PRIVACY POLICY
We are delighted about your interest in our company. Data protection is of particular importance to the management of Buntspecht GmbH. The use of Buntspecht GmbH’s websites is generally possible without providing any personal data. However, if an individual wishes to make use of special services offered by our company through our website, the processing of personal data may be required. If the processing of personal data is necessary and there is no legal basis for such processing, we will generally obtain the consent of the individual concerned.
The processing of personal data, such as the name, address, email address, or telephone number of an individual, always takes place in accordance with the General Data Protection Regulation (GDPR) and in compliance with the country-specific data protection regulations applicable to Buntspecht GmbH. Through this privacy policy, our company aims to inform the public about the nature, scope, and purpose of the personal data we collect, use, and process. Additionally, this privacy policy will also inform individuals about their rights.
Buntspecht GmbH, as the data controller, has implemented numerous technical and organizational measures to ensure the most comprehensive protection of personal data processed through this website. However, internet-based data transmissions may have security vulnerabilities, so absolute protection cannot be guaranteed. Therefore, each individual is free to transmit personal data to us through alternative means, such as telephone communication, if they prefer.
1. Definitions
The privacy policy of Buntspecht GmbH is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our privacy policy is intended to be easily readable and understandable for the public, as well as our customers and business partners. To achieve this, we would like to explain the terms used in this privacy policy in advance.
In this privacy policy, we use, among other terms, the following:
a) Personal data
Personal data means any information relating to an identified or identifiable natural person (hereafter referred to as “data subject”). 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 one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.
b) Data subject
Data subject is any identified or identifiable natural person whose personal data is processed by the data controller.
c) Processing
Processing means any operation or set of operations that is performed on personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation, alteration, retrieval, consultation, use, disclosure by transmission, dissemination, or otherwise making available, alignment, or combination, restriction, erasure, or destruction.
d) Restriction of processing
Restriction of processing means the marking of stored personal data with the aim of limiting their processing in the future.
e) Profiling
Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements.
f) Pseudonymization
Pseudonymization means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data is not attributed to an identified or identifiable natural person.
g) Data controller
Data controller means 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 data controller or the specific criteria for its nomination may be provided for by Union or Member State law.
h) Processor
Processor means a natural or legal person, public authority, agency, or other body which processes personal data on behalf of the data controller.
i) Recipient
Recipient means a natural or legal person, public authority, agency, or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients.
j) Third party
Third party means a natural or legal person, public authority, agency, or body other than the data subject, the data controller, the processor, and persons who, under the direct authority of the data controller or processor, are authorized to process personal data.
k) Consent
Consent of the data subject means any freely given, specific, informed, and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
2. Name and address of the data controller
The data controller, as defined in the GDPR and other data protection laws in the European Union member states and other provisions with a data protection character, is:
BUNTSPECHT
Film & Digital GmbH
Ursulaplatz 1
50668 Cologne
Tel.: +49 221 97580860
Email: info@buntspecht.com
Website: www.buntspecht.com
3. Name and address of the data protection officer
The data protection officer of the data controller is:
Jasmin Lieffering
LITC Jasmin Lieffering
Bärenmarsch 3 | 31623 Drakenburg
Tel.: +49 5024 9817 244
Email: jasmin.lieffering@litc.de
Any data subject can contact our data protection officer directly at any time with all questions and suggestions concerning data protection.
4. Cookies
The websites of Buntspecht GmbH use cookies. Cookies are text files that are stored in 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 character string through which websites and servers can be assigned to the specific internet browser in which the cookie was stored. This allows visited websites and servers to distinguish the individual’s browser from other internet browsers that contain other cookies. A specific internet browser can be recognized and identified using the unique cookie ID.
Through the use of cookies, Buntspecht GmbH can provide 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 optimized with the user in mind. Cookies allow us, as previously mentioned, to recognize the users of our website. The purpose of this recognition is to make it easier for users to utilize our website. For example, the user of a website that uses cookies does not have to enter their access data each time they visit the website because this is taken over by the website and the cookie stored on the user’s computer system. Another example is the cookie of a shopping cart in an online shop. The online store remembers the articles that a customer has placed in the virtual shopping cart 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 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.
5. Collection of general data and information
With each visit to the website of Buntspecht GmbH, by an individual or an automated system, a range of general data and information is collected and stored in the server’s log files. The following data can be collected: (1) types and versions of browsers used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (referrer), (4) the sub-pages 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 may be used to prevent threats to our information technology systems in case of cyber-attacks.
