We are very pleased that you have shown interest in our company. Data protection is of a particularly high priority for the management of 4 emme sas. The use of the Internet pages of 4 emme sas is possible without any indication of personal data; however, if a data subject wishes to use special services via our website, personal data may need to be processed. If the processing of personal data is necessary and there is no legal basis, we generally obtain the consent of the data subject.
The processing of personal data, such as the name, address, e-mail or telephone number of a data subject must always be in line with the General Data Protection Regulation (GDPR) and in accordance with the specific data protection by country regulations applicable to 4 emme sas. By means of this data protection declaration, our company wishes to inform the general public about the nature, scope and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled.
As data controller, 4 emme sas has implemented numerous technical and organizational measures to guarantee the most complete protection of personal data processed through this site. However, Internet-based data transmissions can, in principle, have security gaps, so absolute protection may not be guaranteed. For this reason, each data subject is free to transfer their personal data through alternative means, eg. by phone.
The data protection declaration of 4 emme sas is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the general public as well as for our customers and business partners. To ensure this, we would first like to explain the terminology used.
In this data protection declaration, we use, inter alia, the following terms:
a) Personal data
Personal data: 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 one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
b) Subject of the data
The data subject is an identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.
Processing is any operation or set of operations performed on personal data or on a set of personal data, including with automated tools, such as collection, registration, organization, structuring, storage, adaptation or alteration, recovery, consultation, use, disclosure by transmission , dissemination or otherwise making available, alignment or combination, restriction, cancellation or destruction.
d) Limitation of processing
Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.
e) Behavior Monitoring
Behavior monitoring: any form of automated processing of personal data consisting in the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning the performance of the natural person at work, the economic situation, health, personal preferences, interests, trustworthiness, behavior, location or movements.
Pseudonymisation is the processing of personal data in such a way 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 organizational measures to ensure that personal data are not attributed to an identified or identifiable natural person.
g) Supervisory authority or supervisory authority responsible for the processing of personal data
The person responsible for the processing of personal data is the natural or legal person, public authority, agency or other body which, alone or in collaboration with others, determines the purposes and means of the processing of personal data; if the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for his appointment may be provided for by Union or Member State law.
Processor is a natural or legal person, public authority, agency or other body that processes personal data on behalf of the controller.
The beneficiary is a natural or legal person, public authority, agency or other body, to which the personal data is disclosed, whether it is a third party or not. However, public authorities which may receive personal data in the framework of a particular investigation in accordance with Union or Member State law are not considered to be recipients; the processing of such data by these public authorities must comply with the applicable data protection rules according to the purposes of the processing.
j) Third part
The third party is a natural or legal person, public authority, agency or body other than the data subject, data controller, processor and persons who, under the direct authority of the controller or processor, are authorized to process personal data.
The consent of the data subject is a free, specific, informed and unambiguous indication of the wishes of the data subject with which he or she, by means of a declaration or a clear affirmative action, signifies consent to the processing of personal data concerning him.
2. Name and address of the data controller
The data controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in the Member States of the European Union and other provisions relating to data protection is:
4 mom sas
Via Rizzi 27
The data subject can, at any time, prevent the setting of cookies through our website by means of the corresponding setting of the Internet browser used, and can thus permanently deny the setting of cookies. Furthermore, already set cookies can be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be fully usable.
4. Collection of general data and information
The 4 emme sas website collects a series of general data and information when a data subject or automated system calls up the website. These general data and information are stored in the server log files. Can be collected (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites, (5) the date and time of access to the website, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and ( 8) any other similar data and information that can be used in the event of attacks on our IT systems.
When using these general data and information, 4 emme sas does not draw conclusions about the data subject. Rather, this information is necessary to (1) deliver the content of our website correctly, (2) optimize the content of our website and its advertising, (3) ensure the long-term viability of our information systems and technology. of the website and (4) provide law enforcement authorities with the information necessary for prosecution in the event of a cyber attack. Therefore, 4 emme sas statistically analyzes data and information collected anonymously, in order to increase the data protection and data security of our company and to ensure an optimal level of protection for the personal data processed.
