Privacy Policy: T-Rax

Name of the processing

Time recording

Purposes of processing

Recording of:

• Working hours
• Presence
• Absence
• Vacation time(s)
• Skills and contacts

Description of categories of personal data

• Name
• Surname
• E-mail address
• Position in the company
• Working hours
• Vacation time(s)
• Sick leave(s)

The recording of working hours is used for the settlement and thus the fulfilment of the employment or training contract in accordance with Article 6 (1b) of the EU General Data Protection Regulation.

Data on working hours and holiday periods, as well as sick days, are also collected and stored in accordance with Article 6 (1c) of the EU General Data Protection Regulation (GDPR) in order to fulfil legal and legal obligations.

Description of the categories of affected persons

• Employees of Convidera GmbH

Categories of recipients to whom the personal data have been disclosed or are still being disclosed

• Human resources
• Payrollaccounting
• Tax Consultants / Auditors
• Teamleads and Management

Transfers of personal data to a third country or to an international organization

No transfer to a third country or to an international organization takes place

Proposed time limits for the deletion of the various categories of data

• Overtime: 2 years
• Tax-relevant data on the recording of working time are stored for at least 10 years in accordance with the provisions of the Tax Code.
• All other data is stored for a period of two years. The stored data will be deleted after the purpose of collection and storage has been omitted.

In addition, various statutory deletion periods must be considered, such as proof of working time and employment in accordance with Section 16 (2) of the ArbZG, Section 17 (1) MiLoG and Section 19 (2) MuSchG.

Rights of the data subject

a) Right of access

You may request confirmation from the controller as to whether personal data concerning you is processed by us.

If such processing is available, you can request information from the controller for the following information:

• the purposes for which the personal data are processed;
• the categories of personal data that are processed;
• the recipients or categories of recipients to whom the personal data concerning you have been disclosed or are still being disclosed;
• the planned duration of the storage of the personal data concerning you or, if specific information is not possible, criteria for determining the storage period;
• the existence of a right to rectification or deletion of personal data concerning you, a right to restriction of processing by the controller or a right to object to such processing;
• the existence of a right of appeal with a supervisory authority;
• any available information on the origin of the data if the personal data are not collected from the data subject;
• the existence of automated decision-making, including profiling, in accordance with Article 22(1) and (4) GDPR and, at least in these cases, meaningful information on the logic involved and the scope and intended impact of such a Processing for the data subject.

You have the right to request information about whether the personal data concerning you are transferred to a third country or to an international organization. In this context, you may request to be informed of the appropriate guarantees under Article 46 GDPR in connection with the transmission.

b) Right to rectification

You have a right to rectification and/or completion to the controller if the personal data processed concerning you are incorrect or incomplete. The person responsible shall make the correction without delay.

c) Right to restrict processing

You may request the restriction of the processing of personal data concerning you under the following conditions:

• if the accuracy of the personal data concerning you is disputed for a period of time that enables the controller to verify the accuracy of the personal data;
• the processing is unlawful, and you refuse the deletion of the personal data and instead demand the restriction of the use of the personal data;
• the controller no longer needs the personal data for the purposes of the processing, but you need it to assert, exercise or defend legal claims, or
• if you have objected to the processing in accordance with Art. 21 sec. 1 GDPR and it has not yet been determined whether the justified reasons of the controller outweigh your reasons.

If the processing of personal data concerning you has been restricted, such data may only be processed with your consent or for the assertion, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of an important public interest of the Union or a Member State.

If the restriction of processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.

d) Right to erasure

1) Responsibility to delete

You can request that the personal data concerning you be deleted immediately, and the controller is obliged to delete this data immediately, if one of the following reasons applies:

• The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
• You revoke your consent, on which the processing was based in accordance with Art. 6 sec. 1 lit. a or Art. 9 sec. 2 lit. a GDPR, and there is no other legal basis for the processing.
• In accordance with Art. 21 sec. 1 GDPR, you object to the processing and there are no primary legitimate reasons for the processing, or you object to the processing in accordance with Art. 21 sec. 2 GDPR.
• The personal data concerning you have been processed unlawfully.
• The deletion of personal data concerning you is necessary to fulfil a legal obligation under Union law or the law of the Member States to which the controller is subject.
• The personal data concerning you have been collected in relation to the services offered by the information society in accordance with Art. 8 sec. 1 GDPR.

