With the following data protection declaration we would like to inform you about the types of personal data (hereinafter also referred to as “data”) we process, for what purposes and to what extent. The data protection declaration applies to all processing of personal data carried out by us, both in the context of providing our services and, in particular, on our websites, in mobile applications and within external online presences, such as our social media profiles (hereinafter also referred to collectively as “online offer”).
The terms used are not gender-specific.
Status: February 7, 2020
Table of contents
- Responsible person
- Overview of the processing operations
- Applicable legal basis
- Security measures
- Transmission and disclosure of personal data
- Commercial and business services
- Providing our online offer and web Hosting
- Deletion of data
- Rights of the data subjects
Overview of the processing operations
The following overview summarises the types of data processed and the purposes of their processing, and refers to the data subjects.
Types of data processed
- Inventory data (e.g. names, addresses).
- Content data (e.g. text entries, photographs, videos).
- Contact data (e.g. e-mail, telephone numbers).
- Meta/communication data (e.g. device information, IP addresses).
- Usage data (e.g. websites visited, interest in content, access times).
- Contract data (e.g. subject matter of contract, duration, customer category).
- Payment data (e.g. bank details, invoices, payment history).
Special categories of data
- Data revealing racial and ethnic origin.
Categories of data subjects
- Business and contractual partners.
- Interested parties.
- Communication partners.
- Users (e.g. website visitors, users of online services).
Purpose of the processing
- Office and organisational procedures.
- Contact requests and communication.
- Contractual services and service.
- Management and response to enquiries.
Applicable legal basis
In the following, we provide the legal basis of the German Datenschutzgrundverordnung (DSGVO), on the basis of which we process personal data. Please note that in addition to the regulations of the DSGVO, national data protection regulations may apply in your or our country of residence and domicile. If, in addition, more specific legal bases are applicable in individual cases, we will inform you of these in the data protection declaration.
- Einwilligung (Art. 6 Abs. 1 S. 1 lit. a DSGVO) – Die betroffene Person hat ihre Einwilligung in die Verarbeitung der sie betreffenden personenbezogenen Daten für einen spezifischen Zweck oder mehrere bestimmte Zwecke gegeben.
- Vertragserfüllung und vorvertragliche Anfragen (Art. 6 Abs. 1 S. 1 lit. b. DSGVO) – Die Verarbeitung ist für die Erfüllung eines Vertrags, dessen Vertragspartei die betroffene Person ist, oder zur Durchführung vorvertraglicher Maßnahmen erforderlich, die auf Anfrage der betroffenen Person erfolgen.
- Rechtliche Verpflichtung (Art. 6 Abs. 1 S. 1 lit. c. DSGVO) – Die Verarbeitung ist zur Erfüllung einer rechtlichen Verpflichtung erforderlich, der der Verantwortliche unterliegt.
- Berechtigte Interessen (Art. 6 Abs. 1 S. 1 lit. f. DSGVO) – Die Verarbeitung ist zur Wahrung der berechtigten Interessen des Verantwortlichen oder eines Dritten erforderlich, sofern nicht die Interessen oder Grundrechte und Grundfreiheiten der betroffenen Person, die den Schutz personenbezogener Daten erfordern, überwiegen.
National data protection regulations in Germany: In addition to the data protection regulations of the basic data protection regulation, national regulations on data protection apply in Germany. These include in particular the law on protection against misuse of personal data in data processing (Bundesdatenschutzgesetz – BDSG). In particular, the BDSG contains special regulations on the right to information, the right to deletion, the right of objection, the processing of special categories of personal data, processing for other purposes and transmission as well as automated decision making in individual cases including profiling. Furthermore, it regulates data processing for the purposes of the employment relationship (Section 26 BDSG), in particular with regard to the establishment, implementation or termination of employment relationships and the consent of employees. Furthermore, state data protection laws of the individual federal states may apply.
We take appropriate technical and organizational measures in accordance with legal requirements, taking into account the state of the art, implementation costs and the nature, scope, circumstances and purposes of the processing as well as the varying degrees of probability of occurrence and the extent of the threat to the rights and freedoms of natural persons, to ensure a level of protection commensurate with the risk.
These measures shall include in particular the safeguarding of confidentiality, integrity and availability of data by controlling physical and electronic access to data as well as access, input, disclosure, safeguarding of availability and segregation of data relating thereto. Furthermore, we have established procedures to ensure that data subjects’ rights are exercised, data is deleted, and responses are made to any threats to the data. Furthermore, we take the protection of personal data into account as early as the development or selection of hardware, software and processes in accordance with the principle of data protection, by designing technology and by using data protection-friendly default settings.
Transmission and disclosure of personal data
In the course of our processing of personal data, it may happen that the data is transferred to or disclosed to other bodies, companies, legally independent organisational units or persons. The recipients of this data may include, for example, payment institutions in the context of payment transactions, service providers commissioned with IT tasks or providers of services and content that are integrated into a website. In such cases we observe the legal requirements and in particular conclude appropriate contracts or agreements with the recipients of your data which serve to protect your data.