Buntspecht GmbH does not draw any conclusions about the individual concerned when using this general data and information. This data is rather required to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the permanent functionality of our information technology systems and the technology of our website, and (4) 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 statistically and further analyzed by Buntspecht GmbH to increase data protection and data security in our company and ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by the individual concerned.
6. Subscription to comments on the blog on the website
Comments made on the blog of Buntspecht GmbH can generally be subscribed to by third parties. In particular, it is possible for a commentator to subscribe to subsequent comments on a specific blog post.
If an individual chooses to subscribe to comments, the data controller will send an automatic confirmation email to verify whether the owner of the provided email address has opted for this option through the double-opt-in procedure. The option to subscribe to comments can be terminated at any time.
7. Routine deletion and blocking of personal data
The data controller processes and stores personal data of the individual concerned only for the period necessary to achieve the purpose of storage or as required by the European legislator or other competent legislator in laws or regulations to which the data controller is subject.
Once the purpose of storage no longer applies or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data will be routinely blocked or deleted in accordance with legal requirements.
8. Rights of the individual concerned
a) Right to Confirmation
Every individual concerned has the right granted by the European legislator to request confirmation from the data controller as to whether personal data concerning them is being processed. If an individual concerned wishes to exercise this right to confirmation, they can contact an employee of the data controller at any time.
b) Right to Information
Every individual concerned by the processing of personal data has the right granted by the European legislator to obtain free-of-charge information from the data controller about the personal data stored about them and to receive a copy of this information. Furthermore, the European legislator has granted the individual concerned the right to information about the following:
- The purposes of the processing
- The categories of personal data being processed
- The recipients or categories of recipients to whom the personal data have been or will be disclosed, particularly recipients in third countries or international organizations
- If possible, the envisaged duration for which the personal data will be stored, or, if not possible, the criteria used to determine that duration
- The existence of the right to rectification or erasure of personal data concerning them, or restriction of processing by the data controller, or the right to object to such processing
- The right to lodge a complaint with a supervisory authority
- If the personal data is not collected from the individual concerned: all available information about the source of the data
- The existence of automated decision-making, including profiling, according to Article 22(1) and (4) of the General Data Protection Regulation (GDPR), and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the individual concerned
Furthermore, the individual concerned has the right to be informed whether personal data has been transferred to a third country or an international organization. If this is the case, the individual concerned has the right to obtain information about the appropriate safeguards related to the transfer.
If an individual concerned wishes to exercise this right to information, they can contact an employee of the data controller at any time.
c) Right to Rectification
Every individual concerned by the processing of personal data has the right granted by the European legislator to demand the immediate rectification of inaccurate personal data concerning them. Furthermore, considering the purposes of the processing, the individual concerned has the right to request the completion of incomplete personal data, including by means of a supplementary statement.
If an individual concerned wishes to exercise this right to rectification, they can contact an employee of the data controller at any time.
d) Right to Erasure (Right to be Forgotten)
Every individual concerned by the processing of personal data has the right granted by the European legislator to request the data controller to promptly erase personal data concerning them if one of the following reasons applies and if the processing is not necessary:
The personal data has been collected or otherwise processed for purposes for which it is no longer necessary.
The individual concerned withdraws their consent on which the processing is based according to Article 6(1)(a) or Article 9(2)(a) of the GDPR, and there is no other legal ground for the processing.
The individual concerned objects to the processing pursuant to Article 21(1) of the GDPR, and there are no overriding legitimate grounds for the processing, or the individual concerned objects to the processing pursuant to Article 21(2) of the GDPR.
The personal data has been unlawfully processed.
The erasure of personal data is required to fulfill a legal obligation under Union or Member State law to which the data controller is subject.
The personal data has been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.
If one of the above-mentioned reasons applies and an individual concerned wishes to request the erasure of personal data stored by Buntspecht GmbH, they can contact an employee of the data controller at any time. The employee of Buntspecht GmbH will promptly arrange for the erasure request to be fulfilled.
If the personal data has been made public by Buntspecht GmbH, and if our company, as the data controller, is obliged to erase personal data according to Article 17(1) of the GDPR, Buntspecht GmbH, taking into account available technology and implementation costs, will take reasonable steps, including technical measures, to inform other data controllers processing the published personal data that the individual concerned has requested the erasure of all links to such personal data or copies or replications of such personal data, unless the processing is necessary. The employee of Buntspecht GmbH will handle such cases as required.
e) Right to Restriction of Processing
Every individual concerned by the processing of personal data has the right granted by the European legislator to demand the data controller to restrict processing if one of the following conditions is met:
The accuracy of the personal data is contested by the individual concerned, for a period enabling the data controller to verify the accuracy of the personal data.
