Data Protection Declaration
Thank you very much for your interest in our company. Data protection has a particularly high priority for INNOFACT AG. The use of the INNOFACT AG website is basically possible without any indication of personal data. However, if a data subject wishes to make use of special services provided by our company via our website, it may be necessary to process personal data. If the processing of personal data is necessary and there is no legal basis for such processing, we 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 is always carried out in accordance with the General Data Protection Regulation and in accordance with the country-specific data protection regulations applicable to INNOFACT AG. By means of this data protection declaration, our company wishes to inform the public about the type, scope and purpose of the personal data collected, used and processed by us. Furthermore, this data protection declaration informs the data subjects about their rights.
As the data controller, INNOFACT AG has implemented numerous technical and organisational measures to ensure that the personal data processed via this website is protected as completely as possible. Nevertheless, internet-based data transmissions can in principle have security gaps, so that absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us by alternative means, such as the telephone.
INNOFACT AG’s data protection declaration is based on the terminology used by the European Union when issuing the General Data Protection Regulation (GDPR). Our data protection declaration should be easy to read and understand, both, for the public and for our customers and business partners. In order to guarantee this, we would like to explain the terms used in advance.
We use the following terms, among others, in this data protection declaration:
(a) Personal data
Personal data means any information relating to an identified or identifiable natural person (hereinafter “data subject”). A natural person shall be considered identifiable, if they 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 one or more specific characteristics expressing the physical, physiological, genetic, psychological, economic, cultural, or social identity of that natural person.
(b) Data subject
Data subject means any identified or identifiable natural person whose personal data is processed by the controller.
Processing shall mean any operation or set of operations which is carried out with or without the aid of automated means relating to personal data, such as collection, recording, organisation, sorting, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or association, qualification, erasure or destruction.
(d) Limitation of processing
Limitation of processing is the marking of stored personal data with the aim of limiting its future processing.
Profiling is any automated processing of personal data consisting of the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to the work performance, economic situation, health, personal preferences, interests, reliability, conduct, whereabouts or movement of that natural person.
Pseudonymisation means 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 provision of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures ensuring that the personal data are not attributed to an identified or identifiable natural person.
(g) Controller or data controller
The controller or controllers shall be the natural or legal person, public authority, agency or other entity 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 laid down by Union Law or by the law of the Member States, the controller or controllers may be designated in accordance with Union Law or with the law of the Member States on the basis of specific criteria.
Processor is a natural or legal person, public authority, agency or other entity which processes personal data on behalf of the controller.
The recipient is a natural or legal person, public authority, agency or other entity to whom personal data are disclosed, whether or not that person is a third party. However, authorities which may receive personal data in the course of a specific investigation task under European Union Law or the law of the Member States shall not be considered as recipients.
(j) Third parties
Third party means any natural or legal person, public authority, agency or entity other than the data subject, the controller, the processor and the persons who, under the direct responsibility of the controller or processor, are authorized to process the personal data.
Consent shall mean any voluntary, informed and unambiguous expression by the data subject of his or her will in the particular case, in the form of a statement or other unequivocal confirmatory act, indicating that he or she consents to the processing of his or her personal data.
Consent shall mean any voluntary, informed and unambiguous expression by the data subject of his or her will in the particular case, in the form of a statement or other unequivocal confirmatory act, indicating that he or she consents to the processing of his or her personal data.
2. NAME AND ADDRESS OF THE CONTROLLER
INNOFACT AG is responsible in the sense of the General Data Protection Regulation, other data protection laws applicable in the member states of the European Union and other regulations with data protection-juridical character:
Neuer Zollhof 3
Phone: +49 211 86 20 29 0
3. NAME AND ADDRESS OF DATA PROTECTION OFFICER
Neuer Zollhof 3
Phone: +49 211 86 20 29 0
Any data subject can contact our data protection officer directly at any time with any questions or suggestions regarding data protection.
