (4) the sub-web pages of our website opened by an accessing system, (5) the date and time of accessing the website, (6) an internet protocol address (IP address), (7) the internet service provider of the accessing system, and (8) other similar data and information which can be used to avert danger in case of attacks on our information technology systems.

When using these general data and information, TERRAG France SAS does not draw conclusions about the data subject. Rather this information is required to (1) correctly deliver the contents of our website, (2) optimize the contents of our website and the advertisements for it, (3) ensure permanent operativeness of our information technology systems and the technology of our website, and to (4) provide law enforcement authorities with the information required for criminal prosecution in case of a cyber attack. Therefore, these anonymous data and information are analyzed by TERRAG France SAS both statistically and with the aim of increasing data protection and data security in our company to ensure an optimal level of protection for the personal data processed by us. The anonymous data of the server log files are stored isolated from any personal data specified by a data subject.

6. Contact option on the website

Due to legal regulations, the website of TERRAG France SAS contains information to ensure our company can be quickly contacted electronically and to enable direct communication with us, which includes a general address for electronic mail (email address). If any data subject contacts the controller of processing by email or through a contact form, the submitted personal data of the data subject will be stored automatically. This kind of personal data freely given to the controller of processing by the data subject are stored for the purposes of processing or making contact with the data subject. These personal data are not disclosed to third parties.

7. Routine deletion and blocking of personal data

The controller of processing processes and stores personal data of the data subject solely for the period of time required to achieve the storage purpose, or if this is allowed for by the European directives and regulation committee or another legislator in laws or regulations relevant to the controller of processing.

If the storage purpose does not apply or if a storage period required by the European directives and regulation committee or another competent legislator terminates, the personal data are blocked or deleted as a matter of routine and according to legal regulations.

8. Rights of data subjects

a) Right to confirmation: Data subjects have the right granted by the European directives and regulation committee to obtain from the controller of processing confirmation as to whether or not personal data concerning him or her are being processed. If any data subject wants to make use of this confirmation right, he or she may contact one of the employees of the controller of processing at any time.

b) Right to access: Any person affected by the processing of personal data has the right granted by the European directives and regulation committee to request from the controller of processing access to the stored personal data concerning him or her as well as a copy of these accessed data free of charge. In addition to that, the European directives and regulation committee granted data subjects the right to obtain information on the following:

· 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 Article 22(1) and (4) of the 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

Moreover, the data subject has a right to obtain information on whether or not personal data were submitted to a third country or an international organization. If this is the case, the data subject moreover has the right to obtain information on the appropriate guarantees relating to the submission.

If any data subject wants to make use of this right to access, he or she may contact one of the employees of the controller of processing at any time.

c) Right to rectification: Any person affected by the processing of personal data has the right granted by the European directives and regulation committee to obtain without undue delay the rectification of inaccurate personal data concerning him or her. Moreover, taking into account the purposes of the processing, the data subject has the right to have incomplete personal data completed, including by means of providing a supplementary statement.

If any data subject wants to make use of this right to rectification, he or she may contact one of the employees of the controller of processing at any time.

d) Right to erasure (‘right to be forgotten’): Any person affected by the processing of personal data has the right granted by the European directives and regulation committee to obtain from the controller the erasure of personal data concerning him or her without undue delay if one of the following grounds applies and if processing is not required:

· The personal data were collected or otherwise processed for purposes for which they are no longer necessary.

· The data subject withdraws consent on which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.

· The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.

· The personal data have been unlawfully processed.

· The personal data have to 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 Article 8(1) of the GDPR.

If one of the above-mentioned grounds applies and a data subject wants to have their personal data stored by TERRAG France SAS erased, he or she may contact the data protection officer of the controller of processing at any time. The data protection officer of TERRAG France SAS will ensure that the erasure takes place immediately.

If the personal data were made public by TERRAG France SAS, and if our company as the controller according to Article 17(1) of the GDPR is required to erase the personal data, TERRAG France SAS will take appropriate measures, also technical measures –taking into account the available technology and implementation costs –to inform other controllers of data processing who process the personal data made public that the data subject has requested from these other controllers of data processing to erase any links to these personal data or copies or replications of these personal data, unless processing is required.

e) Right to restriction of processing: Any person affected by the processing of personal data has the right granted by the European directives and regulation committee to obtain from the controller restriction of processing where one of the following 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 Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.

