Data protection declaration for tenders

**Data Protection Declaration of the Leibniz Institute for Resilience Research (LIR) gGmbH according to the legal requirements of Articles 12, 13, and 14 GDPR**

(Version 6, 18th January 2021)

We, the Leibniz Institute for Resilience Research (LIR) gGmbH, will inform you below in accordance with Article 13 of the EU General Data Protection Regulation (GDPR), or in accordance with Article 14 GDPR if the data acquisition is not direct.

We are pleased to fulfil this obligation and inform you in detail and transparently about which personal data is or will be processed by us.

The purpose of the following explanations is to describe what kind of data we process, for which purpose and what your rights are (in accordance with Articles 15 to 22 and Article 34 GDPR).

Controller

Responsible person according to GDPR and the respective national data protection laws of the European member states as well as other national regulations, which concern data protection, is:

Leibniz Institute for Resilience Research (LIR) gGmbH
Wallstraße 7
55122 Mainz

Phone: +49 (0)6131 89448-02

E-mail: thorsten.mundi@lir-mainz.de

Contact details of the Data Protection Officer:

E-mail: datenschutzbeauftragte@lir-mainz.de

Phone: +49 (0) 7249 20 899 12

Data that we process from you in the context of tenders

We will process personal contact details and names of bidders, insofar as they are natural persons or partnerships, and contact details of contact persons of the bidders (e.g., first and last name, address, e-mail address, telephone number); If applicable, we might process data on the qualification/suitability of the employed employees of the bidder and references to comparable services performed in the past.

Your data will be documented as part of the tender procedure and enclosed with the tender documents.

Legal basis according to which we process your data

In the following we will inform you about the legal basis on which we process your data.

· § 4 LDSG and Article 6 (1) lit. b, c, and e GDPR.

The contracting authority must comply with the public procurement law when awarding contracts. These include in particular the “Gesetz gegen Wettbewerbsbeschränkungen” (GWB), the “Verordnung über die Vergabe öffentlicher Aufträge” (VgV), the “Vergabe- und Vertragsordnung für Leistungen (VOL/A), the “Unterschwellenvergabeordnung” (UVgO), and the “Landeshaushaltsordnung” (LHO).

The processing of personal data serves to carry out the tender procedure and is carried out on the basis of § 4 LDSG and Article 6 (1) lit. b, c, and e GDPR.

Without the data and the necessary information, no bid can be awarded, since the offers submitted are incomplete and must therefore be excluded.

Legal or contractual obligation to provide personal data (Art. 13 Para. 2 e) GDPR:

The provision of personal data is regularly necessary for the initiation, conclusion, processing, and reversal of a contract. If you do not provide the required personal data, we are unable to initiate or fulfil a contract with you.

Other recipients of your data

Your personal data (usually contact details and addresses) will be passed on within the framework of the tender procedure within the Leibniz Institute for Resilience Research (LIR) to: members of the management and the selection committee as well as employees of the finance department.

All personal data processed within the framework of legal obligations will only be passed on if the transmission is permitted by law or if you have consented to the transmission.

Disclosure based on a legal obligation:

If there is a legal or official obligation, we pass on your data to public bodies or institutions (authorities, for example in the context of law enforcement).

Inferior bidders:

Unsuccessful bidders who submit an application in accordance with § 62 (2) VgV or who are to be informed in accordance with § 19 (1) VOUA (§ 46 (1) UVgO) about the characteristics and advantages of the successful offer and the name of the successful bidder.

Information on our website:

In the case of restricted tenders without participation competition and direct awards (negotiation awards without participation competition) from an order value of 25,000 Euros, we will inform about every order placed on our website for a period of three months. At least this information also contains the name of the contracted company.

Other positions, provided you have given us your consent:

If there is explicit consent, we will also pass on your data to other locations. However, this takes place within the limits if you have demonstrable consent.

Duration of data storage

In the context of tenders:

The national retention periods for contract documents apply to the processing and storage of personal data.

Dedicated storage period:

We process the data as long as this is necessary for the respective purpose. If necessary, we process your personal data for the duration of our business relationship, which also includes the initiation and resolution of a contract.