The data subject can prevent the setting of cookies by our website at any time by means of an appropriate setting in 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 programs. 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 under certain circumstances.
5. COLLECTION OF GENERAL DATA AND INFORMATION
The INNOFACT AG website collects a series of general data and information each time a data subject or an automated system accesses the website. This general data and information are stored in the log files of the server. The following can be recorded
- browser types and versions used
- the operating system used by the accessing system
- the internet page from which an accessing system accesses our internet page (so-called referrer)
- the sub-websites, which are accessed via an accessing system on our website
- the date and time of access to the website
- an internet protocol address (IP address)
- the internet service provider of the accessing system
- other similar data and information used to avert dangers in the event of attacks on our information technology systems.
When using this general data and information, INNOFACT AG does not draw any conclusions about the data subject. Rather, this information is required in order to
- to deliver the contents of our website correctly
- to optimise the content of our website and the advertising for it,
- to ensure the long-term operability of our information technology systems and the technology of our website, and
- to provide law enforcement authorities with the information necessary for criminal prosecution in the event of a cyber-attack.
This anonymously collected data and information is therefore evaluated by INNOFACT AG both, statistically and with the aim of increasing data protection and data security in our company in order to ultimately ensure an optimum level of protection for the personal data we process. The anonymous data of the server log files is stored separately from all personal data provided by the data subject.
6. SUBSCRIBE TO OUR NEWSLETTER
INNOFACT AG informs its customers and business partners about the company’s offers at regular intervals by means of this newsletter. The newsletter of our company can only be received by the data subject if
- the data subject has a valid e-mail address, and
- the data subject registers to receive the newsletter.
For legal reasons, a confirmation e-mail using the double opt-in procedure is sent to the e-mail address entered by the data subject the first time, for the purpose of sending the newsletter. This confirmation e-mail is used to check whether the owner of the e-mail address as the data subject has authorised receipt of the newsletter.
When registering for the newsletter, we also store the IP address assigned by the Internet Service Provider (ISP) to the computer system used by the data subject at the time of registration, as well as the date and time of registration. 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 to legally safeguard the data controller.
The personal data collected in the course of registration for the newsletter are used exclusively to send 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 registration in this respect, as might be the case in the event of changes to the newsletter offering or changes to the technical conditions. The personal data collected as part of the newsletter service will not 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 the revocation of the consent an appropriate link is available in each new newsletter. It is also possible at any time to unsubscribe from the newsletter dispatch directly on the website of the data controller or to inform the data controller of this in any other way.
7. NEWSLETTER TRACKING
INNOFACT AG newsletters contain so-called tracking pixels. A pixel-code is a miniature graphic that is embedded in e-mails that are sent in HTML format to enable log file recording and analysis. This allows statistical evaluation of the success or failure of online marketing campaigns. Based on the embedded pixel-code, INNOFACT AG can recognise whether and when an e-mail was opened by an data subject and which links in the e-mail were accessed by the data subject.
Such personal data collected via the tracking pixels contained in the newsletters are stored and evaluated by the person responsible for processing in order to optimise the newsletter dispatch and to adapt the content of future newsletters even better to the interests of the data subject. This personal data will not be passed on to third parties. Data subjects are entitled at any time to revoke the relevant separate declaration of consent submitted via the double opt-in procedure. After a revocation, this personal data will be deleted by the person responsible for the processing. INNOFACT AG automatically interprets unsubscription from the receipt of the newsletter as revocation.
8. CONTACT OPTION VIA THE WEBSITE
Due to legal regulations, the INNOFACT AG website contains information that enables rapid electronic contact with our company and direct communication with us, which also includes an e-mail address. If a data subject contacts the data controller by e-mail or via a contact form, the personal data transmitted by the data subject is automatically stored. Such personal data transmitted voluntarily by a data subject to the data controller are stored for the purposes of processing or contacting the data subject. The data will not be passed on to third parties.