If one of the above-mentioned prerequisites exists and a data subject wants to have their personal data stored by TERRAG France SAS restricted, he or she may contact the data protection officer of the controller of processing at any time. The data protection officer of TERRAG France SAS will arrange for the processing to be restricted.

f) Right to data portability: Any person affected by the processing of personal data has the right granted by the European directives and regulation committee 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 also has 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 point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR or on a contract pursuant to point (b) of Article 6(1) of the GDPR and the processing is carried out by automated means, if the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

Moreover, when exercising their right to data portability pursuant to Art. 20(1) of the GDPR, the data subject has the right to obtain transfer of the personal data from one controller directly to another controller, if this is technically feasible and if no rights and liberties of other persons are affected.

To exercise this right to data portability, the data subject may contact the data protection officer of TERRAG France SAS at any time.

g) Right to object: Any person affected by the processing of personal data has the right granted by the European directives and regulation committee 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 point (e) or (f) of Article 6(1) of the GDPR, including profiling based on those provisions.

TERRAG France SAS shall no longer process the personal data in case of an objection, unless we demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims.

Where TERRAG France SAS processes personal data 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, which includes profiling to the extent that it is related to such direct marketing. Where the data subject raises an objection to processing for direct marketing purposes TERRAG France SAS, the personal data shall no longer be processed for such purposes by TERRAG France SAS.

Moreover, the data subject has the right, on grounds relating to his or her particular situation, to object to the respective processing of personal data performed by TERRAG France SAS for scientific or historical research purposes or statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

To exercise this right to objection, the data subject may directly contact the data protection officer of TERRAG France SAS or another employee. 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.

h) Automated individual decision-making, including profiling: Any person affected by the processing of personal data has the right granted by the European directives and regulation committee not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her, if the decision (1) is not necessary for entering into, or performance of, a contract between the data subject and a data controller; or (2) is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests; or (3) is based on the data subject's explicit consent.

If the decision (1) is necessary for entering into, or performance of, a contract between the data subject and a data controller; or 2) is based on the data subject's explicit consent, TERRAG France SAS 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 wants to make use of his or her rights regarding automated decisions, he or she may contact one of the employees of the controller of processing at any time.

i) Right of withdrawal of a data protection law-related consent: Any person affected by the processing of personal data has the right granted by the European directives and regulation committee to withdraw his or her consent to the processing of personal data at any time.

If the data subject wants to make use of his or her right of withdrawal of a consent, he or she may contact one of the employees of the controller of processing at any time.

9. Data protection with regards to applications and application processes

The controller of processing collects and processes the personal data of applicants for the execution of the application process. Processing may also be effected electronically. This applies especially when an applicant submits their respective application documents electronically, for example by email or through a web form on the website, to the controller of processing. If the controller of processing concludes an employment contract with an applicant, the data submitted will be stored for the purpose of handling the employment relationship, taking into consideration the legal regulations. If the controller of processing concludes no employment contract with the applicant, the application documents will be deleted automatically after 12 months from the notification of refusal, unless there are any contradictory legitimate interests of the controller of processing. A legitimate interest in this sense is, for example, a burden of proof as part of proceedings pursuant to the General Equal Treatment Act.

10. Data protection provisions regarding the usage of Google Analytics

The controller of processing has integrated the Google Analytics component on this website. Google Analytics is a web analysis service. Web analysis comprises the collection, accumulation and evaluation of data on the behavior of website visitors. A web analysis service collects data, among others, on the website from which the data subject was transferred to another website (so-called referrer), which sub-pages of the website are accessed or how often and how long a sub-page is viewed. Web analyses are used above all to optimize a website and for cost-benefit analyses of internet advertisement.

The operating company of the Google Analytics component is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.

The purpose of the Google Analytics component is the analysis of visitor traffic on our website. Google uses the data and information collected, among others, to analyze the usage of our website, to create online reports showing the activities on our website, and to perform other services relating to the usage of our website.

Google Analytics uses a cookie on the information technology system of the data subject. An explanation of cookies can be found above. After placing the cookie, Google can analyze the usage of our website. With every visit to one of the individual pages of this website operated by the controller of processing and in which Google Analytics components were integrated, the internet browser on the information technology system of the data subjects is prompted automatically by the respective Google Analytics component to submit data for the purpose of online analysis to Google. As part of this technical procedure, Google gains knowledge about personal data, such as the IP address of the data subject, which are used by Google, among others, to track the origin of the visitors and clicks and then be able to make premium settlements.

