Privacy Notice for Business Contacts, Business Partners and Customers as PDF.

Introduction 

This document serves to inform you as a business contact, business partner or customer of the Messer SE & Co. KGaA about the processing of your personal data.

Personal Data

Personal Data means any information that can be related to you as a natural person. This also includes information that can only be related to you indirectly, in particular by reference to an identifier such as a name, an identification Number, location data or an online identifier. A natural person is also considered to be identifiable if it can be identified on the basis of one or more factors specific to the physical, physiological, genetic, psychological, economic, and cultural or social identity of that natural person. 

1. Scope of Application; Responsible entity for your data
   The Messer SE & Co. KGaA is responsible for the processing of your business contact information and contract-related data within the frame of the business relationship with your employer/your company.
    
2. Contact details of the controller and the data protection officer

a) Contact details of the controller

Messer SE & Co. KGaA 
Vertreten durch den Vorstand
Messer-Platz 1 
65812 Bad Soden 
Telefon: +49 6196 7760-0 
E-Mail: info@messergroup.com

b) Contact details of the data protection officer

The contact details of the data protection officer of Messer SE & Co. KGaA is:
Messer-Platz 1
Data Protection Officer
65812 Bad Soden
Phone: +49 6196 7760-139
E-Mail: datenschutz.mg@messergroup.com

3. Which Data is Messer SE & Co. KGaA processing?

In the normal course of business relationship and the contractual business, Messer SE & Co. KGaA will process the following types of personal information:

a) Business contact information

• Name and surname, business telephone number, business e-mail address, business postal address;
• Further information on your position in your company and activities with respect to Messer SE & Co. KGaA;
• If necessary, Personal CRM information, such as information concerning your gender and date of birth;
  Information needed for compliance and risk management, including quality assessments of the products and services of your employer / your company; 
• Photographs of customers, business partners and visitors to our events.

This data is hereinafter referred to as “business contact data”.

b) Contract-related Data

• Name, surname, date of birth, place of birth, address, telephone number, fax number, email address of business partners, customers and suppliers;
• Personal data of natural persons in relation to orders of gases and other items or products;
• Personal data as bank details, tax number, booking number, and other relevant data on invoices or accounting

This data is hereinafter referred to as “contract-related data”.

c) Video Data

• Video Data of customers, visitors and other third parties resulting from video surveillance.

4. What does Messer SE & Co. KGaA do with the Data?
   In the normal course of customer relationship and the contractual business, Messer SE & Co. KGaA will conduct the following processing activities (purpose):

• Business contact data and contract-related data is processed in order to conclude, execute, fulfill and terminate B2C and B2B agreements with you as our business partner or with the entity you represent. This includes the contract processing in order to provide or supply gases, other items or products, including a working customer management.
• Business contact data is stored in Messer SE & Co. KGaA’s CRM system and processed to establish and maintain a business relationship with you and your company;
• Business contact data and contract-related data may be processed for the purposes of internal reporting;
• Business contact data and contract-related data is processed within the frame of supplier management;
• Business contact data and contract-related data is processed for the purpose of compliance and risk management, including quality assessments of the products and services of your company;
• Business contact data in the form of photographs, such as of customers, business partners and visitors to our events, are prepared and published on our website, in social networks, in various company publications for presentation, information and marketing purposes.
• Business contact data is processed for sending newsletter;
• Video data is processed for the purpose of exercising householder's rights, avoiding criminal offences and preserving evidence in the case of criminal offences.

5. General Information 

a) Your Rights
On request, you have the right to obtain information on your stored personal data (Art. 15 GDPR).

Additionally, you have the right to obtain the rectification of inaccurate personal data (Art. 16 GDPR), the right to obtain a restriction of excessively processing of personal data (Art. 18 GDPR) as well as the right to obtain the erasure (Art. 17 GDPR) of unlawfully processed personal data or data which is stored too long (as far as there are no legal obligations and no other reasons according to Art. 17 para. 3 GDPR to store the data). Furthermore, you have the right to receive your personal data (Art. 20 GDPR), which you have provided to Messer SE & Co. KGaA in case you have provided your data to Messer SE & Co. KGaA within your consent or to fulfill a contract. The data will be given to you (or a third party you name), in a structured, commonly used and machine-readable format (right to data portability).

We also refer to your right to object the data processing (right of objection, Art. 21 GDPR) in the section below b) (Processing of Business Contact Data and Processing of Video Data).

Furthermore, we draw your attention to your right at any time with effect for the future to revoke your consent to the publication of photographs as well as to receive newsletter in section (b) below (Processing of Business Contact Data).

In order to exercise your rights, you can write an e-mail to datenschutz.mg@messergroup.com.

You also have the right to complain to a data protection supervisory authority about processing of your personal data by us (Art. 77 GDPR).

b) General Information about the legal Basis of all listed Processes

• Processing of Business Contact Data
  The processing of your business contact data by Messer SE & Co. KGaA is based on Art. 6 para. 1 lit. (f) GDPR. According to Art. 6 para 1 lit. (f) GDPR the processing of personal data is lawful if the processing is necessary for the purpose of the legitimate interests pursued by Messer SE & Co. KGaA, except where such interests are overridden by your interests or fundamental rights and freedoms which require protection of personal data. Messer SE & Co. KGaA's legitimate interest consists in the use and maintenance of the contact details of contractual partners or potential future partners.
  
  You can object to this data processing for marketing purposes at any time without giving any reason.
  
  Furthermore, you can generally object to this data processing if there are reasons which exist in your particular situation and which speak against the data processing. In order to do so you can write an e-mail to the data protection officer.
   
• Processing of Contract-related Data
  The processing of contract-related data by Messer SE & Co. KGaA is based on Art. 6 para. 1 lit. (b) GDPR. According to Art. 6 para. 1 lit. (b) GDPR the processing of personal data is lawful if the processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract. Messer SE & Co. KGaA processes contract related data to execute a contract with their customers to supply and provide gases, other items or products, including related customers and service performances.

 

c) General Information about IBM Deutschland GmbH as a recipient of data

The IT-systems with which your data is processed are hosted by the IBM Deutschland GmbH (“IBM”). In this context, IBM does only carry out data processing activities on behalf and according to the instructions of Messer SE & Co. KGaA.

d) General Information about Storage Period 

Data of business contacts and contract-related data is generally only deleted if you object to the further processing.

All personal data of business contacts, business partners and customers that was processed within the frame of the conclusion and the execution of an agreement is stored according to the applicable national storage regulations (especially tax- and commercial law) for a period of up to 10 years.

e) Information according to Art. 13 para. 2 lit. e GDPR: The business contact data and contract-related data is necessary to enter into and execute a contract/a business relationship. You are not obliged to provide your personal data. There are no consequences, if you fail to provide your personal data. However, using your personal data as the contact person of your company facilitates the business relationship between Messer SE & Co. KGaA and your company respectively your employer.