2) Information to third parties

If the controller has made the personal data concerning you public and is obliged to delete them in accordance with Art. 17 sec. 1 GDPR, he shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, in order to inform data controllers who process the personal data that you, as a data subject, will be aware of the deletion of all links to these data controllers. personal data or copies or replicas of such personal data.

3) Exceptions

The right to erasure does not exist to the extent that the processing is necessary

• the exercise of the right to freedom of expression and information;
• to fulfil a legal obligation requiring processing under the law of the Union or of the Member States to which the controller is subject, or to perform a task which is in the public interest or in the exercise of official authority delegated to the controller;
• for reasons of public interest in the field of public health, in accordance with Article 9(2) of the h) and i) and Article 9(3) GDPR;
• for archival purposes in the public interest, scientific or historical research purposes or for statistical purposes in accordance with Article 89(1) GDPR, insofar as the law referred to in section (a) is likely to achieve the objectives of such processing impossibly or seriously impaired, or
• for the assertion, exercise or defense of legal claims.

e) Right to information

If you have asserted the right to rectification, deletion or restriction of the processing against the controller, the controller is obliged to inform all recipients to whom the personal data concerning you have been disclosed this correction or deletion of the data or restriction of the processing, unless this proves impossible or entails a disproportionate effort.

You have the right to be informed about these recipients.

f) Right to data portability

You have the right to receive the personal data concerning you that you have provided to the controller in a structured, common and machine-readable format. In addition, you have the right to transfer this data to another controller without hindrance by the controller to whom the personal data has been provided, provided that:

• processing on consent in accordance with Art. a GDPR or Art. a GDPR or on a contract pursuant to Art. b GDPR is based and
• processing using automated procedures.

In the exercise of this right, you also have the right to obtain that the personal data concerning you are transmitted directly by one controller to another controller, insofar as this is technically feasible. The freedoms and rights of other persons must not be affected by this.

The right to data portability shall not apply to the processing of personal data necessary for the performance of a task which is in the public interest or carried out in the exercise of official authority delegated to the controller.

g) Right of opposition

You have the right to object at any time to the processing of personal data concerning you, which is based on Article 6 (1) lit. e or f GDPR, for reasons arising from your particular situation; this also applies to profiling based on these provisions.

The controller will no longer process the personal data concerning you, unless he can prove compelling legitimate grounds for the processing that outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.

If the personal data concerning you are processed in order to conduct direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purpose of such advertising; this also applies to profiling insofar as it is related to such direct marketing.

If you object to the processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.

h) Right to revoke the declaration of consent under data protection law

You have the right to revoke your declaration of consent under data protection law at any time. The revocation of the consent does not affect the legality of the processing carried out based on the consent until the revocation.

i) Automated decision-making on a case-by-case basis, including profiling

You have the right not to be subject to a decision based solely on automated processing, including profiling, that has legal effect on you or similarly significantly affects you. This does not apply if the decision:

• necessary for the conclusion or performance of a contract between you and the controller,
• is permitted by Union or Member State legislation to which the controller is subject, and that legislation contains appropriate measures to safeguard your rights and freedoms and legitimate interests, or
• with your express consent.

However, such decisions may not be based on specific categories of personal data under Article 9(1) GDPR, unless Article 9(2) of the GDPR applies and appropriate measures are taken to protect the rights and freedoms as well as your legitimate interests have been taken.

With regard to the cases referred to in (1) and (3), the controller shall take appropriate measures to safeguard the rights and freedoms and your legitimate interests, including at least the right to the intervention of a person on the part of the controller, to statement of one's own position and on the challenge of the decision.

j) Right to complain to a supervisory authority

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your place of residence, place of work or the place of alleged infringement, if you consider that the processing of personal data concerning you is in breach of the GDPR.

The supervisory authority to which the complaint was lodged shall inform the complainant of the status and results of the complaint, including the possibility of a judicial remedy under Article 78 GDPR.