Legal Purpose of treatment
The Purposes of treatment of the personal data are determined by the execution of diverse kinds of formalized contracts that become needed to continue the entire activity of the company, among them we state:
- The execution of the service provision contracts that we maintain with our customers;
- Employment contracts we have with our employees;
- Management of internal processes for customers and employees;
- Accounting, fiscal and administrative management;
- Litigation management;
- Physical security control and compliance with legal obligations.
In GDPR terms, we are legitimated by the following legal purposes (Lawfulness of Processing):
- Execution of contracts or pre-contractual steps – Processing is necessary for the conclusion, execution, and management of contracts to which the data subject is a party, or at the request of the data subject.
- Compliance with Legal Obligation – For the fulfillment of a legal obligation to which the company is subject. For example, communication of tax data.
- Pursuing a legitimate interest, such as the safety of people and goods, the improvement of the quality of a service, to promote transparency within the scope of Social Responsibility. Global Market Solutions GMBH performs a duly registered balancing test that ensures the legitimacy of the treatment.
- Consent - Whenever the legal grounds listed above are not applicable, Global Market Solutions GMBH requests the Data Subject's Consent. Consent is a free, specific, informed, and explicit expression of will through an unequivocal (and written) declaration or act in which the Data Subject authorizes the Treatment.
The withdrawal of consent can be requested at any time, by sending a simple request to the email address: gdpr@global-market-solutions.de
The Personal Data collected by us will be treated and kept according to the purposes and for the minimum period legally necessary.
Whom can we share your data?
Global Market Solutions GMBH may, in the scope of its basic activities, disclose the data collected to fulfill the purposes indicated in this policy, being provided to the entities of the Global Market Solutions GMBH network’s only the data strictly necessary for the execution of the service, based on the fulfillment of legal obligation (for example salary processing or any tax obligation that requires it), and may also, to the strictly necessary, be communicated to official entities whenever this is legally required and may be handled by suppliers of the company (for example internal and external auditors that allows us to preserve and improve the quality of the service).
In this sense, the entire scope of this policy extends to the treatments of third parties and data processors, considering:
- Compliance with the treatment of the GDPR, this privacy policy and a legal, fair and transparent treatment;
- The data collected are merely instrumental to our activity, intended to pursue a certain, specific, and legitimate purpose. Any further processing cannot be incompatible with the specific purposes;
- The data collected will be those strictly necessary for the purpose, which are adequate, relevant and necessary for the purposes and collection of treatment, taking into account the principle of data minimization;
- The data will be kept accurate and updated in order to guarantee the principle of accuracy and guaranteeing their integrity and confidentiality;
- Still regarding integrity and confidentiality, there cannot be any illegal and/or unauthorized treatment in order to prevent any loss, destruction, or damage to data by adopting all appropriate technical and organizational measures;
- The conservation of the Data Subject's data is a concern for Global Market Solutions GMBH, therefore, the data will remain identifiable solely and exclusively for the necessary period to fulfill the purposes for which the data’s processed.
How do we design new products?
Whenever a new product is developed, it is ensured in the design itself (as a primary aspect) that it has the most advanced technical and organizational measures available to Global Market Solutions GMBH (taking into account the risks arising from the treatment for the rights and freedoms of the data, as well as the arising risks to the treatment for the rights and freedoms of the natural persons, being aware of the variability, probability and severity) while maintaining privacy as a pillar throughout the processing process. In this way, the application of all the principles determined by the GDPR from conception is guaranteed, protecting Data Subjects, and ensuring the rights of data subjects.
In short, Global Market Solutions GMBH is commited to implement and have privacy present in the product development phase and throughout the treatment to ensure data protection from the very conception of the product (“Privacy by Design”).
How long will the data be kept?
The data will be kept for: the period necessary for the purposes they are intended too, and they are processed within the scope of our activity; for a maximum period of 5 years for staff selection and recruitment; for the periods required by the legal obligations to which we are subjects.
