Data protection information for suppliers and business partners

We are glad that you are interested in our company and that you got in touch with our company as a supplier or as a business partner. In the following, we would like to provide you with the necessary information on the processing of your personal data in connection with your contact in the context of a relationship of a supplier and business partner.

The protection of your personal data is of paramount importance. Personal data is information about personal or factual circumstances regarding an identified or identifiable natural person. The personal data include, for example, your legal name, address, phone number and date of birth, but also all other data which can be related to an identifiable person.

Our data protection practice is in accordance with the valid legal regulations, in particular those of the Federal Data Protection Act (BDSG, Bundesdatenschutzgesetz) and the General Data Protection Regulation of the EU (GDPR).

 

Who is the controller of the data processing?

The controller within the meaning of data protection law is the following company according to German law:
EMOD MOTOREN GmbH
Zur Kuppe 1, D-36364 Bad Salzschlirf, Germany
Email address: info(at)emod-motoren.de
Phone number: +49 (0) 6648/510
Fax number: +49 (0) 6648/51143.
You will find further information about our company, information about authorised representatives and other contact options in our imprint on our website by clicking on the following link:
https://www.emod-motoren.de/en/legal/

 

What kind of data shall be subject to our processing? And for what purposes do we process the data?

As soon as you get in touch with us, we will collect the following data:

  • Your data we receive during the contract initiation and/or during the contract processing (like for example the name of your legal representative, company, commercial register number, VAT ID number, company number, and address),
  • Your contact details relating to the contact persons inside the company (first name, surname),
  • Your communication data (phone number, cell phone number, e-mail address, fax number),
  • Your supplier number as well as your order and delivery data for the purpose of initiation,
  • Your data relating your order and contract,
  • Your data relating to invoicing and payment (bank details, SEPA mandate, etc.),
  • All information which is needed for your consultation and/or the execution of your request within the framework of your relationship as supplier or business partner.


This collection of the said data is carried out for the purposes listed here in the following:

  • in order to enable us to identify you as our supplier/business partner,
  • in order to be able to correspond with you and/or in order to otherwise get in touch with you,
  • in order to be able to support you in a responsible and successful way,
  • in order to fulfil the business purpose such as pre-contractual measures, like for example for the preparation of offers, the processing of inquiries (see what stated under article 6 paragraph 1 clause 1 letter b of the GDPR),
  • in order to deliver goods and services for the fulfilment of contractual obligations (order, order payment processing, and invoicing) (see what stated under article 6 paragraph 1 clause 1 letter b of the GDPR),
  • in order to maintain business contacts and to inform the business partner about new products and services (see what stated under article 6 paragraph 1 clause 1 letter f of the GDPR),
  • in order to process the data on the basis of legal obligations, like for example with regard to the tax regulations (see what stated under article 6 paragraph 1 sentence 1 letter c of the GDPR in connection with the specific legal bases, such as for example the article 147 of the German Tax Code, AO, and the article 257 of the German Commercial Code, HGB),
  • in order to be able to settle and enforce any type of liability claims on our part against you,
  • in order to be able to pursue any type of (payment) claims you could have against us.

 

On what legal basis does this take place?

The data processing takes place for the purposes listed here in the following:

  • in order to fulfil the existing (pre)contractual obligations (under article 6 paragraph 1 letter b of the GDPR):
    • The processing of your data takes place for the execution of the contract. The data is processed in particular when we initiate business with you and during the subsequent contractual relationship.
  • in order to fulfil the existing legal obligations (under article 6 paragraph 1 letter c of the GDPR):
    • A processing of your data is necessary in order to fulfil various legal obligations, for example those arising from the German Commercial Code, HGB or from the German Tax Code, AO.
  • In order to protect the existing legitimate interests (under article 6 paragraph 1 letter f of the GDPR):
    • Furthermore, we process your data beyond the actual fulfilment of the existing contract in order to protect our legitimate interests or those of third parties. Such data processing takes place for the following purposes:
      • For measures for business management and further development of services,
      • in the context of legal action.

 

How long will the data be stored?