Cookies are text files that contain data from visited websites or domains and are stored by a browser on the user’s computer. A cookie is primarily used to store information about a user during or after his visit within an online offer. The stored information may include, for example, the language settings on a website, the login status, a shopping cart or the location where a video was viewed. The term “cookies” also includes other technologies that perform the same functions as cookies (e.g., when user information is stored using pseudonymous online identifiers, also referred to as “user IDs”)
The following cookie types and functions are differentiated:
- Temporary cookies (also: session cookies): Temporary cookies are deleted at the latest after a user has left an online offer and closed his browser.
- Permanent cookies: Permanent cookies remain stored even after the browser is closed. For example, the login status can be saved or preferred content can be displayed directly when the user visits a website again. The interests of users used for reach measurement or marketing purposes can also be stored in such a cookie.
- First-party cookies: First-party cookies are set by us.
- Third party cookies: Third party cookies are mainly used by advertisers (so-called third parties) to process user information.
- Necessary (also: essential or absolutely necessary) cookies: Cookies can be absolutely necessary for the operation of a website (e.g. to store logins or other user entries or for security reasons).
In addition, you can receive further notices of objection in the context of the information on the service providers and cookies used.
- Processed data types: Usage data (e.g. websites visited, interest in content, access times), meta/communication data (e.g. device information, IP addresses).
- Data subjects: Users (e.g. website visitors, users of online services).
- Legal basis: Consent (Art. 6 Abs. 1 S. 1 lit. a DSGVO), legitimate interests (Art. 6 Abs. 1 S. 1 lit. f. DSGVO).
Commercial and business services
We process data of our contractual and business partners, e.g. customers and interested parties (collectively referred to as “contractual partners”) within the scope of contractual and comparable legal relationships as well as associated measures and within the scope of communication with the contractual partners (or pre-contractual), e.g. to answer inquiries.
We process these data in order to fulfil our contractual obligations, to safeguard our rights and for the purposes of the administrative tasks associated with these data and for the purposes of the business organisation. Within the framework of the applicable law, we only pass on the data of the contractual partners to third parties to the extent that this is necessary for the aforementioned purposes or to fulfil legal obligations or with the consent of the contractual partners (e.g. to participating telecommunication, transport and other auxiliary services as well as subcontractors, banks, tax and legal advisors, payment service providers or tax authorities). The contractual partners will be informed about other forms of processing, e.g. for marketing purposes, within the scope of this data protection declaration.
We inform our contractual partners which data are required for the above-mentioned purposes before or within the scope of data collection, e.g. in online forms, by special marking (e.g. colours) or symbols (e.g. asterisks or similar), or personally.
We delete the data after expiry of legal warranty and comparable obligations, i.e., in principle after 4 years, unless the data is stored in a customer account, e.g., as long as it must be kept for legal archiving reasons (e.g., for tax purposes usually 10 years). We will delete data that has been disclosed to us by the contractual partner within the scope of an order in accordance with the specifications of the order, generally after the end of the order.
If we use third-party providers or platforms to provide our services, the terms and conditions and data protection notices of the respective third-party providers or platforms apply in the relationship between users and providers.
Tax consultancy: We process the data of our clients as well as interested parties and other clients or contractual partners (uniformly referred to as “clients”) in order to be able to provide them with our contractual or pre-contractual services, in particular consulting or accounting services. The processed data, the type, scope, purpose and necessity of their processing are determined by the underlying contractual and client relationship.
Within the scope of our activities, we may also process special categories of data, in particular data concerning the health of clients, possibly with reference to their sexual life or sexual orientation, as well as genetic data and data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs or trade union membership. To this end, we obtain the express consent of the clients, if necessary, and otherwise process the special categories of data for purposes of health care or to protect the vital interests of the clients.
Insofar as it is necessary for our performance of the contract, for the protection of vital interests or legally required, or if the client’s consent has been obtained, we disclose or transfer the client’s data to third parties or agents, such as authorities, courts or in the field of IT, office or comparable services, in compliance with the provisions of professional law.
- Data types processed: inventory data (e.g. names, addresses), payment data (e.g. bank details, invoices, payment history), contact data (e.g. e-mail, telephone numbers), contract data (e.g. subject matter of contract, duration, customer category).
- Special categories of data: Health data (Art. 9 Abs. 1 DGSVO), religious or ideological beliefs (Art. 9 Abs. 1 DGSVO), trade union membership (Art. 9 Abs. 1 DGSVO), data revealing racial or ethnic origin.
- Data subjects: Interested parties, business and contractual partners, clients.
- Purposes of processing: contractual services and assistance, contact requests and communication, office and organisational procedures, management and response to requests.
- Legal basis: Fulfilment of contract and pre-contractual enquiries (Art. 6 Abs. 1 S. 1 lit. b. DSGVO), Legal obligation (Art. 6 Abs. 1 S. 1 lit. c. DSGVO), Legitimate interests (Art. 6 Abs. 1 S. 1 lit. c. DSGVO).
When contacting us (e.g. via contact form, e-mail, telephone), the data of the inquiring persons will be processed to the extent that this is necessary to answer the contact inquiries and any requested measures.