5. Registration on our website
The interested party has the possibility to register on the website of the controller with the indication of personal data. Which personal data is transmitted to the controller is determined by the respective input mask used for registration. The personal data entered by the data subject are collected and stored exclusively for internal use by the data controller and for his own purposes. The controller may request transfer to one or more processors (e.g. a parcel service) which also uses personal data for an internal purpose attributable to the controller.
By registering on the website of the controller, the IP address assigned by the Internet service provider (ISP) and used by the data subject – date and time of registration are also stored. The storage of this data takes place in the background, which is the only way to prevent the misuse of our services and, if necessary, to make it possible to investigate committed crimes. Therefore, the retention of this data is necessary to protect the. This data is not passed on to third parties unless there is a legal obligation to pass on the data, or if the transfer serves the purpose of criminal prosecution.
The registration of the interested party, with the voluntary indication of personal data, is intended to allow the controller to offer the data subjects contents or services that can be offered to registered users only due to the nature of the matter. Registered persons are free to change the personal data specified during registration at any time or to have them completely deleted from the data stock of the controller.
The data controller, at any time, provides information on request to each data subject about which personal data is stored about the data subject. Furthermore, the data controller will correct or delete personal data at the request or indication of the data subject, to the extent that there are no legal custody obligations. All employees of the controller are available to data subjects in this area as contact persons.
6. Possibility of contact via the website
The 4 emme sas website contains information that allows quick electronic contact with our company, as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the controller by e-mail or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the data controller are stored for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third parties.
7. Routine deletion and blocking of personal data
The controller processes and stores the personal data of the data subject only for the period necessary to achieve the archiving purpose, or to the extent that this is allowed by the European legislator or other legislators in laws or regulations to which the controller is subject. of the treatment.
If the storage purpose is not applicable or if a retention period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or deleted in accordance with legal requirements.
8. Rights of the interested party
a) Right of confirmation
Each interested party has the right conferred by the European legislator to obtain from the data controller confirmation of the existence or not of personal data concerning him. If a data subject wishes to make use of this confirmation right, he or she may, at any time, contact any employee of the controller.
b) Right of access
Each data subject has the right conferred by the European legislator to obtain from the controller free of charge information on their personal data stored at any time and a copy of such information. Furthermore, the European directives and regulations grant the data subject access to 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 organizations;
- where possible, the envisaged period for which the personal data will be stored or, if not possible, the criteria used to determine this period;
- the existence of the right to request the controller to correct or delete personal data, or limit the processing of personal data relating to the data subject, or to oppose such processing;
- the existence of the right to lodge a complaint with the supervisory authority;
- if the personal data are not collected from the interested party, any information available on their origin;
- the existence of automated decision-making processes, including profiling, referred to in Article 22, paragraphs 1 and 4, of the GDPR and, at least in such cases, significant information on the logic in question, as well as on the significance and expected consequences of such processing for the interested party.
Furthermore, the interested party has the right to obtain information on the transfer of personal data to a third country or an international organization. In this case, the data subject has the right to be informed of the appropriate guarantees relating to the transfer.
If a data subject wishes to make use of this right of access, he or she may, at any time, contact any employee of the controller.
c) Right of rectification
Every data subject has the right conferred by the European legislator to obtain from the controller without undue delay the correction of inaccurate personal data concerning him. Taking into account the purposes of the processing, the data subject has the right to complete incomplete personal data, including by submitting an additional declaration.
If a data subject wishes to exercise this right of rectification, he may, at any time, contact any employee of the controller.
d) Right to erasure (right to be forgotten)
Every data subject has the right conferred by the European legislator to obtain from the controller the deletion of personal data concerning him without undue delay and the controller has the obligation to delete personal data without undue delay if one of the following reasons applies , provided that the 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 interested party withdraws the consent on which the processing is based in accordance with Article 6, paragraph 1, letter a), of the GDPR, or Article 9, paragraph 2, letter a), of the GDPR, and where there is no other legal basis for processing.
- The data subject objects to the processing pursuant to Article 21 (1) of the GDPR and there is no legitimate legitimate reason for the processing or the data subject objects to the processing pursuant to Article 21 (2) of the GDPR.
- The personal data has been unlawfully processed.
- Personal data must be deleted 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, paragraph 1, of the GDPR.
If one of the aforementioned reasons applies, and a data subject wishes to request the deletion of personal data stored by 4 emme sas, he or she may, at any time, contact any employee of the controller. An employee of 4 emme sas must promptly ensure that the cancellation request is complied with immediately.
