[Privacy Policy DMG MORI Digital]
The protection of your personal data is important to us. As the responsible party pursuant to Art. 4 No. 7 of the German Data Protection Regulation (DSGVO), we, DMG MORI Digital GmbH, Gildemeisterstraße 60, 33689 Bielefeld [responsibility@dmgmori.com] (hereinafter: "DMG MORI Digital" or "we"), would like to inform you about the processing of your data by us.
In the course of our business activities, we process your personal data. Personal data means any information relating to an identified or identifiable natural person. As the protection of your privacy is important to us, we would like to inform you in the following which personal data we process and how we handle this data. Furthermore, we will inform you about the legal basis of the processing, insofar as the processing is necessary to protect our legitimate interests, about these interests, your rights as a data subject and finally your contact persons in case of questions.
1. Information on the processing of your data
1.1 General information
In the context of our cooperation with business partners, we process the following personal data of contact persons at customers, interested parties, sales partners, suppliers and partners (each a: "business partner"):
• Contact information, such as first and last name, position in the company, business address, business telephone number, business mobile number, business fax number and business email address,
• Account information, such as the my DMG MORI account or the DMG MORI STORE account including user name, login data, as well as information voluntarily deposited in the account and approved for disclosure;
• Payment data, such as information required for the processing of payment transactions or fraud prevention,
• other information whose processing is necessary within the scope of a project or the processing of a contractual relationship with us or which is provided voluntarily by business partners, e.g. within the scope of orders placed, enquiries or project details,
• Personal data collected from publicly available sources, information databases or credit bureaus,
• where legally required: date of birth, identity card and ID numbers, information on relevant court proceedings and other legal disputes involving business partners.
We only process personal data on the basis of consent, legal permission, a legal obligation to do so or on the basis of our legitimate interests. This is on the basis of the following legal grounds, for the following purposes:
• Communication with business partners regarding products, services and projects, e.g. to process enquiries from the business partner or to provide technical information on products, pursuant to Art. 6 para. 1 lit. a, b and f DSGVO;
• Planning, implementation and administration of the (contractual) business relationship between the business partner and us, e.g. in order to process the order of products and services, collect payments, for accounting and billing purposes and to carry out deliveries, maintenance activities or repairs, pursuant to Art. 6 para. 1 lit. a, b and f DSGVO;
• Maintaining and protecting the security of our products and services as well as our websites, preventing and detecting security risks, fraudulent actions or other criminal or harmful actions pursuant to Art. 6 para. 1 lit. a, b ,c ,d ,e and f DSGVO;
• Compliance with (1) legal requirements (e.g. tax and commercial retention obligations), (2) existing obligations to conduct compliance investigations (to prevent white-collar crime or money laundering) and (3) our guidelines and industry standards, pursuant to Art. 6 para. 1 lit. b ,c ,d ,e and f DSGVO;
• Settlement of legal disputes, enforcement of existing contracts and assertion, exercise and defence of legal claims, pursuant to Art. 6 para. 1 lit.f DSGVO.
1.2 Special distribution channels: Order via the DMG MORI STORE
We are operating the DMG MORI STORE, an online distribution channel. If one of our products was purchased via the DMG MORI STORE, personal data will be processed by storing by us. This involves
• Company data incl. address, VAT number, bank account details
• Login data of your DMG MORI STORE account (user name, password);
• Your contact details saved in DMG MORI STORE (including surname, first name, e-mail address);
• Your supplementary data communicated in DMG MORI STORE and released for dissemination.
This data is required to identify our contractual partner and to contact you as a contact person. The legal basis for the processing is our legitimate interest in accordance with Art. 6 (1) f DSGVO, which is not outweighed by your rights and interests in the protection of your personal data.
Data that you have additionally and voluntarily stored in your DMG MORI STORE account with the proviso that it may be passed on will be processed by us on the basis of your consent to pass it on pursuant to Art. 6 para. 1 lit. a DSGVO.
1.3 The PAYZR order process
The PAYZR order process allows you to configure, order and finally use a DMG MORI machine tool efficiently and cost-effectively.
1.3.1 DMG MORI STORE Account/my DMG MORI Account
To use the PAYZR order process, you need either a DMG MORI STORE or a my DMG MORI account. For more information on the processing of personal data in connection with the set-up and use of these accounts, please visit https://mydmgmori.com/#/legal/text/privacy-policy. .
1.3.2 First step
When you initiate the PAYZR order process, we first process the following data:
• Login data of your DMG MORI STORE/my DMG MORI account (including user name, password);
• Your contact details stored in the DMG MORI STORE/my DMG MORI account (including surname, first name, e-mail address);
• Your supplementary data provided in the DMG MORI STORE/my DMG MORI portal and approved for disclosure.
This data is required to identify our contractual partner and to contact you as a contact person. The legal basis for the processing is our legitimate interest in this regard pursuant to Art. 6 (1) lit. f DSGVO, which is not outweighed by your rights and interests in the protection of your personal data.