Storage due to legal regulations:

In addition, we are subject to various storage and documentation obligations, which result, among other things, from the German “Handelsgesetzbuch” or tax law. Insofar as there are statutory retention requirements, the relevant personal data will be stored for the duration of the retention obligation. The storage period is also based on the statutory limitation periods, which, for example, in accordance with §§ 195 et seq. of the German “Bürgerliches Gesetzbuch” (BGB) can generally be three years, but in some cases up to thirty years.

After the retention period has expired, it is checked whether there is a further need for processing. If there is no longer a need, the data will be deleted.

Storage until revocation of your consent:

If the data processing is based on consent, we will process your data until you revoke your consent or there is no further need for the processing.

Transfer of your data to a third country

We generally process your personal data in data centers in Germany or the European Union.

A transfer to a third country is only possible if you have given us your consent or if we have a contract for order processing in accordance with. Art. 28 GDPR taking into account the EU standard contractual clauses or other suitable guarantees.

Rights of the data subject

As far as one’s personal data are processed, one is according to the GDPR a so-called data subject. If you are the data subject, you have the following rights listed below. The right to negative information is added if we have not saved anything about you.

Information to be provided were personal data is collected

In addition to providing information on whether any data has been stored about you, you have a general right to information. When we are processing your personal data, you can request the following information:

According to the legal wording according to Article 15 GDPR we will inform you upon request about:

the purposes for which the personal data is processed
the categories of personal data that are processed
the recipients or the categories of recipients to whom the personal data relating to you have been disclosed or are still being disclosed
the planned duration of the storage of your personal data
if specific information is not possible, criteria for determining the duration of storage;

Furthermore, we provide you with information about your rights. These are detailed below. You have a right to rectification (Article 16 GDPR) or a right to erasure (Article 17 GDPR) of your personal data. In addition, you have the right to restriction of processing by the controller (Article 18 GDPR) or a right to object to such processing (Article 21 of the GDPR). You have also the right to complain to a supervisory authority (Article 77 DS-GVO).

We also inform you about all available information on the origin of the data, if the personal data are not directly collected from the data subject (Article 14 GDPR).

We will generally not use profiling and will not use your data for automated decision-making in accordance with Article 22 (1) and (4) GDPR.

You also have the right to know whether your personal information is being transferred to a third country or to an international organization. If this is the case, we will inform you about the appropriate guarantees according to Article 46 GDPR regarding the third-country transfer.

Right to rectification

The right to rectification (Article 16 GDPR) and the new right to completion of data are guaranteed if personal data about you is incorrect or incomplete. The correction will be made immediately, which means without any undue delay by us.

Right to restriction of processing

You have the right to restrict the processing of your personal data (Article 18 GDPR). In this case, your data will only be saved and no longer used. According to the law you can assert this right if:

you deny the accuracy of your personal information for a period of time that enables the controller to verify the accuracy of your personal information;
the processing is unlawful and you refuse to delete the personal data and instead request the restriction of the use of personal data;
if the controller no longer needs personal data for the purposes of processing, but you need them for asserting, exercising or defending legal claims, or if you have lodged an objection to the processing according to Article 21 (1) GDPR and one has to check whether there are other legitimate reasons data processing.

If the processing of your personal data has been restricted, these data may only be used with your consent or to assert, exercise or defend legal claims or to protect the rights of another natural or legal person or for reasons of major public interest by the Union or a Member State.

As soon as we would like to continue to process the data again, i.e. the restriction of the processing would be cancelled, you will be informed.

Right to erasure

You have the right to request the erasure of your data (Article 17 GDPR) if one of the following cases applies.

We will delete your personal data without undue delay,

if your personal data are no longer necessary for the purposes for which they were collected or otherwise processed
if you revoke your consent to the processing in accordance with Article 6 (1) a or Article 9 (2) a GDPR and there is no other legal basis for processing
if you according to Article 21 (1) GDPR object to the processing and no other justifiable reasons for the processing exist, or you according to Article 21 (2) GDPR object to the processing
if your personal data have been processed unlawfully
if the erasure of your personal data is necessary to fulfil a legal obligation under Union or national law to which the controller is subject to
if the personal data relating to you have been collected in relation to information society services offered pursuant to Article 8 (1) GDPR

Right to be forgotten

If the controller has made the personal data relating to you public and is in accordance with Article 17 (1) GDPR required to erase them, the controller will, by taking the currently available technology into account as well as the implementation costs, inform all instances that are processing the data about your request to delete any links to such personal data as well as copies and replications.