Using the cookie, personal data, such as the time of access, the place where the access originated as well as the frequency of visits of our website by the data subject, are stored.Among other things, the following information may be collected: IP address, date and time of page visit, click path, information about your browser and device, pages visited, referrer URL (website from which you accessed our website), location data, purchase activities. In addition, demographic characteristics such as age group, gender identity & category of interest are collected and transmitted to Google in the US. The personal data are stored in the USA by Google. Google may disclose these personal data collected using the technical procedure to third parties.

The data subject may prevent the placement of cookies by our website, as explained above, at any time by making the respective setting in the internet browser used and thus permanently object to the placement of cookies. If this is set in the internet browser used, this would prevent Google from placing a cookie on the information technology system of the data subject. Additionally, any cookie already placed by Google Analytics can be deleted using the internet browser or other software programs.

Moreover, the data subject has the option to object to and prevent the collection of the data created by Google Analytics relating to the usage of this website and the processing of these data by Google. To do so, the data subject must download and install a browser add-on under the following link https://tools.google.com/dlpage/gaoptout. This browser add-on informs Google Analytics via JavaScript that no data and information on the visits of websites may be submitted to Google Analytics. The installation of the browser add-on is considered an objection by Google. If the information technology system of the data subject is deleted, formatted or reinstalled at a later point of time, the data subject must reinstall the browser ad-on in order to disable Google Analytics. If the browser add-on is uninstalled or disabled by the data subject or another person in their sphere of control, the browser add-on can be installed or enabled again.

Further information as well as the relevant data protection provisions of Google can be accessed under https://www.google.de/intl/de/policies/privacy/ and http://www.google.com/analytics/terms/de.html. Google Analytics is explained in detail under https://www.google.com/intl/de_de/analytics/.

11. Legal basis for processing

Article 6 I lit. of the GDPR is the legal basis for our company for processing operations where we obtain your consent for a certain processing purpose. If processing of personal data is necessary to fulfil a contract of which the data subject is a contracting party, for example in case of processing operations required for the delivery of goods or the provision of other services or return services, this processing is based on Article 6 I lit. b of the GDPR. The same applies to processing operations necessary for the performance of pre-contractual measures, for example, if inquiries about our products or services are made. If our company is subject to legal obligations which make processing of personal data necessary, such as the fulfilment of fiscal obligations, this processing is based on Article 6 I lit. c of the GDPR. In rare cases, processing of personal data may become necessary to protect vital interests of the data subject or another natural person. This is the case, for example, if a visitor at our premises gets injured and then his or her name, age, health insurance data or other vital information have to be given to a doctor, hospital or other third parties. In this case, processing would be based on Article 6 I lit. d of the GDPR. Ultimately, processing operations could be based on Article 6 I lit. f of the GDPR. This legal basis is used for processing operations not covered by any of the legal bases mentioned above if processing is necessary to preserve a legitimate interest of our company or a third party, unless the interests, basic rights and fundamental freedoms of the data subject override these interests. We are allowed to perform such processing operations especially because they were mentioned explicitly by the European legislator. Insofar, they took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47 Sentence 2 of the GDPR).

12. Legitimate interests in processing of the controller or a third party

If processing of personal data is based on Article 6 I lit. f of the GDPR, our legitimate interest is the performance of our business activities to ensure the well-being of our entire staff and shareholders.

13. Storage period for personal data

The criterion for the period of time the personal data are stored is the respective legal retention period. After the expiration of this period, the corresponding data will be deleted as a matter of routine, unless they are required to fulfil our contracts or to initiate a contract.

14. Legal or contractual regulations on the provision of the personal data; necessity for the completion of a contract; obligation of the data subject to provide the personal data; possible consequences of non-provision

We hereby inform you that the provision of personal data is sometimes required by law (e.g. tax regulations) or may be required due to contractual regulations (e.g. information on the contractual partner). Occasionally, a data subject may be required to provide their personal data to be processed by us in order to conclude a contract. For example, the data subject is required to provide us with their personal data if our company concludes a contract with this data subject. As a result of the non-provision of personal data, no contract could then be concluded with the data subject. The data subject must contact one of our employees prior to the provision of personal data by the data subject. Our employee will inform the data subject in the individual case whether or not the provision of the personal data is required by law or contractual regulations or is necessary to conclude the contract, whether or not there is any obligation to provide the personal data, and what consequences would result from the non-provision of personal data.