9. ROUTINE DELETION AND BLOCKING OF PERSONAL DATA
The data controller processes and stores personal data of the data subject only for the period of time necessary to achieve the storage purpose or insofar as this has been provided for by the European Union or another legislator or regulations to which the data controller is subject.
If the storage purpose no longer applies, or if a storage period prescribed by GDPRregulator or another competent legislator expires, the personal data will be blocked or deleted routinely and in accordance with the statutory provisions.
10. RIGHTS OF THE DATA SUBJECT
a) Right to confirmation
Any data subject has the right, granted by EU legislation, to obtain from the controller confirmation as to whether personal data concerning them is being processed. If a data subject wishes to exercise this right of confirmation, they may contact an employee of the controller for this purpose at any time.
b) Right of access
Any data subject whose persona data is being processed has the right, granted by EU legislation, to obtain at any time, free of charge, from the controller, information on the personal data relating to them which has been stored and to obtain a copy of that information. In addition, the European Directive and regulator has granted the data subject access to the following information:
- the purposes of the processing
- the categories of personal data processed
- the recipients or categories of recipients to whom the personal data has been or will be disclosed, in particular recipients in third countries or international organisations
- if possible, the planned duration for which the personal data will be stored or, if that is not possible, the criteria for determining that duration
- the existence of a right to the rectification or erasure of personal data concerning them or to the limitation of the processing carried out by the controller or of a right to object to such processing
- the existence of a right of appeal to a regulatory authority
- if the personal data is not collected from the data subject: All available information on the origin of the data
- the existence of automated decision-making, including profiling, in accordance with Article 22(1) and (4) GDPR and, at least in these cases, meaningful information on the logic involved, the scope and the intended effects of such processing on the data subject
The data subject also has a right of access to information as to whether personal data has 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, they may contact a member of staff of the controller at any time.
(c) Right to rectification
Any data subject affected by the processing of personal data has the right, granted by GDPR, to obtain the rectification of inaccurate personal data concerning them without delay. Furthermore, the data subject shall have the right, having regard to the purposes of the processing, to request the completion of incomplete personal data, including by means of a supplementary statement.
If a data subject wishes to exercise this right of rectification, they may contact an employee of the controller for this purpose at any time.
d) Right to deletion (right to be forgotten)
Any data subject affected by the processing of personal data shall have the right, granted by GDPR, to obtain from the controller the erasure of the personal data concerning them without delay, if one of the following reasons applies, and if the processing is not necessary:
Personal data have been collected or otherwise processed for purposes for which they are no longer necessary.
The data subject withdraws their consent on which the processing was based pursuant to Art. 6 (1) letter a GDPR or Art. 9 (2) letter a GDPR and there is no other legal basis for the processing.
The data subject objects to the processing pursuant to Art. 21 (1) GDPR and there are no overriding legitimate reasons for the processing or the data subject objects to the processing pursuant to Art. 21 (2) GDPR.
The personal data has been processed unlawfully.
The deletion of the personal data is necessary to fulfil a legal obligation under European Union Law or the Law of a Member State to which the controller is subject.
The personal data were collected in relation to information society services offered pursuant to Art. 8 (1) GDPR.
If one of the above reasons applies and a data subject wishes to have personal data stored at INNOFACT AG deleted, they can contact an employee of the data controller at any time. The employee of INNOFACT AG will ensure that the request for deletion is complied with immediately.
If the personal data has been made public by INNOFACT AG and if our company, as the person responsible, is obliged to delete the personal data pursuant to Art. 17 (1) GDPR, INNOFACT AG will take appropriate measures, including technical measures, taking into account the available technology and implementation costs, to inform other persons responsible for data processing who process the published personal data that the data subject has requested the deletion of, all links to this personal data, or copies, or replications of this personal data from these, insofar as the processing is not required. The employee ofINNOFACT AG will take the necessary steps in individual cases.
e) Right to request limitation of processing
Any data subject affected by the processing of personal data has the right, granted by GDPR, to request to limit the processing by the controller, if one of the following conditions is met:
The accuracy of the personal data is contested by the data subject for a period of time which allows the controller to verify the accuracy of the personal data.