Data that you have additionally and voluntarily stored in your DMG MORI STORE/my DMG MORI account with the proviso that it may be passed on will be processed by us on the basis of your consent to the passing on pursuant to Art. 6 para. 1 lit. a DSGVO.
1.3.3 Second step
If you continue the PAYZR order process, the following data will be processed via a requested self-disclosure:
• Contact details of the persons authorised to represent the company (name, business e-mail address, business telephone),
• Copy of the identity card of the person authorised to represent the company,
• Financial and structural data of the company, e.g. Form of company, bank details, date of incorporation, turnover at last balance sheet date, profit at last balance sheet date, balance sheet total at last balance sheet date, equity at last balance sheet date, turnover at last balance sheet date but one, balance sheet total at last balance sheet date but one, information as to whether production is for the defence industry, the company is part of a group of companies, name and type of affiliated companies, sector of industry, core competences of the company, three largest customers (including share of turnover), number of shifts in the company, number of employees, export and export share of total turnover, machine replacement or expansion, shareholders, beneficial owner of the company or of the group, business management evaluations, annual financial statements,
This data is necessary to qualify our contractual partner and to check his creditworthiness. The legal basis for the data processing is Art. 6 (1) lit. f DSGVO, as we have a legitimate interest in checking whether our contractual partner is likely to be able to fulfil the economic obligations assumed under the contractual commitment entered into with us. This does not outweigh your rights and interests in the protection of your personal data within the meaning of Art. 6 (1) f DSGVO.
1.3.4 Third step
For the purpose of credit assessment and subsequent financing, we transmit the data provided to us in the above steps to DMG MORI Finance GmbH, Antoniusstraße 14, 73249 Wernau, info@dmgmori-finance.com, as well as to companies of DMG MORI AG, Gildemeisterstraße 60, 33689 info@dmgmori.com, which are responsible for processing the request within the group. The legal basis for the associated processing is again Art. 6 (1) lit. f DSGVO, as we have a legitimate interest in passing on the data for the conclusion of the contract and its implementation within our group of companies and your rights to the protection of personal data within the meaning of Art. 6 (1) lit. f DSGVO do not prevail.
2. Disclosure and transmission of data
If, in the course of our processing, we disclose your data to other persons and companies (processors or third parties), transfer it to them or otherwise grant them access to the data, this will only be done on the basis of your consent, a legal permit, a legal obligation to do so or on the basis of our legitimate interests. If processors are used, this is done on the basis of Art. 28 DSGVO.
2.1 The data processed by us will be disclosed within the DMG MORI Group for internal administrative purposes to the extent necessary.
Any disclosure of personal data is justified by the fact that we have a legitimate interest in disclosing the data for administrative purposes within our group of companies and that your rights to the protection of your personal data within the meaning of Art. 6 (1) lit. f DSGVO are not overridden.
2.2 If it is necessary for the clarification of an illegal or abusive use of the ordering process or for legal prosecution, personal data will be passed on to the law enforcement authorities or other authorities and, if necessary, to injured third parties or legal advisors.
third parties or legal advisors. However, this only happens if there are indications of unlawful or abusive behaviour. A transfer may also take place if this serves to enforce legal claims. We are also legally obliged to provide information to certain public authorities upon request. These are law enforcement agencies, authorities that prosecute administrative offences subject to fines, and tax authorities.
Any disclosure of personal data is justified by the fact that (1) the processing is necessary for compliance with a legal obligation to which we are subject pursuant to Art. 6 para. 1 lit. c) DSGVO in conjunction with. (2) we have a legitimate interest in disclosing the data to the aforementioned third parties if there are indications of abusive behaviour or for the enforcement of legal claims and your rights and interests in the protection of your personal data within the meaning of Art. 6 para. 1 lit. f) DSGVO are not overridden.
2.3. Within the scope of our business activities, we rely on the IT services of our affiliated company GILDEMEISTER Beteiligungen GmbH, Gildemeisterstraße 60, 33689 Bielefeld, info@dmgmori.com as well as on third-party companies and external service providers.
Any disclosure of personal data is justified by the fact that (1) we have a legitimate interest in disclosing the data for administrative purposes within our group, in using our internal group service providers and your rights and protection of your personal data within the meaning of Art. 6 (1) lit. f DSGVO and (2) we have carefully selected our internal IT service providers, our third-party companies and external service providers as processors within the scope of Art. 28 (1) DSGVO, regularly reviewed them and contractually obliged them to process all personal data exclusively in accordance with our instructions.
2.4 As our business evolves, we may change the structure of our business by changing its legal form, establishing, buying or selling subsidiaries, divisions or components. In such transactions, customer information may be transferred along with the part of the business being transferred. When transferring personal data to third parties to the extent described above, we will ensure that this is done in accordance with this privacy policy and applicable data protection law.