If the controller has made personal data public and is required, pursuant to Article 17 (1), to delete the personal data, the controller, taking into account the available technology and implementation costs, shall take reasonable measures, including technical measures, to inform other data controllers that the data subject has requested the deletion by these controllers of any link, copy or replication of such personal data, although processing is not required. An employee of 4 emme sas will organize the necessary measures in individual cases.
e) Right to restriction of processing
Every data subject has the right, granted by the European legislator, to obtain from the controller the limitation of the processing if one of the following conditions applies:
- The accuracy of the personal data is contested by the data subject, for a period that allows the controller to verify the accuracy of the personal data.
- The processing is unlawful and the data subject opposes the deletion of the personal data and requests instead the limitation of their use instead.
- The controller no longer needs the personal data for the purposes of the processing, but is required by the data subject for the establishment, exercise or defense of legal claims.
- The interested party objected to the processing pursuant to Article 21, paragraph 1, of the GDPR pending verification that the legitimate reasons of the person in charge prevail over those of the interested party.
If one of the aforementioned conditions is met and a data subject wishes to request the restriction of the processing of personal data stored by 4 emme sas, he or she may at any time contact any employee of the controller. The employee of the 4 emme sas will arrange the restriction of the processing.
f) Right to data portability
Each data subject has the right, recognized by the European legislator, to receive personal data concerning him, provided to a data controller, in a structured format, commonly used and readable by a machine. He has the right to transmit such data to another controller without hindrance to the controller to whom the personal data were provided, provided that the processing is based on the consent referred to in Article 6 (1) (a) , of the GDPR or point (a) of article 9 (2) of the GDPR, or a contract pursuant to article 6, paragraph 1, letter b), of the GDPR, and the processing is carried out by automated means,
Furthermore, in exercising his right to data portability pursuant to Article 20 (1) of the GDPR, the data subject has the right to transmit personal data directly from one controller to another, where technically feasible and in doing so. do not adversely affect the rights and freedoms of others.
In order to assert the right to data portability, the data subject may at any time contact any employee of the 4 emme sas.
g) Right to object
Every interested party has the right, recognized by the European legislator to oppose, for reasons relating to his particular situation, at any time, to the processing of personal data concerning him, which is based on point (e) or (f)) of the article 6, paragraph 1, of the GDPR. This also applies to profiling based on these provisions.
4 emme sas will no longer process personal data in the event of an objection, unless we can demonstrate compelling legitimate reasons for the processing that prevail over the interests, rights and freedoms of the data subject, or for the establishment, exercise o the defense of legal claims.
If 4 emme sas processes personal data for direct marketing purposes, the interested party has the right to object at any time to the processing of personal data concerning him for such marketing. This applies to profiling insofar as it is related to such direct marketing. If the data subject objects to 4 emme sas to the processing for direct marketing purposes, the 4 emme sas will no longer process the personal data for these purposes.
Furthermore, the data subject has the right, for reasons relating to his particular situation, to oppose the processing of personal data concerning him by 4 emme sas for scientific or historical research purposes or for statistical purposes pursuant to article 89. (1) of the GDPR, unless the processing is necessary for the execution of an activity carried out for reasons of public interest.
In order to exercise the right to object, the data subject may contact any employee of 4 emme sas. Furthermore, the interested party is free in the context of the use of information society services and, by way of derogation from Directive 2002/58 / EC, to exercise his right to object by means of automated tools using technical specifications.
h) automated individual decision making, including profiling
Each data subject has the right, granted by the European legislator, not to be subjected to a decision based solely on automated processing, including profiling, which produces legal effects on him or her, or significantly affects him, provided that the decision (1) is not necessary to enter into or perform a contract between the data subject and a data controller, or (2) is not authorized by Union or Member State law to which the controller is subject processing and which also establishes adequate measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is not based on the data subject’s explicit consent.
If the decision (1) is necessary to enter into, or execute a contract between the data subject and a data controller, or (2) it is based on the data subject’s explicit consent, 4 emme sas implements adequate measures to safeguard the rights and freedoms of the data subject and the legitimate interests of the data subject, at least the right to obtain human intervention by the controller, to express his or her point of view and to contest the decision.
