We are very pleased about your interest in our company. Data protection is of a particularly high priority for the management of maconda GmbH & Co. KG. The use of the Internet pages of the maconda GmbH & Co. KG is possible without any indication of personal data. However, if a data subject wants to use the special services of our enterprise via our website, processing of personal data could become necessary. If processing of personal data is necessary and there is no legal basis for such processing, we will generally obtain the consent of the data subject.
The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the country-specific data protection regulations applicable to the maconda GmbH & Co. KG. By means of this data protection declaration, our enterprise would like to inform the public about the type, scope and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed of their rights by means of this data protection declaration.
As the controller, maconda GmbH & Co. KG has implemented numerous technical and organisational measures to ensure the most complete protection of personal data processed through this website. Nevertheless, Internet-based data transmissions can always be subject to security vulnerabilities, so that absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us by alternative means, for example by telephone.
1. Definitions
The data protection declaration of maconda GmbH & Co. KG is based on the terms used by the European Directive and Ordinance Maker for the adoption of the Data Protection Ordinance (DS- GVO). Our data protection declaration should be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to explain the terms used in advance.
We use the following terms, among others, in this privacy policy:
Personal data
Personal data means any information relating to an identified or identifiable natural person (hereinafter ” person concerned “). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
Person concerned
Person concerned (data subject) shall mean any identified or identifiable natural person whose personal data are processed by the controller.
Processing
Processing is any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organisation, filing, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of limiting their future processing.
Profiling
Profiling is any type of automated processing of personal data that consists of using that personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or change of location.
Pseudonymisation
Pseudonymisation is the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that this additional information is kept separate and is subject to technical and organisational measures which ensure that the personal data cannot be attributed to an identified or identifiable natural person.
Controller or person responsible for the processing
The controller or person responsible for processing is the natural or legal person, public authority, agency or other body which alone or jointly with others determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its designation may be provided for under Union or Member State law.
Processor
Processor means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
Receiver
A recipient is a natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not a third party. However, public authorities that may receive personal data in the context of a specific investigative task under Union or Member State law shall not be considered as recipients.
Third
Third party means a natural or legal person, public authority, agency or other body other than the data subject, the controller, the processor and the persons authorised to process the personal data under the direct responsibility of the controller or the processor.
Consent
Consent shall mean any freely given specific and informed indication of the data subject’s wishes in the form of a statement or other unambiguous affirmative act by which the data subject signifies his or her agreement to the processing of personal data relating to him or her.
2. The name and address of the controller
The responsible party within the meaning of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union and other provisions of a data protection nature is:
maconda GmbH & Co. KG
Friesenstr. 72-74
50670 Cologne
Germany
Tel.: +49 221 56964-0
E-mail: info@maconda.de
Website: www.maconda.de
3. Name and address of the data protection officer
The data protection officer of the controller is:
maconda GmbH & Co. KG
Friesenstr. 72-74
50670 Cologne
Germany
Tel.: +49 221 56964-0
E-Mail: privacypolicy@maconda.de
Website: www.maconda.de
Any data subject may contact our data protection officer directly at any time with any questions or suggestions regarding data protection.
4. Cookies
The internet pages of maconda GmbH & Co. KG use cookies. Cookies are text files that are stored on a computer system via an Internet browser.
Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a string of characters by which internet pages and servers can be assigned to the specific internet browser in which the cookie was stored. This enables the visited Internet pages and servers to distinguish the individual browser of the data subject from other Internet browsers that contain other cookies. A specific internet browser can be recognised and identified via the unique cookie ID.
Through the use of cookies, the maconda GmbH & Co. KG can provide the users of this website with more user-friendly services that would not be possible without the cookie setting.
By means of a cookie, the information and offers on our website can be optimised in the sense of the user. As already mentioned, cookies enable us to recognise the users of our website. The purpose of this recognition is to make it easier for users to use our website. For example, the user of a website that uses cookies does not have to re-enter his or her access data each time he or she visits the website, because this is done by the website and the cookie stored on the user’s computer system. Another example is the cookie of a shopping basket in an online shop. The online shop remembers the items that a customer has placed in the virtual shopping basket via a cookie.
The data subject can prevent the setting of cookies by our website at any time by means of an appropriate setting of the Internet browser used and thus permanently object to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via an internet browser or other software programmes. This is possible in all common internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be fully usable.
5. Collection of general data and information
The website of the maconda GmbH & Co. KG collects a series of general data and information every time a data subject or automated system calls up the website. This general data and information are stored in the logfiles of the server. The following data may be collected: (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system accesses our website (so-called referrer), (4) the sub-websites which are accessed via an accessing system on our website, (5) the date and time of access to the website, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system and (8) other similar data and information that serve to avert danger in the event of attacks on our information technology systems.
