Status: January 2024

Data protection information for processing personal data related to terranets bw GmbH´s online instructions briefing for external companies

Protecting your personal data is very important for us. We are therefore informing you below on how we process your personal data within the scope of terranets bw GmbH´s online instructions for external companies.

1. Who is responsible for processing data?

The responsible body in the sense of data protection law is:

terranets bw GmbH
Am Wallgraben 135
70565 Stuttgart

Telephone: 0711/7812-0
Telefax: 0711/7812-1296
Email: info[at]terranets-bw.de

You can reach our corporate Data Protection Officer Mr. Alexander Menges using the following contact details:

Telephone: 0711/7812-1312
Email: datenschutz[at]terranets-bw.de

2. Which data of yours is processed and for what purpose? What is the source of this data?

We process the personal data you have provided to us as part of our business contact relationship or as part of organising or implementing the online instructions briefing in order to act on behalf of terranets bw GmbH. 

If your personal data was not collected directly from you, your data was forwarded to us by a third party (e.g. colleagues in the organisation you are employed by who are responsible for assigning you to the instructions briefing for external companies).

This routinely includes the following (personal) data: 

• Form of address, when necessary, title,
• surname and first name,
• date of birth (for identification purposes),
• photograph (webcam portrait),
• business organisation data (name of company or authority, department, office) as well as, if applicable,
• the (business) address and
• (business) contact data (e.g. email, telephone, mobile telephone).

We require this data for organising and implementing the online instructions briefing and for issuing a personalised certificate. This certificate is granted on (successful) completion of the online instructions for employees of external companies, based on which such employees may work for terranets bw GmbH.

The online instructions serve to ensure occupational health and safety, to inform employees of external companies that are working on our premsies of general company-specific rules and hazards in accordance with DGUV Regulation 1 "Principles of Prevention" Section 5 para. 3 and to support those responsible at the external company or its subcontractors when preparing the risk assessment for working on our premises.

The purpose of storing data is therefore as follows:

• for documenting participation in our online instructions briefing.

• for fulfilling statutory health and safety obligations regarding external companies and for verifying accordingly by issuing certificates.

• if necessary, for having a possibility to provide the responsible (supervisory) authorities with documentation.

If you take part in the online instructions briefing, we process your personal data for sending the invitation to the software training course and for issuing the certificate as a means of verifying successful completion of the instructions briefing.

We temporarily store your personal data on our web server to save your test. A participant list is not kept and the certificate remains with the instructed person of the external company.

After the online instruction course and after the certificate has been issued, we only process your personal data for documenting the presentation of the certificate at the company site of terranets bw GmbH.

3. What is the legal basis for the processing?  

The online instructions are provided on the basis of contractual relationships, the content of which, in addition to the main performance obligations, results from participating in the instructions briefing. The legal basis for the data processing is therefore Art. 6 para. 1 lit. b) GDPR.

The verification of successful briefing (certificate) is valid in accordance with the following list:

1. The verification always applies per person and is recorded by name.
2. The employee of the external company completes the online instructions course before commencing work at the terranets bw GmbH site.
3. Subsequently, the employee answers questions via an online test (Online Instructions – Knowledge Test on the Instructions for External Companies.)
4. The certificate is provided to the respective employee of the external company for download as verification.
5. The certificate is presented before each activity on the terranets bw GmbH site.
6. The certificate is verified (checked) by a terranets bw GmbH employee at the respective company site and its presentation is documented.

The certificate is valid for one year from the issue date and must be carried at all times. Its validity ends at the end of the year. Subsequently, the instructions briefing must be conducted once again if and when the activity is continued.

4. How long is your data stored?

After temporarily storing the knowledge test on the web server and after issuing the certificate and its subsequent download by the respective participant, we delete your personal data from the online instructions briefing.

We store the personal data resulting from documenting the presentation of the certificate at our company sites for three years after the end of the year in which verification occurred. Insofar as your data is processed to clarify an open issue, your data is stored until the facts of the case have been conclusively clarified with the conclusion of any legal claims by terranets bw GmbH. 

In the event that additional statutory retention periods exist, e.g. under commercial or tax law, we will store your personal data for the duration of this retention obligation. On expiry of these retention periods, we will check if a further necessity for processing exists. 

On expiry of these periods, the personal data will be deleted or destroyed in a manner that complies with data protection regulations. 

5. In the case that we collect your data directly from you, we inform you of the following: Are you obliged to provide your data or is such provision necessary to participate in the online intructions briefing?

Provision of your personal data is contractually required (please see "Safety Requirements for External Companies". This is routinely part of the agreed contract documents and includes the keeping of a visitors´ book at the company sites of terranets bw GmbH as well as an attendance list on construction sites). Your data is additionally required for your participation and the implementation of the online instructions briefing. It is also needed for issuing a certificate so that you may commence work at company sites and on constructions sites of terranets bw GmbH.

6. Passing on data 

At our company, only those persons have access to your data who need your data within the scope of the tasks assigned to them.

In individual cases, it might happen that, depending on specific requirements, we pass on your personal data to external places. These external places are, where required, external service providers that support us in implementing the online instructions briefing. Insofar as we pass on your data to external places, we conclude with these places contractual provisions as a matter of principle to protect your personal data unless your personal data is safeguarded in another way, e.g. by already existing legal regulations.

7. Rights of the data subject

In Bezug auf die Verarbeitung Ihrer personenbezogenen Daten stehen Ihnen folgende Rechte als von der Datenverarbeitung Betroffenem zu. Unter den Voraussetzungen von 

• Art. 15 GDPR you have the right to obtain information on the personal data processed about your person. Please note the restrictions set out in Section 34 of the BDSG (Federal Data Protection Act).
• Art. 16 GDPR you have the right to rectification of inaccurate data
• Art. 17 GDPR you have the right to erasure of personal data. Please note the restrictions set out in Section 35 BDSG (Federal Data Protection Act).
• Art. 18 GDPR you have the right to restriction of processing
• Art. 20 GDPR you have the right to data portability

Insofar as the legal basis for processing your data is consent, you can withdraw your given consent in accordance with Art. 7 para. 3 GDPR at any time.

Right to object according to Art. 21 GDPR

Insofar as we process your data on the basis of legitimate interest (Art. 6 para. 1 s. 1 lit. f) GDPR) and if grounds against this processing arise relating to your particular situation, you have the right pursuant to Art. 21 para. 1 GDPR to object to this processing. In the event of an objection, we shall no longer process your data for these purposes unless we are able to give evidence of compelling legitimate grounds for the processing that prevail over your interests, rights and liberties or the processing serves to assert, exercise or defend legal claims. You have the right to object – without restrictions – to any kind of processing for direct marketing purposes in accordance with Art. 21 para. 2 GDPR.

Right of withdrawal according to Art. 7 para. 3 GDPR

Insofar as we process your data on the basis of your consent, you may withdraw this consent at any time. By withdrawing your consent, the lawfulness of the processing that was carried out on the basis of your consent up to the point of withdrawal shall not be affected..

nsofar as you have the opinion that the processing of your personal data violates applicable law, you may lodge a complaint with a data protection authority according to Art. 77 GDPR at any time.