Exceptions to the right of erasure

The right to delete may be restricted. This is the case if the data is required for the following purposes:

to exercise the right to freedom of expression and information;
to fulfil a legal obligation required by the law of the Union or of the Member States to which the controller is subject to, or to carry out a task which is in the public interest or in the exercise of public authority delegated to the controller;
for reasons of public interest in the field of public health according to Article 9 (2) h and i as well as Article 9 (3) GDPR;
for archival purposes of public interest, scientific or historical research purposes or for statistical purposes according to Article 89 (1) GDPR;
to assert, exercise or defend legal claims;

Right to notification obligation

If you, as the data subject, exercise the right to rectify, delete or restrict data processing, we as controllers are required to notify each recipient to whom the relevant personal data have been disclosed of the correction or deletion of the data or restriction of processing by the data subject (Article 19 GDPR). However, this does not apply if this proves impossible or involves a disproportionate effort. You have the right to be informed about these recipients.

Right to data portability

You, as the data subject, have the right to request the personal data that you have given to a controller in a structured, standard and machine-readable format (Article 20 GDPR).

Added to this is the right to send this data to a third party of your choice. The controller will not prevent you from transferring the data to the new person responsible, provided that the processing is based on a consent in accordance with Article 6 (1) a GDPR or Article 9 (2) a GDPR or on a contract according to Article 6 (1) b GDPR the processing is done using automated procedures.

As far as this is technically feasible and the liberties and rights of other persons are not affected by this, you also have the right that your personal data will be transferred directly from the original person responsible to the new person in charge.

However, the right to data portability does not apply in all cases. An example would be if the processing of your personal data is necessary for the performance of a task in the public interest or in the exercise of public authority delegated to the controller.

Right to object

In several situations, you are entitled to a right of objection (Article 21 GDPR) against data processing. You are therefore informed that you have the right to object the processing of your personal data at any time, which was based on Article 6 (1) a and e GDPR or Article 9 (2) a and file your opposition with the controller. In this case, your personal data will no longer be processed, unless the person responsible can prove that there are compelling legitimate reasons that outweigh your interests as a data subject and your rights and freedoms. Likewise, processing may continue if it serves to assert, exercise or defend legal claims.

If the processing of your personal data serves direct marketing purposes you continue to have the right to object at any time to this processing for such advertising.

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

You may object to the processing of personal data relating to you for scientific or historical research purposes or for statistical purposes under Article 89 (1) GDPR, unless such processing is necessary to fulfil a task of public interest.

Right to withdraw the data protection consent declaration

You have the right to withdraw your consent at any time without giving reasons. The revocation is valid only for the future. This means that by revoking the declaration of consent, the previous processing, until receipt of the revocation of the consent, is not unlawful.

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

You have the right not to be subjected to a decision-making process based solely on automated processing in so far as it has a legal effect or similarly affects you in a substantial way (Article 22 GDPR). This also applies to so-called "profiling".

We generally will not use personal information for profiling or automated decision making.

Right to lodge a complaint with a supervisory authority

You have the right to lodge a complaint with a supervisory authority (Article 77 GDPR). The supervisory authority responsible for you is that of your place of residence. In addition, you are free to assert any other remedies from administrative or civil courts.

The supervisory authority with which you filed your complaint will be pleased to inform you of the current status of the results and to provide you with any legal remedies.

Contact:

Prof. Dr Dieter Kugelmann; Hintere Bleiche 34, 55116 Mainz; phone: +49 (0)6131 208 24 49;

e-mail: poststelle@datenschutz.rlp.de

Changes to the data protection declaration

Online: We reserve the right to update our Data Protection Declaration as required and publish it here. The updated statement will become effective upon publication, subject to applicable legislation. If we have already collected data about you that are affected by the change and/or are subject to a statutory information obligation, we will also inform you about significant changes to this data protection declaration.