When using these general data and information, the maconda GmbH & Co. KG does not draw any conclusions about the data subject. Rather, this information is needed (1) to deliver the contents of our website correctly, (2) to optimise the contents of our website and the advertising for these, (3) to ensure the long-term operability of our information technology systems and the technology of our website, and (4) to provide law enforcement authorities with the information necessary for prosecution in the event of a cyber attack. Therefore, the maconda GmbH & Co. KG analyzes anonymously collected data and information on one hand for statistical purposes and on the other hand for the purpose of increasing the data protection and data security of our enterprise, and ultimately ensuring an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from any personal data provided by a data subject.
6. Registration on our website
The data subject has the possibility to register on the website of the controller by providing personal data. The personal data that is transmitted to the data controller in this context results from the respective input mask used for the registration. The personal data entered by the data subject are collected and stored exclusively for internal use by the controller and for its own purposes. The controller may arrange for the data to be transferred to one or more processors, for example a parcel service provider, who will also use the personal data exclusively for an internal use attributable to the controller.
By registering on the website of the controller, the IP address assigned by the Internet service provider (ISP) of the data subject, the date and the time of registration are also stored. The storage of this data takes place against the background that only in this way can the misuse of our services be prevented and, if necessary, this data makes it possible to clarify criminal offences that have been committed. In this respect, the storage of this data is necessary for the protection of the data controller. As a matter of principle, this data is not passed on to third parties unless there is a legal obligation to do so or the data is passed on for the purpose of criminal prosecution.
The registration of the data subject by voluntarily providing personal data serves the purpose of the controller to offer the data subject content or services which, by their nature, can only be offered to registered users. Registered persons are free to modify the personal data provided during registration at any time or to have it completely deleted from the controller’s database.
The controller shall provide any data subject at any time, upon request, with information on which personal data relating to the data subject are stored. Furthermore, the controller shall correct or delete personal data at the request or indication of the data subject, provided that this does not conflict with any legal retention requirements. The entire staff of the controller shall be available to the data subject as contact persons in this context.
7. Subscription to our newsletter
On the website of the maconda GmbH & Co. KG, users are given the opportunity to subscribe to our enterprise’s newsletter. The personal data transmitted to the controller when the newsletter is ordered is specified in the input mask used for this purpose.
The maconda GmbH & Co. KG informs its customers and business partners at regular intervals by means of a newsletter about enterprise offers. The newsletter of our enterprise can basically only be received by the data subject if (1) the data subject has a valid e-mail address and (2) the data subject registers for the newsletter mailing. For legal reasons, a confirmation e-mail is sent to the e-mail address registered by a data subject for the first time for newsletter dispatch using the double opt-in procedure. This confirmation email serves to check whether the owner of the email address as the data subject has authorised the receipt of the newsletter.
When registering for the newsletter, we also store the IP address of the computer system used by the data subject at the time of registration as well as the date and time of registration, which is assigned by the Internet service provider (ISP). The collection of this data is necessary in order to be able to trace the (possible) misuse of the e-mail address of a data subject at a later point in time and therefore serves as a legal safeguard for the controller.
The personal data collected in the context of a registration for the newsletter is used exclusively for sending our newsletter. Furthermore, subscribers to the newsletter could be informed by e-mail if this is necessary for the operation of the newsletter service or a related registration, as could be the case in the event of changes to the newsletter offer or changes in the technical circumstances. No personal data collected as part of the newsletter service will be passed on to third parties. The subscription to our newsletter can be cancelled by the data subject at any time. The consent to the storage of personal data, which the data subject has given us for the newsletter dispatch, can be revoked at any time. For the purpose of revoking consent, a corresponding link can be found in each newsletter. Furthermore, it is also possible to unsubscribe from the newsletter at any time directly on the website of the controller or to inform the controller of this in another way.
8. Newsletter tracking
The maconda GmbH & Co. KG newsletter contains so-called tracking pixels. A tracking pixel is a miniature graphic that is embedded in e-mails that are sent in HTML format to enable log file recording and log file analysis. By means of the embedded tracking pixel, maconda GmbH & Co. KG can see whether and when an e-mail has been opened by a data subject and which links contained in the e-mail have been called up by the data subject.
Such personal data collected via the tracking pixels contained in the newsletters are stored and analysed by the controller in order to optimise the sending of newsletters and to better adapt the content of future newsletters to the interests of the data subject. This personal data will not be disclosed to third parties. Data subjects are entitled at any time to revoke the separate declaration of consent given in this regard via the double opt-in procedure. After a revocation, this personal data will be deleted by the controller. Unsubscribing from the receipt of the newsletter is automatically considered a revocation by maconda GmbH & Co. KG.