If the data subject wishes to exercise the rights relating to automated individual decision-making, he or she may, at any time, contact any employee of the 4 emme sas.
i) Right to withdraw consent to data protection
Each interested party has the right, granted by the European legislator, to withdraw his consent to the processing of his personal data at any time.
If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact any employee of the 4 emme sas.
9. Data protection for applications and application procedures
The data controller collects and processes the personal data of applicants for the purpose of processing the application procedure. Processing can also be done electronically. This is the case, in particular, if an applicant sends the corresponding application documents by e-mail or via a web form on the website to the controller. If the data controller concludes an employment contract with an applicant, the submitted data will be archived for the purpose of processing the employment relationship in accordance with legal requirements. If the controller does not conclude an employment contract with the applicant, the application documents are automatically deleted two months after the notification of the refusal decision,
10. Data protection provisions about the application and use of Facebook
On this website, the controller has integrated components of the Facebook company. Facebook is a social network.
A social network is a place for social meetings on the Internet, an online community, which usually allows users to communicate with each other and interact in a virtual space. A social network can serve as a platform for the exchange of opinions and experiences or allow the Internet community to provide personal or business-related information. Facebook allows social network users to include the creation of private profiles, upload photos and network through friend requests.
Facebook’s operating company is Facebook, Inc., 1 Hacker Way, Menlo Park, CA 94025, United States. If a person lives outside the United States or Canada, the data controller is Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbor, Dublin 2, Ireland.
With each call-up to one of the individual pages of this website, which is operated by the data controller and in which a Facebook component (Facebook plug-in) is integrated, the web browser on the information technology system of the data subject is automatically prompted to download the display of the corresponding Facebook component from Facebook through the Facebook component. An overview of all Facebook plugins can be accessed under https://developers.facebook.com/docs/plugins/. During the course of this technical procedure, Facebook is aware of which specific sub-site of our website was visited by the data subject.
If the data subject is logged in on Facebook at the same time, Facebook detects each call-up to our website by the data subject – and for the entire duration of their stay on our Internet site – as a specific sub-site of our Internet. the page was visited by the interested party. This information is collected through the Facebook component and associated with the respective Facebook account of the data subject. If the data subject clicks on one of the Facebook buttons integrated on our website, e.g. the “Like” button, or if the data subject submits a comment, Facebook matches this information with the user’s personal Facebook account and stores the personal data.
Facebook always receives, via the Facebook component, information about a visit to our website by the data subject, each time the data subject logs on to Facebook at the same time during the call-up period to our website. This occurs regardless of whether the data subject clicks on the Facebook component or not. If such a transmission of information to Facebook is not desirable for the data subject, then it is possible that this prevents logging out of their Facebook account before a call-up to our website is made.
The data protection guideline published by Facebook, available at https://facebook.com/about/privacy/, provides information on the collection, processing and use of personal data by Facebook. In addition, it is explained what are the setting options offered by Facebook to protect the privacy of the data subject. In addition, various configuration options are available to allow the elimination of data transmission to Facebook. These applications can be used by the data subject to delete a data transmission on Facebook.
11. Data protection provisions relating to the application and use of Instagram
On this website, the controller has integrated components of the Instagram service. Instagram is a service that can be qualified as an audiovisual platform, which allows users to share photos and videos, as well as to disseminate such data on other social networks.
The operating company of the services offered by Instagram is Instagram LLC, 1 Hacker Way, Building 14 First Floor, Menlo Park, CA, UNITED STATES.
With each call-up to one of the individual pages of this website, which is managed by the data controller and on which an Instagram component (Insta button) has been integrated, the Internet browser on the information technology system of the person concerned is automatically requested. when downloading a display of the corresponding Instagram component of Instagram. During the course of this technical procedure, Instagram becomes aware of which specific sub-page of our website was visited by the data subject.
If the data subject is logged in at the same time on Instagram, Instagram detects with each call-up to our website by the data subject – and for the entire duration of their stay on our Internet site – which specific sub-page of the Internet the page is. been visited by the interested party. This information is collected through the Instagram component and is associated with the respective Instagram account of the data subject. If the data subject clicks on one of the Instagram buttons integrated on our website, then Instagram matches this information with the personal Instagram user account of the data subject and stores the personal data.