The processing is unlawful, the data subject refuses the deletion of the personal data and instead requests the restriction of the use of the personal data.
The controller no longer needs the personal data for the purposes of processing, but the data subject needs it for the assertion, exercise or defence of legal rights.
The data subject has lodged an objection to the processing pursuant to Art. 21 (1) GDPR and it is not yet clear whether the legitimate reasons of the data controller outweigh those of the data subject.
If one of the above conditions is met and a data subject wishes to request the restriction of personal data stored at INNOFACT AG, they can contact an employee of the data controller at any time. The employee of INNOFACT AG will arrange for the processing to be restricted.
If the data subject exercises their right to cancellation or limitation of processing, the controller shall, unless it is impossible or involves a disproportionate effort, notify all recipients, to whom personal data of the data subject has been disclosed, of any rectification or cancellation of the personal data or of any limitation of processing pursuant to Article 16, Article 17 (1) or Article 18. At the request of the data subject, they shall be informed of the recipients (Article 19 GDPR).
f) Right to data portability
Any data subject affected by the processing of personal data has the right, granted by GDPR, to obtain the personal data concerning them provided by the data subject to a controller in a structured, common and machine-readable format. They also have the right to communicate this data to another controller without being hindered by the controller to whom the personal data has been provided, provided that the processing is based on the consent pursuant to Art. 6 (1) letter a GDPR or Art. 9 (2) letter a GDPR or on a contract pursuant to Art. 6 (1) letter b GDPR, and the processing is carried out by automated means, provided that the processing is not necessary for the performance of a task in the public interest or in the exercise of official authority entrusted to the controller.
Furthermore, when exercising their right to data portability pursuant to Art. 20 (1) GDPR, the data subject has the right that the personal data be transferred directly from one responsible party to another responsible party, insofar as this is technically feasible and insofar as this does not impair the rights and freedoms of other persons.
In order to assert the right to data portability, the data subject can contact an INNOFACT AG employee at any time.
g) Right to object
Any data subject affected by the processing of personal data has the right granted by GDPR to object to the processing of personal data concerning them on the basis of Article 6 (1) (e) or (f) of GDPR for reasons related to their particular situation at any time. This also applies to profiling based on these provisions.
In the event of objection, INNOFACT AGwill no longer process the personal data, unless we can prove compelling grounds for processing worthy of protection which outweigh the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims.
If INNOFACT AG processes personal data for direct advertising, the data subject has the right to object to the processing of personal data for the purpose of such advertising at any time. This also applies to profiling insofar as it is connected with such direct advertising. If the data subject objects to INNOFACT AG processing the data for direct marketing purposes, INNOFACT AGwill no longer process the personal data for these purposes.
In addition, the data subject has the right to object to the processing of personal data relating to them by INNOFACT AG for scientific or historical research purposes or for statistical purposes pursuant to Art. 89 (1) GDPR for reasons arising from their particular situation, unless such processing is necessary for the performance of a task in the public interest.
In order to exercise the right to object, the data subject may contact any INNOFACT AG employee directly. The data subject is also free to exercise their right to object in connection with the use of information services, notwithstanding Directive 2002/58/EC, by means of automated procedures in which technical specifications are used.
(h) Automated case-by-case decisions, including profiling
Any data subject affected by the processing of personal data shall have the right, granted by GDPR, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects upon them or significantly affects them in a similar manner, provided that the decision (1) is not necessary for the conclusion or execution of a contract between the data subject and the data controller or (2) is authorised by Union or national law or by the law of a Member State to which the data controller is subject to and which provides for adequate measures to safeguard the rights and freedoms and the legitimate interests of the data subject or (3) is taken with the express consent of the data subject.