The response to contact enquiries within the framework of contractual or pre-contractual relations is made in order to fulfil our contractual obligations or to respond to (pre)contractual enquiries and otherwise on the basis of our legitimate interest in responding to the enquiries.
- Processed data types: inventory data (e.g. names, addresses), contact data (e.g. e-mail, telephone numbers), content data (e.g. text entries, photographs, videos).
- Persons concerned: communication partners.
- Purposes of processing: contact requests and communication.
- Legal basis: Fulfilment of contract and pre-contractual enquiries (Art. 6 Abs. 1 S. 1 lit. b. DSGVO), legitimate interests (Art. 6 Abs. 1 S. 1 lit. b. DSGVO).
Providing our online offer and web hosting
In order to provide our online services securely and efficiently, we use the services of one or more web hosting providers from whose servers (or servers managed by them) the online services can be accessed. For these purposes, we may use infrastructure and platform services, computing capacity, storage space and database services, and security and technical maintenance services.
The data processed within the framework of the provision of the hosting offer may include all data relating to the users of our online offer, which are generated within the framework of use and communication. This regularly includes the IP address, which is necessary to be able to deliver the contents of online offers to browsers, and all entries made within our online offer or from websites.
E-mail delivery and hosting: The web hosting services we use also include the delivery, receipt and storage of e-mails. For these purposes, the addresses of the recipients and senders as well as other information concerning the e-mail delivery (e.g. the providers involved) and the contents of the respective e-mails are processed. The aforementioned data may also be processed for the purpose of SPAM detection. Please note that e-mails on the Internet are generally not sent in encrypted form. As a rule, e-mails are encrypted in transit, but (unless an end-to-end encryption method is used) not on the servers from which they are sent and received. We can therefore not assume any responsibility for the transmission path of the e-mails between the sender and the reception on our server.
- Processed data types: Content data (e.g. text entries, photographs, videos), usage data (e.g. websites visited, interest in content, access times), meta/communication data (e.g. device information, IP addresses).
- Affected persons: Users (e.g. website visitors, users of online services).
- Legal basis: legitimate interests (Art. 6 Abs. 1 S. 1 lit. f. DSGVO).
Deletion of data
The data processed by us will be deleted in accordance with the statutory provisions as soon as their consent permitted for processing is revoked or other permissions cease to apply (e.g. if the purpose for which the data were processed ceases to apply or they are not necessary for the purpose).
Unless the data are deleted because they are required for other and legally permissible purposes, their processing is limited to these purposes. This means that the data is blocked and not processed for other purposes. This applies, for example, to data that must be retained for reasons of commercial or tax law or that must be stored for the assertion, exercise or defence of legal claims or to protect the rights of another natural or legal person.
We ask you to inform yourself regularly about the content of our data protection declaration. We will adapt the data protection declaration as soon as changes in the data processing carried out by us make this necessary. We will inform you as soon as the changes make it necessary for you to take action to cooperate (e.g. to give your consent) or to receive other individual notification.
Rights of the data subjects
As a data subject, you are entitled to various rights under the DSGVO, which result in particular from Articles 15 to 18 and 21 DSGVO:
- Right of objection: You have the right to object at any time, for reasons arising from your particular situation, to the processing of personal data relating to you which is carried out pursuant to Art. 6 Abs. 1 lit. e oder f DSGVO; this also applies to profiling based on these provisions. If the personal data concerning you are processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purpose of such marketing, including profiling, insofar as it is linked to such direct marketing.
- Right to withdraw consent: You have the right to withdraw any consent given at any time.
- Right of access: You have the right to obtain confirmation as to whether or not data in question is being processed and to obtain information about such data and to receive further information and a copy of the data in accordance with the law.
- Right of rectification: You have the right to ask for the completion of the data concerning you or the rectification of incorrect data concerning you, in accordance with the law.
- Right to erasure and limitation of processing: You have the right to request that data concerning you be erased immediately in accordance with the law or, alternatively, that the processing of such data be limited in accordance with the law.
- Right to data transferability: You have the right to obtain, in accordance with the law, data concerning you that you have provided to us in a structured, common and machine-readable format or to request that it be transferred to another responsible party.
- Complaints to the supervisory authority: You also have the right, in accordance with the statutory provisions, to lodge a complaint with a supervisory authority, in particular in the Member State in which you have your habitual residence, your place of work or the place where the alleged infringement occurred, if you believe that the processing of personal data relating to you is in breach of the DSGVO.
- Personal data: ‘personal data’ shall mean any information relating to an identified or identifiable natural person (hereinafter referred to as ‘data subject’); an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, a location data, an online identifier (e.g. a cookie) or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural Person
- Responsible: “Responsible” shall mean the natural or legal person, public authority, agency or any other body which alone or jointly with others determines the purposes and means of the processing of personal data.
- Processing: “Processing” shall mean any operation or set of operations which is performed upon personal data, whether or not by automatic means. The term is broad and covers virtually all processing of data, whether it be collection, analysis, storage, communication or deletion.