Your data will be stored or collected both digitally (in our administrative software and/or in our document management system) and in paper form.
The personal data we collect within the framework of the supplier/business partner relationship will be saved and/or stored until the expiry of the statutory retention obligation. After that, the data will be deleted and/or destroyed. Any other provision shall only apply if we are obliged to save and/store the data for a longer period of time due to further statutory provisions (like for example according to the German Tax Code (AO), the German Money Laundering Act (GwG), etc.) (see what stated under article 6 paragraph 1 sentence 1 letter c of the GDPR).
After the conclusion of the retention period, we will have your paper documents and your further documents collected by a certified company in sealed containers by maintaining all confidentiality. After that step, we will destroy the said documents.

 

Which recipients will your data be shared with?

Generally speaking, your personal data will not be shared with any third parties for purposes other than the ones listed here in the following. The data is only passed on insofar as this is needed for the proper execution of the contractual relationship existing with you (see what stated under article 6 paragraph 1 clause 1 letter b of the GDPR). This aspect especially includes, among others, the submission of the data to our bank, in the event of any claims against you to our lawyer, and if applicable, to potential authorities and customers. A submission of data will also take place on the basis of statutory provisions to public bodies (tax authorities), on the basis of the fulfilment of the contract to external bodies (contractual partners), on the basis of the processing of the data on our behalf in accordance with what stated under article 28 of the GDPR to external contractors (like for example to IT service providers, disposal companies) as well as on the basis of our predominant legitimate interests to other external bodies (like for example to a credit institution for supplier payments, tax consultants, and customs). The data passed on may only be used by the third party for the above-mentioned purposes.
No further transmission of your personal data to third parties will take place.
The employees working in our company and getting in touch with your data shall be subject to a strict confidentiality and non-disclosure obligation, whose compliance is subject to our constant monitoring. Other persons with whom we cooperate and who come or may come into contact with your data have also been or will be obliged by us in writing to maintain confidentiality and secrecy. In addition, as has also been or will be expressly pointed out to them, they will be liable to prosecution in case of a breach of the said obligation.

 

Where is your data processed?

The data will only be processed on the internal servers of the controller.
If we transfer any personal data to service providers located outside the territory of the European Economic Area (EEA), the transfer will only take place if the involved third country has been confirmed by the EU Commission to have an adequate level of data protection (according to the admissibility requirements under chapter V, articles 40 to 50 of the GDPR) or if other appropriate data protection guarantees (e.g. binding internal company data protection regulations or EU standard contractual clauses) are available.

 

The rights granted to you as "data subjects"

You are entitled to information (under article 15 of the GDPR) about the personal data we process about you.
In the event of a request for information which is not sent in writing, we will ask for your understanding that we may in this case request evidence from your side which proves that you are the person you claim to be.
In addition, you are entitled to correction (under article 16 of the GDPR) or to deletion (under article 17 of the GDPR) or to restriction (under article 18 of the GDPR) of the processing, insofar as this is possible from a legal point of view.
IN ADDITION, YOU ARE ENTITLED TO OBJECTION (UNDER ARTICLE 21 OF THE GDPR) TO THE PROCESSING WITHIN THE FRAMEWORK OF THE LEGALLY APPLICABLE REQUIREMENTS. The same principle applies to a right relating to the data portability (under article 20 of the GDPR).

 

Contact details for data protection

If you have any questions about data protection and the processing of your personal data or if you wish to exercise your rights as a data subject (e.g. right of access), you can contact our data protection team at any time using the following contact details:

EMOD MOTOREN GmbH
Elektromotorenfabrik
- For the data protection team -
Zur Kuppe 1
D-36364 Bad Salzschlirf
E-mail: datenschutz(at)emod-motoren.de

We have appointed a data protection officer in accordance with Art. 37 GDPR. For inquiries, while maintaining secrecy and confidentiality, you can reach our external data protection officer using the following contact details:

EMOD MOTOREN GmbH
Elektromotorenfabrik
- To the Data Protection Officer -
Zur Kuppe 1
D-36364 Bad Salzschlirf
E-mail: datenschutzbeauftragter(at)drimalski.de 

 

Right to lodge a complaint

You have the right to complain to a data protection supervisory authority about our processing of personal data.

 

Changes to the present data protection information

We revise the present data protection information in the event of changes in data processing or other occasions that make this needed. You will always find the current version of the data protection information on this website.