9. How to contact us via the website
The website of the maconda GmbH & Co. KG contains legal requirements which enable a quick electronic contact to our enterprise, as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the controller by e-mail or by using a contact form, the personal data transmitted by the data subject will be stored automatically. Such personal data transmitted on a voluntary basis by a data subject to the controller will be stored for the purposes of processing or contacting the data subject. This personal data will not be disclosed to third parties.
10. Subscription to comments on the blog on the website
The comments made in the maconda GmbH & Co. KG blog can generally be subscribed to by third parties. In particular, it is possible for a commentator to subscribe to the comments following his or her comment on a particular blog post.
If a data subject chooses the option to subscribe to comments, the controller will send an automatic confirmation e-mail to verify, by means of the double opt-in procedure, that the owner of the e-mail address provided has indeed chosen this option. The option to subscribe to comments can be terminated at any time.
11. Routine deletion and blocking of personal data
The controller shall process and store personal data of the data subject only for the time necessary to achieve the purpose of storage or where provided for by the European Directive and Regulation or other legislator in laws or regulations to which the controller is subject.
If the purpose of storage no longer applies or if a storage period prescribed by the European Directive and Regulation or another competent legislator expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.
12. Rights of the data subject right to confirmation
- Any data subject shall have the right to exercise the rights granted by the European:
The data subject shall have the right to obtain confirmation from the controller as to whether personal data concerning him or her are being processed. If a data subject wishes to exercise this right of confirmation, he or she may, at any time, contact any employee of the controller. - Right of information
Any person concerned by the processing of personal data has the right, granted by the European Directive and Regulation, to obtain from the controller, at any time and free of charge, information about the personal data stored about him or her and a copy of that information. Furthermore, the European Directive and Regulation has granted the data subject access to the following information:- the processing purposes
- the categories of personal data that are processed
- the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular in the case of recipients in third countries or international organisations
- if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration
- the existence of a right to obtain the rectification or erasure of personal data concerning them or to obtain the restriction of processing by the controller or a right to object to such processing
- the existence of a right of appeal to a supervisory authority
- if the personal data are not collected from the data subject: All available information on the origin of the data
- the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and, at least in such cases, meaningful information about the logic involved and the consequences and intended effects of such processing for the data subject
Furthermore, the data subject has the right to be informed whether personal data have been transferred to a third country or to an international organisation. If this is the case, the data subject also has the right to obtain information on the appropriate safeguards in connection with the transfer.
If a data subject wishes to exercise this right of access, he or she may, at any time, contact any employee of the controller.
- Right of rectification
Any person concerned by the processing of personal data shall have the right granted by the European Directive and the Regulation to obtain the rectification without delay of inaccurate personal data relating to him or her. Furthermore, the data subject has the right to request the completion of incomplete personal data, including by means of a supplementary declaration, taking into account the purposes of the processing.
If a data subject wishes to exercise this right of rectification, he or she may, at any time, contact any employee of the controller.
- Right to erasure (right to be forgotten)
Any person concerned by the processing of personal data shall have the right, granted by the European Directive and the Regulation, to obtain from the controller the erasure without delay of personal data concerning him or her, where one of the following grounds applies and insofar as the processing is not necessary:- The personal data were collected or otherwise processed for purposes for which they are no longer necessary.
- The data subject revokes the consent on which the processing was based pursuant to Article 6(1)(a) of the GDPR or Article 9(2)(a) of the GDPR and there is no other legal basis for the processing.
- The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
- The personal data have been processed unlawfully.
- The deletion of the personal data is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.
- The personal data was collected in relation to information society services offered pursuant to Art. 8(1) DS-GVO.
If one of the aforementioned reasons applies, and a data subject wishes to arrange for the deletion of personal data stored by the maconda GmbH & Co. KG, he or she may, at any time, contact any employee of the controller. The employee of maconda GmbH & Co. KG will arrange for the deletion request to be complied with immediately.
If the personal data has been made public by maconda GmbH & Co. KG and our company as the responsible party is obliged to delete the personal data pursuant to Art. 17 Para. 1 DS-GVO, maconda GmbH & Co. KG shall implement reasonable measures, including technical measures, to compensate other data controllers for processing the published personal data, taking into account the available technology and the cost of implementation, in order to inform the data subject that he or she has requested from those other data controllers the erasure of all links to the personal data or to copies or replications of the personal data, unless the processing is necessary. The employee of the maconda GmbH & Co. KG will arrange the necessary in individual cases.