If the decision (1) is necessary for the conclusion or execution of a contract between the data subject and the data controller or (2) is taken with the express consent of the data subject, INNOFACT AG shall take appropriate measures to safeguard the rights and freedoms, as well as the legitimate interests of the data subject, including at least the right to obtain the intervention of a data subject from the data controller, to present their point of view and to contest the decision.
If the data subject wishes to exercise rights relating to automated decisions, they may at any time do so by contacting an employee of the controller.
i) Right to revoke consent in line with GDPR
Any data subject affected by the processing of personal data has the right granted by GDPR to revoke consent to the processing of personal data at any time.
If the data subject wishes to exercise their right to withdraw consent, they may at any time do so by contacting an employee of the controller.
11. DATA PROTECTION FOR APPLICATIONS AND DURING APPLICATION PROCESS
The data controller collects and processes the personal data of applicants for the application process. Processing may also be carried out electronically. This is particularly the case, if an applicant submits the relevant application documents electronically to the data controller, for example by e-mail or via a web form on the website. If the data controller enters into an employment contract with an applicant, the data transmitted will be stored for the purpose of processing the employment relationship in compliance with the statutory provisions. If the data controller does not conclude an employment contract with the applicant, the application documents shall be automatically deleted two months after notification of the rejection decision, provided that no other legitimate interests of the data controller conflict with such deletion. Other legitimate interests in this sense include, for example, a duty to provide evidence in proceedings under the General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz – AGG).
12. DATA PROTECTION FOR SURVEYS
Data protection has a particularly high priority for the management of INNOFACT AG. As a member of ESOMAR, BVM and DGOF,INNOFACT AG works in accordance with the guidelines and requirements of the professional code of conduct applicable to all registered market research institutes and the regulations of the GDPR..
During a survey, INNOFACT AG uses anonymisation and pseudonymization techniques to protect the personal data that may be collected as part of the data collection process. The results of this survey are presented exclusively in anonymous form, so that no conclusions can be drawn as to which person provided the information. This also applies to a repeat or follow-up survey, where it is important to conduct another survey with the same person after a certain period of time in order to then carry out a statistical evaluation in such a way that the data from several surveys are linked together. In this case, too, the results are presented exclusively in anonymous form.
The same guidelines apply to the data provided by customers, online participants and offline respondents.
13. DATA PROTECTION REGULATION ON THE USE AND APPLICATION OF FACEBOOK
The data controller has integrated components of the company Facebook on this website. Facebook is a social network.
A social network is a social meeting place operated on the internet, an online community that usually enables users to communicate with each other and interact in virtual space. A social network can serve as a platform for the exchange of opinions and experiences, or enables the internet community to provide personal or company-related information. Facebook enables users of the social network to create private profiles, upload photos and network via friend requests, among other things.
The operating company of Facebook is Facebook, Inc. 1 Hacker Way, Menlo Park, CA 94025, USA. The person responsible for processing personal data is Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland, if a data subject lives outside the USA or Canada.
Each time one of the individual pages of this website is accessed, which is operated by the data controller and on which a Facebook component (Facebook plug-in) has been integrated, the internet browser on the information technology system of the data subject is automatically prompted by the respective Facebook component to download a representation of the corresponding Facebook component from Facebook. A complete overview of all Facebook plug-ins can be found at https://developers.facebook.com/docs/plugins/?locale=en_DE. As part of this technical process, Facebook obtains information about, which specific subpage of our website is visited by the data subject.
If the data subject is logged into Facebook at the same time, Facebook recognises which specific page of our website the data subject is visiting each time the person visits our website and for the entire duration of that person’s stay on our website. This information is collected by the Facebook component and assigned by Facebook to the respective Facebook account of the data subject. If the data subject clicks one of the Facebook buttons integrated on our website, for example the “Like” button, or if the data subject makes a comment, Facebook assigns this information to the personal Facebook user account of the data subject and saves this personal data.