The processing is unlawful, and the individual concerned opposes the erasure of the personal data and requests instead the restriction of its use.
The data controller no longer needs the personal data for the purposes of the processing, but the individual concerned requires it for the establishment, exercise, or defense of legal claims.
The individual concerned has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the data controller override those of the individual concerned.
If one of the above-mentioned conditions is met and an individual concerned wishes to request the restriction of personal data stored by Buntspecht GmbH, they can contact an employee of the data controller at any time. The employee of Buntspecht GmbH will initiate the restriction of processing as required.
f) Right to Data Portability
Every individual concerned by the processing of personal data has the right granted by the European legislator to receive the personal data concerning them, which they have provided to a data controller, in a structured, commonly used, and machine-readable format. They also have the right to transmit this data to another data controller without hindrance from the data controller to whom the personal data was provided, where 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, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the data controller.
Furthermore, in exercising their right to data portability pursuant to Article 20(1) of the GDPR, the individual concerned has the right to have the personal data transmitted directly from one data controller to another, where technically feasible, and provided that this does not adversely affect the rights and freedoms of others.
To exercise the right to data portability, the individual concerned can contact an employee of Buntspecht GmbH at any time.
g) Right to Object
Every individual concerned by the processing of personal data has the right granted by the European legislator to object, on grounds relating to their particular situation, at any time to the processing of personal data concerning them, which is based on Article 6(1)(e) or (f) of the GDPR, including profiling based on those provisions.
Buntspecht GmbH will no longer process the personal data in the event of objection unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights, and freedoms of the individual concerned, or for the establishment, exercise, or defense of legal claims.
If Buntspecht GmbH processes personal data for direct marketing purposes, the individual concerned has the right to object at any time to the processing of personal data for such marketing, which includes profiling to the extent that it is related to such direct marketing. If the individual concerned objects to Buntspecht GmbH processing for direct marketing purposes, Buntspecht GmbH will no longer process the personal data for these purposes.
In addition, the individual concerned has the right, on grounds relating to their particular situation, to object to the processing of personal data concerning them by Buntspecht GmbH for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out in the public interest.
To exercise the right to object, the individual concerned can directly contact any employee of Buntspecht GmbH or another employee. The individual concerned is also free to exercise their right to object in relation to the use of information society services, notwithstanding Directive 2002/58/EC, by automated means using technical specifications.
h) Automated Individual Decision-Making, including Profiling
Every individual concerned by the processing of personal data has the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning them or similarly significantly affects them, as long as the decision (1) is not necessary for entering into, or the performance of, a contract between the individual concerned and the data controller, or (2) is not authorized by Union or Member State law to which the data controller is subject and which also lays down suitable measures to safeguard the individual concerned’s rights and freedoms and legitimate interests, or (3) is not based on the individual concerned’s explicit consent.
If the decision (1) is necessary for entering into, or the performance of, a contract between the individual concerned and the data controller, or (2) is based on the individual concerned’s explicit consent, Buntspecht GmbH shall implement suitable measures to safeguard the individual concerned’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the data controller, to express their point of view, and to contest the decision.
If the individual concerned wishes to exercise their rights related to automated individual decision-making, including profiling, they can contact an employee of the data controller at any time.
i) Right to Withdraw Consent under Data Protection Law
Every individual concerned by the processing of personal data has the right granted by the European legislator to withdraw consent to the processing of personal data at any time.
To exercise the right to withdraw consent, the individual concerned can contact an employee of the data controller at any time.
9. Data Protection in the application and recruitment process
The data controller collects and processes personal data from applicants for the purpose of managing the application process. The processing can also be carried out electronically. This is particularly the case when an applicant submits relevant application documents electronically, for example, via email or through a web form on the website of the data controller. If the data controller concludes an employment contract with an applicant, the transmitted data will be stored for the purpose of managing the employment relationship in compliance with legal requirements. If the data controller does not enter into an employment contract with the applicant, the application documents will be automatically deleted two months after the notification of the rejection decision, provided that there are no other legitimate interests of the data controller that oppose such deletion. Other legitimate interests in this sense could include the need to provide evidence in a proceeding under the General Equal Treatment Act (AGG).