- Right to restrict processing
Any person concerned by the processing of personal data has the right, granted by the European Directive and the Regulation, to obtain from the controller the restriction of processing where one of the following conditions is met: The accuracy of the personal data is contested by the data subject for a period enabling the controller to verify the accuracy of the personal data. The processing is unlawful, the data subject objects to the erasure of the personal data and requests instead the restriction of the use of the personal data. The controller no longer needs the personal data for the purposes of the processing, but the data subject needs it for the assertion, exercise or defence of legal claims. The data subject has objected to the processing pursuant to Article 21(1) of the GDPR and it is not yet clear whether the legitimate grounds of the controller override those of the data subject. If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of personal data stored by the maconda GmbH & Co. KG, he or she may, at any time, contact any employee of the controller. The employee of the maconda GmbH & Co. KG will arrange the restriction of the processing. - Right to data portability
Any person concerned by the processing of personal data shall have the right, granted by the European Directive and the Regulation, to receive the personal data concerning him or her, which have been provided by the data subject to a controller, in a structured, commonly used and machine-readable format. The data subject shall also have the right to transmit such data to another controller without hindrance from the controller to whom the personal data have been provided, provided that the processing is based on consent pursuant to Article 6(1)(a) of the GDPR or Article 9(2)(a) of the GDPR or on a contract pursuant to Article 6(1)(b) of the GDPR and the processing is carried out by automated means, unless the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority, which has been transferred to the controller. Furthermore, when exercising the right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to obtain that the personal data be directly transferred from one controller to another controller, where technically feasible and provided that this does not adversely affect the rights and freedoms of other individuals. In order to assert the right to data portability, the data subject may at any time contact any employee of the maconda GmbH & Co. KG. - Right to object
Any person affected by the processing of personal data shall have the right granted by the European Directive and Regulation to object at any time, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her which is carried out on the basis of Article 6(1)(e) or (f) of the DS-GVO. This also applies to a profiling based on these provisions. The maconda GmbH & Co. KG shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the assertion, exercise or defence of legal claims. If the maconda GmbH & Co. KG processes personal data for the purpose of direct marketing, the data subject shall have the right to object at any time to processing of personal data processed for such marketing. This also applies to the profiling, insofar as it is related to such direct marketing. If the data subject objects to maconda GmbH & Co. KG to the processing for direct marketing purposes, maconda GmbH & Co. KG will no longer process the personal data for these purposes. In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her which is carried out by the maconda GmbH & Co. KG for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the Data Protection Regulation (DS-GVO), unless such processing is necessary for the performance of a task carried out in the public interest. In order to exercise the right to object, the data subject may directly contact any employee of the maconda GmbH & Co. KG or another employee. The data subject is also free to exercise his/her right to object in connection with the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures using technical specifications. - Automated decisions in individual cases including Profiling
Any person concerned by the processing of personal data shall have the right, granted by the European Directive and the Regulation, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her, provided that the decision (1) is not necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) is authorised by Union or Member State law to which the controller is subject and that such law lays down appropriate measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is based on the data subject’s explicit consent. - If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the data controller, or (2) it is made with the data subject’s explicit consent, maconda GmbH& Co. KG shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, which include at least the right to obtain the data subject’s involvement on the part of the controller, to express his or her point of view and to contest the decision.
- If the data subject wishes to exercise the rights concerning automated decisions, he or she may, at any time, contact any employee of the controller.
- Right to revoke consent under data protection law
Any person affected by the processing of personal data has the right granted by the European Directive and Regulation to withdraw consent to the processing of personal data at any time. - If the data subject wishes to exercise the right to withdraw consent, he or she may, at any time, contact any employee of the controller.
13. Data protection in applications and in the application procedure
The controller collects and processes the personal data of applicants for the purpose of managing the application procedure. The processing may also be carried out by electronic means. This is in particular the case when an applicant submits relevant application documents to the controller by electronic means, for example by e-mail or via a web form available on the website. If the controller concludes an employment contract with an applicant, the transmitted data will be stored for the purpose of processing the employment relationship in compliance with the statutory provisions. If the controller does not conclude an employment contract with the applicant, the application documents are automatically deleted two months after the notification of the rejection decision, provided that no other legitimate interests of the controller conflict with such deletion. Other legitimate interests in this sense include, for example, a need for evidence in proceedings under the General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz – AGG).
14. Privacy policy on the use and application of AddThis
The controller has integrated components of the company AddThis on this website. AddThis is a so-called bookmarking provider. The service enables a simplified bookmarking of Internet pages via buttons. By moving the mouse over the AddThis component or by clicking on it, a list of bookmarking and sharing services is displayed. AddThis is used on more than 15 million websites, and the buttons are displayed more than 20 billion times a year, according to the operating company.
The operating company of AddThis is Oracle Corporation, 10 Van de Graaff Drive, Burlington, MA 01803, USA.