YOUR RIGHTS
Rights of the data subject
The Data subject has the following rights, which he can easily and free of charge request, through the following e-mail: gdpr@global-market-solutions.de
Only in case of manifestly unfounded or excessive requests may a fee be charged for the exercise of these rights (in accordance with article 15, No. 3 from GDPR).
Access Right
The data subject has the right to question whether or not the data is being processed and, if so, the right to access their personal data and to be provided with the following information:
- Purpose of the treatment;
- Categories of data to be processed;
- Third parties to whom the data will be disclosed;
- Expected retention periods or, if this is not possible, the criteria used to set that period;
- Existence of the right to request rectification, erasure, limitation of treatment or opposition to the treatment;
- Security and destination measures related to the transfer of data to third countries;
- Right to lodge a complaint with the supervisory authority.
The data subject also has the right to obtain a copy of the personal data being processed.
According to Section 34(1) of the BDSG, this right of access shall not apply if the data was recorded only because it may not be erased due to legal or statutory retention provisions or only serve the purpose of monitoring data protection or safeguarding data, and in each case providing information would require a disproportionate effort and appropriate technical and organizational measures make processing for other purposes impossible.
Rectification Right
The data subject has the right to request and obtain the rectification of inaccurate data and to request that incomplete personal data is completed without undue delay.
Right to be Forgotten
The data subject has the right to request the erasure of his personal data, without undue delay, whenever they are no longer accurate for the purpose that motivated their collection or treatment. He may also decide to withdraw his consent to the processing of his personal data whenever he wants to enjoy the right to oppose it.
Section 35(1) of the BDSG provides that data subjects do not have a right to erasure in case of non-automated processing if the erasure would be impossible or involve a disproportionate effort due to the mode of storage, provided the data subject's interest in erasure may be regarded as minimal and the data was processed lawfully. Restriction of processing will then apply instead of a right to erasure.
Right to limitation of Treatment
The data subject has the right to limit/restrict the processing of his/her personal data whenever one of the following situations occurs:
- If the data are inaccurate and they are contested during the period in which it is possible to verify their accuracy;
- If the treatment is unlawful, but the data subject opposes to the end of the treatment and only wants to limit its use;
- If the data controller no longer needs the data for processing, but such data required by the data subject for the purposes of declaring, exercising or defending a right in a judicial process;
- If at any time you have objected to the respective processing and it has not ceased (i) for imperative and legitimate reasons presented to the controller or (ii) for the purposes of declaring, exercising, or defending a right in a legal proceeding
In the situations listed above, you may be asked to suspend processing or limit the scope of processing to certain categories of data (for example only providing full name and address) or even specific processing purposes.
Notification Right
Whenever the data subject is requested to rectify, erase or limit the processing of data, the person responsible for the treatment informs the data subject that he has proceeded in accordance with the request, unless such communication proves impossible or involves a disproportionate effort. If the data subject so requests, the controller provides information on said recipients, or if any specific section contemplated in the BDSG (as for example Judicial motive) impedes the duty of notification.
Data Portability Right
The data subject has the right to receive personal data concerning him in a structured, commonly used, and machine-readable format without Global Market Solutions GMBH being able to object under the terms of article 20 No. 1 of the GDPR:
- if the processing is based on a contract;
- the data subject has given consent;
- processing is carried out by automated means.
How can I exercise my rights?
To exercise any of these rights or for any questions regarding the processing of their personal data, the data subject must address a request to the person responsible for processing, the e-mail address to make the request: gdpr@global-market-solutions.de
Although these rights are clarified to the data subject when collecting the respective personal data, in case of doubts, the data subject can contact the person responsible for the treatment by e-mail: gdpr@global-market-solutions.de
RESPONSABILITIES
How do we Protect your Data?
Global Market Solutions GMBH has been working to maintain and preserve personal data providing a high level of security. In compliance with the principle of security, secrecy, and privacy, we guarantee the processing of your data only by authorized persons, only accessing and processing your data by those who have the legitimacy to do so, always doing so in a confidential manner. The “need-to-know” principle was adopted, where employees can only have access to personal data if it is strictly necessary for the performance of their duties. Treatment outside this scope is considered prohibited and submitted to disciplinary sanctions, in accordance with our internal security and confidentiality policies and procedures, which are periodically updated as necessary.