Facebook receives information through the Facebook Component that the individual concerned has visited our website whenever the individual concerned is logged into Facebook at the same time as accessing our website, whether or not the individual clicks on the Facebook component. If the data subject does not want this information to be transferred to Facebook in this way, they can prevent the transfer by logging out of their Facebook account before accessing our website.
Facebook’s published data policy, which is available at https://de-de.facebook.com/about/privacy/, provides information about the collection, processing and use of personal data by Facebook. It also explains which settings Facebook offers to protect the privacy of the data subject. In addition, various applications are available that make it possible to suppress data transmission to Facebook. Such applications can be used by the data subject to suppress data transmission to Facebook.
14. DATA PROTECTION REGULATION FOR THE USE AND APPLICATION OF GOOGLE ANALYTICS (WITH ANONYMISATION FUNCTION)
The data 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, collection and evaluation of data about the behaviour of visitors to internet pages. A web analysis service collects data on, among other things, from which website a data subject came to a website (so-called referrers), which subpages of the website were accessed, or how often and for how long a subpage was 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 Inc, 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.
The data controller uses the addition “_gat._anonymizeIp” for the web analysis via Google Analytics. This addition is used by Google to shorten and anonymise the IP address of the internet connection of the data subject, if access to our internet pages is 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, among other things, to evaluate the use of our website, to compile online reports for us showing the activities on our website, and to provide other services in connection with the use of our website.
Google Analytics places a cookie on the information technology system of the data subject. What cookies are has already been explained above. When the cookie is set, Google is able to analyse the use of our website. Each time you access one of the individual pages of this website, which is operated by the data controller and on which a Google Analytics component has been integrated, the internet browser on the information technology system of the data subject is automatically prompted 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 statements.
The cookie is used to store personal information, such as the access time, the location from which an access originated, and the frequency of visits to our website by the data subject. Each time you visit 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 share this personal information collected through the technical process with third parties.
The data subject can prevent the setting of cookies by our website, as 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 programs.
15. DATA PROTECTION REGULATION ON THE USE AND APPLICATION OF TWITTER
The data controller has integrated Twitter components into this website. Twitter is a multilingual, publicly accessible microblogging service on which users can publish and distribute so-called tweets, i.e. short messages limited to 280 characters. These short messages can be accessed by anyone, including those not registered on Twitter. The tweets are also displayed to the so-called followers of the respective user. Followers are other Twitter users who follow a user’s tweets. Furthermore, Twitter enables a broad audience to be addressed via hashtags, links or retweets.
The operating company of Twitter is Twitter, Inc. 1355 Market Street, Suite 900, San Francisco, CA 94103, USA.
Each time one of the individual pages of this website is accessed, which is operated by the data controller and on which a Twitter component (Twitter button) has been integrated, the internet browser on the information technology system of the data subject is automatically prompted by the respective Twitter component to download a display of the corresponding Twitter component from Twitter. Further information on the Twitter buttons can be found at https://about.twitter.com/de/resources/buttons. As part of this technical process, Twitter receives information about which specific subpage of our website is visited by the data subject. The purpose of integrating the Twitter component is to enable our users to disseminate the content of this website, to make this website known in the digital world and to increase our visitor numbers.
If the data subject is logged in to Twitter at the same time, Twitter recognises which specific page of our website the data subject is visiting each time the data subject accesses our website and for the entire duration of that person’s stay on our website. This information is collected by the Twitter component and assigned by Twitter to the respective Twitter account of the data subject. If the data subject activates one of the Twitter buttons integrated on our website, the data and information transmitted are assigned to the personal Twitter user account of the data subject and stored and processed by Twitter.