Each time one of the individual pages of this website operated by the data controller is accessed and on which an AddThis component has been integrated, the internet browser on the information technology system of the data subject is automatically prompted by the respective AddThis component to download data from the website www.addthis.com. The data subject’s internet browser is then automatically informed by the AddThis component. As part of this technical procedure, AddThis receives knowledge about the visit and which specific individual page of this website is used by the information technology system used by the data subject. Furthermore, AddThis obtains knowledge of the IP address of the computer system used by the data subject assigned by the Internet service provider (ISP), the browser type, the browser language, the website accessed before our website, the date and the time of the visit to our website. AddThis uses this data to create anonymised user profiles. The data and information transmitted to AddThis in this way enable AddThis itself and the companies associated with AddThis or its partner companies to target the visitors to the Internet pages of the controller with personalised and interest-based advertising.
AddThis displays personalised and interest-based advertising on the basis of a cookie set by the company. This cookie analyses the individual surfing behaviour of the computer system used by the person concerned. The cookie stores the visits to Internet pages originating from the computer system.
The data subject can prevent the setting of cookies by our website, as already described above, at any time by means of an appropriate setting of the Internet browser used and thus permanently object to the setting of cookies. Such a setting of the Internet browser used would also prevent AddThis from setting a cookie on the information technology system of the data subject. In addition, cookies already set by AddThis can be deleted at any time via an internet browser or other software programmes.
The data subject also has the option to permanently object to the processing of personal data by AddThis. To do so, the data subject must press the opt-out button under the link http://www.addthis.com/privacy/opt-out, which sets an opt-out cookie. The opt-out cookie set with the objection is stored on the information technology system used by the data subject. If the cookies on the data subject’s system are deleted after an objection, the data subject must call up the link again and set a new opt-out cookie.
However, with the setting of the opt-out cookie, there is the possibility that the internet pages of the controller are no longer fully usable for the data subject.
The applicable privacy policy of AddThis can be found at http://www.addthis.com/privacy/privacy-policy.
15. Privacy policy on the use and application of Google Analytics (with anonymisation function)
The controller has integrated the Google Analytics component (with anonymisation function) on this website. Google Analytics is a web analysis service. Web analysis is the collection, compilation and evaluation of data about the behaviour of visitors to websites. Among other things, a web analysis service collects data on the website from which a data subject has accessed a website (so-called referrers), which sub-pages of the website have been accessed or how often and for how long a sub-page has been viewed. A web analysis is mainly used to optimise a website and to analyse the costs and benefits of internet advertising.
The operating company of the Google Analytics component is Google Ireland Limited, Gordon House, Barrow Street, Dublin, D04 E5W5, Ireland.
The controller uses the addition “_gat._anonymizeIp” for web analysis via Google Analytics. By means of this addition, the IP address of the Internet connection of the data subject is shortened and anonymised by Google if access to our Internet pages is made from a member state of the European Union or from another state party to the Agreement on the European Economic Area.
The purpose of the Google Analytics component is to analyse the flow of visitors to our website. Google uses the data and information obtained to evaluate the use of our website, among other things, in order to create online reports for us that show the activities on our website.
We use this information to provide you with the services you need to use our website and to provide you with other services related to the use of our website.
Google Analytics sets a cookie on the information technology system of the data subject. What cookies are has already been explained above. By setting the cookie, Google is enabled to analyse the use of our website. Each time one of the individual pages of this website operated by the data controller is called up and on which a Google Analytics component has been integrated, the internet browser on the data subject’s information technology system is automatically caused by the respective Google Analytics component to transmit data to Google for the purpose of online analysis. As part of this technical process, Google obtains knowledge of personal data, such as the IP address of the data subject, which Google uses, among other things, to track the origin of visitors and clicks and subsequently to enable commission calculations.
By means of the cookie, personal information, for example the access time, the location from which an access originated and the frequency of visits to our website by the data subject, is stored. Each time the data subject visits our website, this personal data, including the IP address of the internet connection used by the data subject, is transmitted to Google in the United States of America. This personal data is stored by Google in the United States of America. Google may pass on this personal data collected via the technical process to third parties.
The data subject can prevent the setting of cookies by our website, as already described above, at any time by means of an appropriate setting of the internet browser used and thus permanently object to the setting of cookies. Such a setting of the Internet browser used would also prevent Google from setting a cookie on the information technology system of the data subject. In addition, a cookie already set by Google Analytics can be deleted at any time via the internet browser or other software programmes.
Furthermore, the data subject has the option to object to the collection of data generated by Google Analytics and related to the use of this website as well as to the processing of this data by Google and to prevent such processing. For this purpose, the data subject must download and install a browser add-on under the link https://tools.google.com/dlpage/gaoptout . This browser add-on informs Google Analytics via JavaScript that no data and information on visits to Internet pages may be transmitted to Google Analytics. The installation of the browser add-on is considered by Google as an objection. If the data subject’s information technology system is deleted, formatted or reinstalled at a later date, the data subject must reinstall the browser add-on in order to deactivate Google Analytics. If the browser add-on is uninstalled or deactivated by the data subject or another person within his or her control, it is possible to reinstall or reactivate the browser add-on.