Depending on the nature, scope, context, and purposes of data processing, as well as the risks arising from the treatment for the rights and freedoms of the data subject, we apply, both when defining the means of treatment and when processing, the necessary and appropriate technical and organizational measures for data protection.
Employees are not allowed to use personal data for private or economic purposes, transmit them to unauthorized third parties and/or allow access in any other way.
Global Market Solutions GMBH also undertakes to ensure that, by default, only relevant, necessary, and appropriate data will be processed for each specific purpose of the treatment and that such data are not made available without human intervention to an undefined number of people.
Although this is not foreseen, if the transfer of personal data to countries outside the European Union is carried out, the applicable legal provisions are observed, namely regarding the determination of the suitability of such country regarding data protection and the requirements applicable to such transfers.
Security measures were also defined, ranging from best practices to the prevention of external threats. These are described in the security policy. If you wish to have access to it, you can request it by sending an e-mail to: gdpr@global-market-solutions.de
Global Projects Department
Global Market Solutions GMBH assisted by the DPG is responsible for:
- Act on behalf of the Data Controller with respect to all duties and obligations under the GDPR;
- Monitor and control the compliance of processes with the GDPR and with the policies implemented properly and in a timely manner;
- Ensuring that it has all the resources necessary for the performance of its functions;
- Act as a point of contact for requests from data subjects regarding the processing of their personal data and the exercise of their rights;
- Carry out an impact assessment on data protection if a certain type of treatment so requires.
Violation of Personal Data
t is considered a violation of personal data any act that calls into question the security of the data, in an accidental or unlawful manner, and causes the unauthorized destruction, loss, alteration, disclosure or access to personal data transmitted, stored or subject to any other type of treatment.
We can firmly declare that Global Market Solutions GMBH has been working to maintain and preserve personal data with a high level of security. However, small, unexpected deviations may occur.
If any of our candidates, employees, customers, data processers or third parties detect or suspect of a possible personal data breach, they should immediately send an email to gdpr@global-market-solutions.de indicating what has happen, as well as identify the data that may be involved. In this way, the responsible department can act quickly and adequately, in accordance with the rules established in the Regulation.
In case of a data breach and to the extent that such breach is likely to entail a high risk for the rights and freedoms of customers, workers and other employees and/or partners, we undertake to report such breach to German Bundesdatenschutzgesetz (BfDI), within 72 hours of becoming aware of the incident, and to the holders of personal data whenever such breach is likely to entail a high risk for their rights.
COOKIES
What are cookies?
Cookies are small text files, which are stored on your computer or on your mobile device through your browser. By browsing, they record their preferences and allow the website to identify your device the next time you access it.
At any time, you can decide to be notified about the receipt of cookies, check, or change the type of cookies, and block the entry of cookies in your system, through the settings of your browser.
Why are they used?
Cookies are an essential part of the functioning of our website and to facilitate your navigation on the Platform, with their main objective being to improve the user's search experience. For example, they are used to help determine the usefulness, interest, and number of uses of the website, allow faster and more efficient navigation, and eliminate too the need to repeatedly enter the same information.
The information collected by Cookies also allows us to improve the website through estimates and usage patterns and allow its suitability to the individual interests of users.
As described below, the website uses technical or strictly necessary cookies, performance cookies, functionality cookies and advertising cookies. Each of these cookies can be installed by Global Market Solutions GMBH websites (own cookies) or by websites external to Global Market Solutions GMBH (third party cookies) and can be removed as soon as the user leaves the website (session cookies) or remain in the terminal equipment after the user leave the website (persistent cookies).
The cookies currently used by the website are as follows:
Technical or strictly necessary cookies
Technical or strictly necessary cookies are cookies installed to allow navigation on the website, allowing a correct user experience, namely website security or consent management. For this reason, these cookies do not require your consent.