10. Data Protection Provisions for the use of Google Analytics (with Anonymization Function)
The data controller has integrated the Google Analytics component (with anonymization function) on this website. Google Analytics is a web analytics service that collects, compiles, and evaluates data about the behavior of visitors to websites. This includes data such as the referrer (i.e., the website from which a visitor came to the site), which subpages of the website were accessed, and how often and for what duration a subpage was viewed. Web analytics is primarily used for optimizing a website and analyzing the cost-effectiveness of internet advertising.
The operating company of the Google Analytics component is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.
For web analytics via Google Analytics, the data controller uses the “_gat._anonymizeIp” addition. By means of this addition, the IP address of the internet connection of the data subject is shortened and anonymized by Google when accessing our websites from a member state of the European Union or another contracting state to the Agreement on the European Economic Area.
The purpose of the Google Analytics component is to analyze the flow of visitors to our website. Google uses the data and information obtained to evaluate the use of our website, compile online reports showing the activities on our websites, and provide further services related to the use of our website.
Google Analytics sets a cookie on the data subject’s information technology system. Cookies were explained above. By setting the cookie, Google enables an analysis of the use of our website. Each time 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, is called up, the internet browser on the data subject’s information technology system 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 trace the origin of visitors and clicks and subsequently enable commission settlements.
Using the cookie, personal information, such as the access time, the location from which access originated, and the frequency of visits to our website by the data subject, is stored. Each time our website is visited, this personal data, including the IP address of the data subject’s internet connection, 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 transfer this personal data collected through the technical process to third parties.
The data subject can prevent the setting of cookies through our website at any time, as described above, by adjusting the internet browser settings and thus permanently objecting to the setting of cookies. Such an adjustment to the internet browser settings would also prevent Google from setting a cookie on the data subject’s information technology system. In addition, cookies already set by Google Analytics can be deleted at any time via the internet browser or other software programs.
Furthermore, the data subject has the option of objecting to and preventing the collection of data generated by Google Analytics concerning the use of this website and the processing of this data by Google. For this purpose, the data subject must download and install a browser add-on from the following link: HTTPS://TOOLS.GOOGLE.COM/DLPAGE/GAOPTOUT. This browser add-on informs Google Analytics via JavaScript that no data and information about website visits may be transmitted to Google Analytics. The installation of the browser add-on is considered an objection by Google. If the data subject’s information technology system is deleted, formatted, or reinstalled at a later time, the data subject must reinstall the browser add-on to deactivate Google Analytics. If the browser add-on is uninstalled or deactivated by the data subject or another person within their sphere of control, there is the option of reinstalling or reactivating the browser add-on.
Further information and Google’s applicable privacy policy can be found at HTTPS://WWW.GOOGLE.DE/INTL/DE/POLICIES/PRIVACY/ and 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/.
11. Web Analytics Service Matomo (formerly PIWIK)
Our website uses Matomo (formerly PIWIK), an open-source software for statistical analysis of user access. Matomo uses cookies that are stored on your computer and allow for an anonymized analysis of your use of the website (see above for cookies). An inference to a specific person is not possible, as your IP address is anonymized immediately after processing and before storage. When individual pages of our website are accessed, the following data is stored:
(1) Two bytes of the IP address of the user’s system (2) The accessed website (3) The website from which the user accessed the accessed website (referrer) (4) The subpages accessed from the accessed website (5) The time spent on the website (6) The frequency of accessing the website
The software runs exclusively on the servers of our website. Storage of user’s personal data only takes place there. The data is not passed on to third parties. The legal basis for the processing of users’ personal data using cookies is Art. 6(1)(f) GDPR. Anonymizing the IP address adequately takes into account users’ interests in protecting their personal data.
Processing users’ personal data enables us to analyze the browsing behavior of our users. By evaluating the data obtained, we are able to compile information about the use of the individual components of our website. This helps us to continuously improve our website and its user-friendliness.
Users’ cookies are stored on their computer and transmitted to our site. As a user, you have full control over the use of cookies. By changing the settings in your internet browser, you can disable or restrict the transmission of cookies. Already stored cookies can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to use all functions of the website to their full extent. Further information on the privacy settings of Matomo software can be found at the following link: https://matomo.org/docs/privacy/.
12. Online presence in social media
We maintain online presences within social networks and platforms to communicate with active customers, interested parties, and users and to inform them about our services.
Please note that in this context, user data may be processed outside the European Union. This could pose risks to users, as, for example, the enforcement of users’ rights might be made more difficult. Regarding US providers certified under the Privacy Shield, we would like to point out that they commit to complying with EU data protection standards.