Further information and the applicable Google privacy policy can be found at https://www.google.de/intl/de/policies/privacy/ and at http://www.google.com/analytics/terms/de.html. Google Analytics is explained in more detail under this link https://www.google.com/intl/de_de/analytics/ .
Google Tag Manager
We use the service called Google Tag Manager from Google. “Google” is a group of companies and consists of Google Ireland Ltd (provider of the service), Gordon House, Barrow Street, Dublin 4, Ireland as well as Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA and other affiliated companies of Google LLC. We have concluded an order processing agreement with Google. The Google Tag Manager is an auxiliary service and only processes personal data itself for technically necessary purposes. The Google Tag Manager takes care of loading other components, which in turn may collect data. The Google Tag Manager does not access this data. Further information and the applicable data protection provisions of Google can be found at https://www.google.de/intl/de/policies/privacy/ and at http://www.google.com/analytics/terms/de.html. Google Analytics is explained in more detail at this link https://www.google.com/intl/de_de/analytics/. Please note that American authorities, such as intelligence agencies, could potentially gain access to personal data that is inevitably exchanged with Google due to the Internet Protocol (TCP) when this service is integrated, due to American laws such as the Cloud Act.
16. Data protection provisions on the use and application of Google AdWords
The controller has integrated Google AdWords on this website. Google AdWords is an internet advertising service that allows advertisers to place ads both in Google’s search engine results and in the Google advertising network. Google AdWords allows an advertiser to specify certain keywords in advance, by means of which an ad is displayed in Google’s search engine results exclusively when the user retrieves a keyword-relevant search result with the search engine. In the Google advertising network, the ads are distributed on topic-relevant websites by means of an automatic algorithm and taking into account the previously defined keywords.
The operating company of the Google AdWords services is Google Ireland Limited, Gordon House, Barrow Street, Dublin, D04 E5W5, Ireland.
The purpose of Google AdWords is to advertise our website by displaying interest-relevant advertising on the websites of third-party companies and in the search engine results of the Google search engine and to display third-party advertising on our website.
If a data subject accesses our website via a Google ad, a so-called conversion cookie is stored by Google on the data subject’s information technology system. What cookies are has already been explained above. A conversion cookie loses its validity after thirty days and is not used to identify the data subject. Provided the cookie has not yet expired, the conversion cookie is used to track whether certain sub-pages, for example the shopping basket of an online shop system, have been called up on our website. The conversion cookie enables both us and Google to track whether a data subject who has accessed our website via an AdWords ad has generated a turnover, i.e. has completed or cancelled a purchase of goods.
The data and information collected through the use of the conversion cookie are used by Google to create visit statistics for our website. These visit statistics are in turn used by us to determine the total number of users who were referred to us via AdWords ads, i.e. to determine the success or failure of the respective AdWords ad and to optimise our AdWords ads for the future. Neither our company nor other advertisers of Google AdWords receive information from Google by means of which the data subject could be identified.
By means of the conversion cookie, personal information, such as the websites visited by the data subject, is stored. Each time the data subject visits our website, personal data, including the IP address of the internet connection used by the data subject, is transmitted to Google in the United States of America.
This personal data is stored by Google in the United States of America. Google may share this personal data collected through the technical process with third parties.
The data subject can prevent the setting of cookies by our website, as already described above, at any time by means of an appropriate setting of the internet browser used and thus permanently object to the setting of cookies. Such a setting of the Internet browser used would also prevent Google from setting a conversion cookie on the information technology system of the data subject. In addition, a cookie already set by Google AdWords can be deleted at any time via the internet browser or other software programmes.
Furthermore, the data subject has the option to object to interest-based advertising by Google. To do this, the data subject must call up the link www.google.de/settings/ads from any of the internet browsers he or she uses and make the desired settings there.
Further information and Google’s applicable privacy policy can be found at https://www.google.de/intl/de/policies/privacy/.
17. Privacy policy on the use and application of Jetpack for WordPress
The controller has integrated Jetpack on this website. Jetpack is a WordPress plug-in that offers additional functions to the operator of a website built on WordPress. Among other things, Jetpack allows the website operator to have an overview of the visitors to the site. By displaying related posts and publications or the possibility to share content on the page, it is also possible to increase the number of visitors. In addition, security functions are integrated into Jetpack so that a website using Jetpack is better protected against brute force attacks. Jetpack also optimises and speeds up the loading of images integrated on the website.
The operating company of the Jetpack plug-in for WordPress is Aut O’Mattic A8C Ireland Ltd, Business Centre, No.1 Lower Mayor Street, International Financial Services Centre, Dublin 1, Ireland.