Twitter always receives information via the Twitter component that the data subject has visited on our website when the data subject is logged in to Twitter at the same time as accessing our website; this takes place regardless of whether the data subject clicks on the Twitter component or not. If the data subject does not wish to transmit this information to Twitter in this way, they can prevent the transmission by logging out of theirTwitter account before accessing our website.
16. DATA PROTECTION REGULATION FOR USE AND APPLICATION OF XING
The data controller has integrated Xing components into this website. Xing is an internet-based social network that enables users to connect to existing business contacts and to make new business contacts. The individual users can create a personal profile of themselves at Xing. Companies can, for example, create company profiles or publish job offers on Xing.
Xing’s operating company is XING SE, Dammtorstraße 30, 20354 Hamburg, Germany.
Each time one of the individual pages of this website is accessed, which is operated by the data controller and on which an 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 . As part of this technical process, Xing obtains information about which specific subpage 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 subpage of our website the data subject is visiting each time the data subject accesses our website and for the entire duration of that person’s 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 presses one of the Xing buttons integrated into our website, for example the “Share” button, Xing assigns this information to the personal Xing user account of the data subject and saves 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 in to Xing at the same time as accessing our website; this takes place regardless of whether the data subject clicks on the Xing component or not. If the data subject does not wish to transmit this information to Xing in this way, they can prevent the transmission by logging out of their Xing account before accessing our website.
The data protection policy published by Xing, which is available at https://www.xing.com/privacy, provides information about 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.
17. LEGAL BASIS OF THE PROCESSING
Art. 6 I lit. a GDPR serves our company as a legal basis for processing operations in which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the execution 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 other services or consideration, the processing is based on Art. 6 I lit. b GDPR. The same applies to such processing operations which are necessary for the implementation of pre-contractual measures, for example in cases of inquiries regarding our products or services. If our company is subject to a legal obligation requiring the processing of personal data, such as for the fulfilment of tax obligations, the processing is based on Art. 6 I lit. c GDPR. In rare cases, the processing of personal data may 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 to our company were injured and his name, age, health insurance details or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6 I lit. d GDPR. Ultimately, processing operations could be based on Art. 6 I lit. f GDPR. Processing operations that are not covered by any of the aforementioned legal bases are based on this legal basis, if the processing is necessary to safeguard a legitimate interest of our company or a third party, provided that the interests, fundamental rights and fundamental freedoms of the data subject do not predominate. Such processing operations are permitted to us because they have been specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed, if the data subject is a customer of the data controller (recital 47 sentence 2 GDPR).
18. 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 GDPR, our legitimate interest is the conduct of our business for the benefit of all our employees and shareholders.
19. DURATION FOR WHICH PERSONAL DATA IS STORED
The criterion for the duration of the storage of personal data is the respective legal retention period. After this period has expired, the corresponding data will be routinely deleted unless they are no longer required for the fulfilment or initiation of the contract.
20. LEGAL OR CONTRACTUAL PROVISIONS ON THE PROVISION OF PERSONAL DATA; NECESSITY FOR THE CONCLUSION OF THE CONTRACT; OBLIGATION OF THE DATA SUBJECT TO PROVIDE THE PERSONAL DATA; POSSIBLE CONSEQUENCES OF NON-AVAILABILITY OF SUCH DATA
We will inform you that the provision of personal data is partly required by law (e.g. tax regulations), or may result from contractual provisions (e.g. information on the contractual partner). It may sometimes be necessary for a contract to be concluded for a data subject to provide us with personal data which 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 them. Failure to provide personal data would mean that the contract could not be concluded with the data subject. The data subject must contact one of our employees before the provision of personal data by the data subject. Our employee will inform the data subject on a case-by-case basis whether the provision of personal data is required by law, or contract, or is necessary for the conclusion of a contract, whether there is an obligation to provide the personal data, and what consequences the non-availability of the personal data would have.
21. EXISTENCE OF AUTOMATED DECISION MAKING
As a responsible company, we do not use automatic decision making or profiling.