Furthermore, user data is generally processed for market research and advertising purposes. This includes creating usage profiles based on user behavior and interests. These usage profiles can be used to display advertisements both within and outside the platforms, which are likely to correspond to users’ interests. For these purposes, cookies are usually stored on users’ computers, storing information about users’ behavior and interests. Additionally, data may be stored in usage profiles regardless of the devices users are using, especially if users are members of the respective platforms and logged in.
The processing of users’ personal data is based on our legitimate interests in effectively informing and communicating with users, in accordance with Art. 6(1)(f) GDPR. If users are asked for consent by the respective platform providers for the aforementioned data processing, the legal basis for processing is Art. 6(1)(a) and Art. 7 GDPR.
For a detailed representation of the respective data processing and options for objection (opt-out), please refer to the linked information provided by the providers.
In case of requests for information and the exercise of user rights, we point out that these can be most effectively addressed to the providers. Only the providers have access to users’ data and can directly take appropriate measures and provide information. If you still need assistance, you can contact us.
Facebook, Pages, Groups (Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland) based on a joint data processing agreement – Privacy Policy: HTTPS://WWW.FACEBOOK.COM/ABOUT/PRIVACY/, Opt-Out: HTTPS://WWW.FACEBOOK.COM/SETTINGS?TAB=ADS and HTTP://WWW.YOURONLINECHOICES.COM, Privacy Shield: HTTPS://WWW.PRIVACYSHIELD.GOV/PARTICIPANT?ID=A2ZT0000000GNYWAAC&STATUS=ACTIVE.
Google/ YouTube (Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA) – Privacy Policy: HTTPS://POLICIES.GOOGLE.COM/PRIVACY, Opt-Out: HTTPS://ADSSETTINGS.GOOGLE.COM/AUTHENTICATED, Privacy Shield: HTTPS://WWW.PRIVACYSHIELD.GOV/PARTICIPANT?ID=A2ZT000000001L5AAI&STATUS=ACTIVE.
Instagram (Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA) – Privacy Policy/ Opt-Out: HTTP://INSTAGRAM.COM/ABOUT/LEGAL/PRIVACY/.
Twitter (Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA) – Privacy Policy: HTTPS://TWITTER.COM/DE/PRIVACY, Opt-Out: HTTPS://TWITTER.COM/PERSONALIZATION, Privacy Shield: HTTPS://WWW.PRIVACYSHIELD.GOV/PARTICIPANT?ID=A2ZT0000000TORZAAO&STATUS=ACTIVE.“
LinkedIn (LinkedIn Ireland Unlimited Company, Wilton Place, Dublin 2, Ireland) – Privacy Policy HTTPS://WWW.LINKEDIN.COM/LEGAL/PRIVACY-POLICY, Opt-Out: HTTPS://WWW.LINKEDIN.COM/PSETTINGS/GUEST-CONTROLS/RETARGETING-OPT-OUT, Privacy Shield: HTTPS://WWW.PRIVACYSHIELD.GOV/PARTICIPANT?ID=A2ZT0000000L0UZAA0&STATUS=ACTIVE.
Xing (XING AG, Dammtorstraße 29-32, 20354 Hamburg, Germany) – Privacy Policy/ Opt-Out: HTTPS://PRIVACY.XING.COM/DE/DATENSCHUTZERKLAERUNG.
13. Legal basis for processing
Article 6(1)(a) GDPR serves as the 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 performance of a contract to which the data subject is a party, as is the case, for example, in processing operations necessary for the delivery of goods or the provision of any other service or consideration, the processing is based on Article 6(1)(b) GDPR. The same applies to processing operations that are necessary for carrying out pre-contractual measures, such as in the case of inquiries concerning our products or services. If our company is subject to a legal obligation that requires the processing of personal data, such as for the fulfillment of tax obligations, the processing is based on Article 6(1)(c) GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data 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 Article 6(1)(d) GDPR. Finally, processing operations could be based on Article 6(1)(f) GDPR. This legal basis is used for processing operations that are not covered by any of the above-mentioned legal grounds if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the data controller (Recital 47 Sentence 2 GDPR).
14. Legitimate interests pursued by the controller or a third party
If the processing of personal data is based on Article 6(1)(f) GDPR, our legitimate interest is the conduct of our business for the benefit of the well-being of all our employees and our shareholders.
15. Duration for which the personal data will be stored
The criterion for the duration of the storage of personal data is the respective statutory retention period. After the expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.
16. Legal or contractual provisions for 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 failure to provide such data
We 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 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.
17. Existence of automated decision-making
As a responsible company, we do not use automated decision-making or profiling.