Jetpack sets a cookie on the information technology system of the data subject. What cookies are has already been explained above. Each time one of the individual pages of this website operated by the controller is called up, on which a Jetpack component has been integrated, the internet browser on the information technology system of the data subject is automatically triggered by the respective Jetpack component to transmit data to Automattic for analysis purposes. As part of this technical procedure, Automattic obtains knowledge of data that is subsequently used to create an overview of website visits. The data obtained in this way is used to analyse the behaviour of the data subject who has accessed the website of the controller and is evaluated with the aim of optimising the website. The data collected via the Jetpack component will not be used to identify the data subject without obtaining the prior explicit consent of the data subject. The data also comes to the attention of Quantcast. Quantcast uses the data for the same purposes as Automattic.
The data subject can prevent the setting of cookies by our website, as already described above, at any time by means of an appropriate setting of the Internet browser used and thus permanently object to the setting of cookies. Such a setting of the Internet browser used would also prevent Automattic/Quantcast from setting a cookie on the information technology system of the data subject. In addition, cookies already set by Automattic can be deleted at any time via the Internet browser or other software programs.
Furthermore, the data subject has the possibility to object to and prevent the collection of data generated by the Jetpack cookie and related to a use of this website as well as the processing of such data by Automattic/Quantcast. To do so, the data subject must press the opt-out button under the link https://www.quantcast.com/opt-out/, which sets an opt-out cookie. The opt-out cookie set with the objection is stored on the information technology system used by the data subject. If the cookies on the data subject’s system are deleted after an objection, the data subject must call up the link again and set a new opt-out cookie.
However, with the setting of the opt-out cookie, there is the possibility that the internet pages of the controller are no longer fully usable for the data subject.
Automattic’s applicable privacy policy is available at https://automattic.com/privacy/ . Quantcast’s applicable privacy policy is available at https://www.quantcast.com/privacy/ .
18. Data protection provisions on the use and application of LinkedIn
The controller has integrated components of the LinkedIn Corporation on this website. LinkedIn is an Internet-based social network that allows users to connect with existing business contacts and to make new business contacts. Over 400 million registered people use LinkedIn in more than 200 countries. This makes LinkedIn currently the largest platform for business contacts and one of the most visited websites in the world.
The operating company of LinkedIn is LinkedIn Corporation, 2029 Stierlin Court Mountain View, CA 94043, USA. For data protection issues outside the USA, LinkedIn Ireland, Privacy Policy Issues, Wilton Plaza, Wilton Place, Dublin 2, Ireland, is responsible.
With each individual call-up of our website that is equipped with a LinkedIn component (LinkedIn plug-in), this component causes the browser used by the person concerned to download a corresponding representation of the component from LinkedIn. Further information on LinkedIn plug-ins can be found at https://developer.linkedin.com/plugins . As part of this technical procedure, LinkedIn receives information about which specific sub-page of our website is visited by the data subject.
If the data subject is logged in to LinkedIn at the same time, LinkedIn recognises which specific subpage of our website the data subject is visiting with each call-up of our website by the data subject and for the entire duration of the respective stay on our website. This information is collected by the LinkedIn component and assigned by LinkedIn to the respective LinkedIn account of the data subject. If the data subject activates a LinkedIn button integrated on our website, LinkedIn assigns this information to the personal LinkedIn user account of the data subject and stores this personal data.
LinkedIn always receives information via the LinkedIn component that the data subject has visited our website if the data subject is logged into LinkedIn at the same time as calling up our website; this takes place regardless of whether the data subject clicks on the LinkedIn component or not. If the data subject does not want this information to be transmitted to LinkedIn, he or she can prevent the transmission by logging out of his or her LinkedIn account before accessing our website.
LinkedIn offers the ability to unsubscribe from email messages, SMS messages and targeted ads, and manage ad settings at https://www.linkedin.com/psettings/guest-controls . LinkedIn also uses partners such as Quantcast, Google Analytics, BlueKai, DoubleClick, Nielsen, Comscore, Eloqua and Lotame, which may set cookies. Such cookies can be rejected at https://www.linkedin.com/legal/cookie-policy . LinkedIn’s applicable privacy policy is available at https://www.linkedin.com/legal/privacy-policy . LinkedIn’s cookie policy is available at https://www.linkedin.com/legal/cookie-policy .
19. Privacy policy on the use and application of Shariff
The controller has integrated the Shariff component on this website. The Shariff component provides social media buttons that are privacy compliant. Shariff was developed for the German computer magazine c’t and is published via GitHub, Inc.
The developer of the component is GitHub, Inc. 88 Colin P. Kelly Junior Street, San Francisco, CA 94107, USA.