Instagram receives information via the Instagram component that the data subject has visited our website provided that the data subject is logged in on Instagram at the time of the call to our website. This occurs regardless of whether the person clicks on the Instagram button or not. If such a transmission of information to Instagram is not desirable for the data subject, then he or she can prevent this by logging off from their Instagram account before a call-up to our website is made.
Further information and the applicable data protection provisions of Instagram can be found at https://help.instagram.com/155833707900388 and https://www.instagram.com/about/legal/privacy/.
12. Payment method: Data protection provisions regarding the use of PayPal as a payment processor
On this website, the controller has integrated components of PayPal. PayPal is an online payment service provider. Payments are processed via so-called PayPal accounts, which represent virtual private or corporate accounts. PayPal is also able to process virtual credit card payments when a user does not have a PayPal account. A PayPal account is managed via an email address, which is why there are no classic account numbers. PayPal allows you to activate online payments to third parties or to receive payments. PayPal also accepts trustee functions and offers buyer protection services.
PayPal’s European operating company is PayPal (Europe) S.à.rl & Cie. SCA, 22-24 Boulevard Royal, 2449 Luxembourg, Luxembourg.
If the data subject chooses “PayPal” as a payment option in the online shop during the ordering process, we automatically transmit the data of the data subject to PayPal. By selecting this payment option, the data subject accepts the transfer of personal data necessary for payment processing.
The personal data transmitted to PayPal are usually name, surname, address, email address, IP address, telephone number, mobile number or other data necessary for payment processing. The processing of the purchase contract also requires such personal data, which are in connection with the respective order.
The data transmission is aimed at payment processing and fraud prevention. The controller will transfer the personal data to PayPal, in particular, if a legitimate interest in the transmission is provided. The personal data exchanged between PayPal and the data controller will be transmitted by PayPal to the economic credit agencies. This transmission is intended for identity and creditworthiness checks.
PayPal, if necessary, transmits personal data to affiliates and service providers or subcontractors to the extent that this is necessary to fulfill contractual obligations or for the data to be processed in the order.
The interested party has the possibility to revoke the consent for the processing of personal data at any time from PayPal. A revocation has no effect on the personal data that must be processed, used or transmitted in accordance with the (contractual) payment processing.
The applicable data protection provisions of PayPal can be found at https://www.paypal.com/us/webapps/mpp/ua/privacy-full.
13. Legal basis for processing
Art. 6 (1) lit. a GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the execution of a contract to which the data subject is a party, such as when the processing operations are necessary for the supply of goods or to provide any other service, the processing is based on the Article 6, paragraph 1, letter lit. b GDPR. The same applies to processing operations necessary for the execution of pre-contractual measures, for example in the case of inquiries relating to our products or services. Our company is subject to the legal obligation that provides for the processing of personal data, for example for the fulfillment of tax obligations, the processing is based on art. 6 (1) lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his or her name, age, health insurance data or other vital information had to be passed on to a doctor, hospital or other third party. . Therefore the elaboration would be based on the art. 6 (1) lit. d GDPR. Finally, the processing operations could be based on Article 6, paragraph 1, letter lit. f GDPR. This legal basis is used for processing operations that are not covered by any of the aforementioned legal grounds, if the processing is necessary for the purposes of the legitimate interests pursued by our company or a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject requiring the protection of personal data. These processing operations are particularly admissible as they have been expressly mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (recital 47, sentence 2, GDPR).
14. The legitimate interests pursued by the controller or a third party
If the processing of personal data is based on Article 6 (1) lit. For the GDPR, our legitimate interest is to carry out our business in favor of the well-being of all our employees and shareholders.
15. Retention period of personal data
The criteria used to determine the retention period of personal data are the respective retention periods provided for by law. After the expiry of this period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.
16. Provision of personal data as a legal or contractual requirement; Requirement necessary to enter into a contract; Obligation of the interested party to provide personal data; possible consequences of failure to provide such data
We clarify that the provision of personal data is partly required by law (eg tax regulations) or can also result from contractual provisions (eg information on the contractual partner). Sometimes it may be necessary to conclude a contract that the data subject provides personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company enters into a contract with him or her. Failure to provide personal data would have the consequence that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject must contact any employee.
17. Existence of automated decision-making processes
As a responsible company, we do not use automatic decision making or profiling.