Any disclosure of personal data is justified by the fact that we have a legitimate interest in adapting our corporate form to the economic and legal circumstances as required and that your rights and interests in the protection of your personal data within the meaning of Art. 6 (1) f) DSGVO do not outweigh this.
3. Data transfers to third countries
In addition to the data transfers already described, the following applies: If the data is processed in a third country, i.e. outside the European Union or the European Economic Area ("EEA"), or if this is done in the context of using third-party services or disclosing or transferring data to third parties, this is only done to fulfil our (pre-)contractual obligations, on the basis of your consent, due to a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permission, we also only process the data in a third country or have it processed in a third country if the special requirements of Art. 44 ff. DSGVO. In order to ensure the protection of your personal rights also in the context of these data transfers, we make use of the standard contractual clauses of the EU Commission pursuant to Art. 46 para. 2 lit. c DSGVO when structuring the contractual relationships with the recipients in third countries.
4. Changes of purpose
Processing of your personal data for purposes other than those described above will only take place if permitted by law or if you have consented to the changed purpose of the data processing. In the event of further processing for purposes other than those for which the data was originally collected, we will inform you of these other purposes prior to further processing and provide you with all other relevant information.
5. Data storage period
We delete or anonymise your personal data as soon as it is no longer required for the purposes for which we have collected or used it in accordance with the above paragraphs. As a rule, we store your personal data for the duration of the contractual relationship, unless this data is required for longer for criminal prosecution or to secure, assert or enforce legal claims.
Specific statements in this data protection declaration or legal requirements for the retention and deletion of personal data, in particular data that we must retain for tax law reasons, remain unaffected.
6. Your rights as a data subject
6.1 Right of information
You have the right to receive information from us at any time upon request about the personal data processed by us that concerns you within the scope of Art. 15 DSGVO. To do this, you can send a request by post to the address below or by e-mail to responsibility@dmgmori.com.
6.2 Right to rectify inaccurate data
You have the right to ask us to correct your personal data immediately if it is inaccurate. To do so, please contact us at the addresses below.
6.3 Right of cancellation
You have the right to request that we erase the personal data concerning you under the conditions described in Art. 17 of the GDPR. These conditions provide in particular for a right to erasure if the personal data are no longer necessary for the purposes for which they were collected or otherwise processed, as well as in cases of unlawful processing, the existence of an objection or the existence of an obligation to erase under Union law or the law of the Member State to which we are subject. For the period of data storage, please also see section 5 of this data protection declaration. To exercise your right to erasure, please contact us at the addresses below.
6.4 Right to restriction of processing
You have the right to demand that we restrict processing in accordance with Art. 18 DSGVO. This right exists in particular if the accuracy of the personal data is disputed between the user and us, for the duration that the verification of the accuracy requires, as well as in the event that the user requests restricted processing instead of erasure in the case of an existing right to erasure; furthermore, in the event that the data are no longer necessary for the purposes pursued by us, but the user requires them for the assertion, exercise or defence of legal claims, as well as if the successful exercise of an objection is still disputed between us and the user. To exercise your right to restrict processing, please contact us at the contact addresses below.
6.5 Right to data portability
You have the right to obtain from us the personal data concerning you that you have provided to us in a structured, commonly used, machine-readable format in accordance with Art. 20 DSGVO. To exercise your right to data portability, please contact us at the addresses below.
6.6 Revocation of consent
If you have given us your consent to process your personal data, you can revoke this at any time free of charge and without disadvantages and with effect for the future. This can be done by sending an e-mail to disagree@dmgmori.com or a message to the contact addresses below. After revoking your consent, your personal data will no longer be used for the aforementioned purposes and - subject to permissible processing for other purposes - will be deleted immediately.
7. Right of objection
You also have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data relating to you which is carried out on the basis of Article 6(1)(e) DSGVO (data processing in the public interest) or Article 6(1)(f) DSGVO (data processing on the basis of a balance of interests); this also applies to profiling based on this provision (Article 21 DSGVO). If you object, we will only further process your personal data if we can demonstrate compelling legitimate grounds for doing so that override your interests, rights and freedoms, or if the processing serves to assert, exercise or defend legal claims.
8. Right of appeal
You also have the right to complain to a data protection supervisory authority about the processing of your personal data by us in accordance with Art. 77 DSGVO.
9. contact
If you have any questions or comments about our handling of your personal data, or if you would like to exercise the rights as a data subject set out in sections 6 and 7, please contact responsibility@dmgmori.com. Our Group Data Protection Officer is also available to you. You can reach him at GILDEMEISTER Beteiligungen GmbH, attn: Group Data Protection, DECKEL MAHO Straße 1, 87459 Pfronten, responsibility@dmgmori.com.
10. Changes to this privacy policy
We always keep this privacy policy up to date. Therefore, we reserve the right to change it from time to time and to update any changes in the collection, processing or use of your data. The current version of the data protection declaration is always available at https://dmgmori.com/data-protection-dmg-mori-digital-de.