Usually, the button solutions provided by the social networks already transmit personal data to the respective social network when a user visits a website in which a social media button has been integrated. By using the Shariff component, personal data is only transmitted to social networks when the visitor to a website actively clicks on one of the social media buttons. Further information on the Shariff component is provided by the computer magazine c’t at http://www.heise.de/newsticker/meldung/Datenschutz-und-Social-Media-Der-c-t-Shariff-ist-im-Einsatz- 2470103.html . The purpose of using the Shariff component is to protect the personal data of visitors to our website and at the same time to enable us to integrate a button solution for social networks on this website.
Further information and the applicable GitHub privacy policy can be found at https://help.github.com/articles/github-privacy-policy/ .
20. Data protection provisions on the use and application of Xing
The controller has integrated components of Xing on this website. Xing is an Internet-based social network that allows users to connect with existing business contacts and to make new business contacts. Individual users can create a personal profile of themselves on Xing. Companies can, for example, create company profiles or publish job offers on Xing.
The operating company of Xing is XING SE, Dammtorstraße 30, 20354 Hamburg, Germany.
Each time one of the individual pages of this website operated by the controller is called up and on which a Xing component (Xing plug-in) has been integrated, the internet browser on the information technology system of the data subject is automatically prompted by the respective Xing component to download a representation of the corresponding Xing component from Xing. Further information on the Xing plug-ins can be found at https://dev.xing.com/plugins. Within the scope of this technical procedure, Xing receives information about which specific sub-page of our website is visited by the data subject.
If the data subject is logged in to Xing at the same time, Xing recognises which specific sub-page of our website the data subject is visiting each time the data subject calls up our website and for the entire duration of the respective stay on our website. This information is collected by the Xing component and assigned by Xing to the respective Xing account of the data subject. If the data subject activates one of the Xing buttons integrated on our website, for example the “Share” button, Xing assigns this information to the personal Xing user account of the data subject and stores this personal data.
Xing always receives information via the Xing component that the data subject has visited our website if the data subject is logged into Xing at the same time as calling up our website; this takes place regardless of whether the data subject clicks on the Xing component or not. If the data subject does not want this information to be transmitted to Xing, he or she can prevent the transmission by logging out of his or her Xing account before accessing our website.
The data protection provisions published by Xing, which can be accessed at https://www.xing.com/privacy, provide information on the collection, processing and use of personal data by Xing. Furthermore, Xing has published data protection information for the XING Share button at https://www.xing.com/app/share?op=data_protection .
21. Legal basis of the processing
Article 6 I lit. a DS-GVO serves as the legal basis for our company for processing operations in which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is a party, as is the case, for example, with processing operations that are necessary for the delivery of goods or the provision of any other service or consideration, the processing is based on Article 6 I lit. b DS-GVO. The same applies to processing operations that are necessary for the implementation of pre-contractual measures, for example in the case of enquiries about our products or services. If our company is subject to a legal obligation which requires the processing of personal data, such as for the fulfilment of tax obligations, the processing is based on Article 6 I lit. In rare cases, the processing of personal data might become necessary in order to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were to be injured on our premises and as a result his or her name, age, health insurance details or other vital information had to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6 I lit. d DS-GVO. Finally, processing operations could be based on Art. 6 I lit. F DS-GVO. Processing operations which are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to protect a legitimate interest of our company or a third party, provided that the interests, fundamental rights and freedoms of the data subject are not overridden. Such processing operations are permitted to us in particular because they were specifically mentioned by the European legislator. In this respect, the legislator took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (recital 47, sentence 2 of the GDPR).
22. Legitimate interests in the processing pursued by the controller or a third party
If the processing of personal data is based on Article 6 I lit. f DS-GVO, our legitimate interest is the performance of our business activities for the benefit of the well-being of all our employees and our shareholders.
23. Duration for which the personal data are stored
The criterion for the duration of the storage of personal data is the respective statutory retention period. After expiry of the period, the corresponding data is routinely deleted if it is no longer required for the fulfilment or initiation of the contract.
24. Legal or contractual requirements to provide the personal data; Necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of not providing the data
We would like to inform you that the provision of personal data is sometimes required by law (e.g. tax regulations) or may also result from contractual regulations (e.g. information on the contractual partner). Sometimes, in order to conclude a contract, it may be necessary for a data subject to provide us with personal data that must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with him or her. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Before providing personal data by the data subject, the data subject must contact one of our employees. Our employee will inform the data subject on a case-by-case basis whether the provision of the personal data is required by law or by contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and what the consequences of not providing the personal data would be.
25. Existence of automated decision findings
As a responsible company, we refrain from automatic decision findings or profiling.
This sample data protection declaration was created by the data protection declaration generator of DGD Deutsche Gesellschaft für Datenschutz GmbH, which carries out data protection audits, in cooperation with the media law firm WILDE BEUGER SOLMECKE.
Further sources: Klaus Meffert, Dr. DSGVO Blog