We are very delighted that you have shown interest in our enterprise. Data protection is of a particularly high priority for the SMARTech Consulting. The use of the Internet pages of the SMARTech Consulting is possible without any indication of personal data. However, if a data subject wishes to make use of special services of 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 shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to the SMARTech Consulting. By means of this data protection declaration, our company would like to inform the public about the type, scope and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed of their rights by means of this privacy policy.
As the controller, the SMARTech Consulting has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. Nevertheless, Internet-based data transmissions can generally 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, e.g. by telephone.
1. Definitions
The data protection declaration of the SMARTech Consulting is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our privacy policy should be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would first like to explain the terminology used.
In this privacy policy, we use the following terms, among others
a) Personal data
Personal data is any information relating to an identified or identifiable natural person (“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 to 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 controller responsible for the processing.
c) Processing
Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or 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 is the marking of stored personal data with the aim of limiting their processing in the future.
e) Profiling
Profiling is 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 is 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 are not attributed to an identified or identifiable natural person.
g) Controller or Controller Responsible for the Processing
Controller or controller responsible for the processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
h) Processor
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
i) Recipient
Recipient is 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; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
j) Third party
Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorized to process personal data.
k) Consent
Consent of the data subject is 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 Controller
The controller within the meaning of the General Data Protection Regulation (GDPR), other data protection laws applicable in the member states of the European Union and other data protection regulations is
SMARTech Consulting GmbH i.G.
Kashif Azeem Arif
Kronstadter Straße 4, 81677 Munich, Germany
Germany
Phone: +49 89-54198166
Email: kashif@smartech-consulting.de
Website: www.smartech-consulting.de
3. Cookies
The Internet pages of the SMARTech Consulting use cookies. Cookies are text files that are stored on a computer system via an Internet browser.
Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier for the cookie. It consists of a string of characters that can be used to assign websites and servers to the specific internet browser in which the cookie was stored. This enables the websites and servers visited to distinguish the individual browser of the data subject from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified via the unique cookie ID.
Through the use of cookies, the SMARTech Consulting can provide the users of this website with more user-friendly services that would not be possible without the cookie setting.
By means of a cookie, the information and offers on our website can be optimized for the benefit of the user. As already mentioned, cookies enable us to recognize the users of our website. The purpose of this recognition is to make it easier for the user to use our website. The user of a website that uses cookies, for example, does not have to enter access data each time the website is accessed, as this is taken over by the website and the cookie is thus stored on the user’s computer system. Another example is the cookie of a shopping basket in an online store. The online store uses a cookie to remember the items that a customer has placed in the virtual shopping cart.
The data subject can prevent the setting of cookies by our website at any time by means of a corresponding 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.
4. Collection of General Data and Information
The website of the SMARTech Consulting collects a series of general data and information when a data subject or automated system calls up the website. This general data and information is stored in the server log files. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack.
When using these general data and information, the SMARTech Consulting does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. For this purpose, the SMARTech Consulting analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to 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 a data subject.
5. Contact Possibility via the Website
The website of the SMARTech Consulting contains information that enables a quick electronic contact to our enterprise, as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the controller by e-mail or via a contact form, the personal data transmitted by the data subject is automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the controller are stored for the purpose of processing or contacting the data subject. This personal data is not passed on to third parties.
6. Routine Deletion and Blocking of Personal Data
The controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to.
If the storage purpose no longer applies or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data is routinely blocked or erased in accordance with the statutory provisions.
7. Rights of the Data Subject
a) Right to Confirmation
Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact any employee of the controller.
b) Right of Access
Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. In addition, the European directives and regulations grant the data subject the right to access the following information.
the purposes of the processing;
the categories of personal data concerned;
the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations
where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period
the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing
the existence of the right to lodge a complaint with a supervisory authority
if the personal data was not collected from the data subject, all available information about its origin; the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) 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 data subject.
Furthermore, the data subject has a right of access as to whether personal data is transferred to a third country or to an international organization. If this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.
If a data subject wishes to avail himself of this right of access, he or she may, at any time, contact any employee of the controller.
c) Right to Rectification
Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact any employee of the controller.
d) Right to Erasure (Right to be Forgotten)
Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:
The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
the data subject withdraws consent on which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing
The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
The personal data have been processed unlawfully.
the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject
The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.
If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by the SMARTech Consulting, he or she may, at any time, contact any employee of the controller. An employee of SMARTech Consulting shall promptly ensure that the erasure request is complied with immediately.
If the controller has made the personal data public and is obliged to erase the personal data pursuant to Article 17(1) of the GDPR, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. An employees of the SMARTech Consulting will arrange the necessary measures in individual cases.
e) Right to Restriction of Processing
Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:
The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
The processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead.
The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defense of legal claims.
The data subject has objected to processing pursuant to Article 21(1) GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by the SMARTech Consulting, he or she may at any time contact any employee of the controller. The employee of the SMARTech Consulting will arrange the restriction of the processing.
f) Right to Data Portability
Each data subject shall have the right granted by the European legislator to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) 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 controller.
Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.
In order to assert the right to data portability, the data subject may at any time contact any employee of the SMARTech Consulting WENDEN.
g) Right to Object
Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.
The SMARTech Consulting shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defense of legal claims.
If the SMARTech Consulting processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This also applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to the SMARTech Consulting to the processing for direct marketing purposes, the SMARTech Consulting will no longer process the personal data for these purposes.
In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by the SMARTech Consulting 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 for reasons of public interest.
In order to exercise the right to object, the data subject may contact any employee of the SMARTech Consulting WENDEN. The data subject is also free, in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to exercise his or her right to object by automated means using technical specifications.
h) Automated Individual Decision-Making, including Profiling
Each data subject shall have 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 him or her, or similarly significantly affects him or her, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, of a contract between the data subject and the controller, or (2) is not authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is not based on the data subject’s explicit consent.
If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject’s explicit consent, the SMARTech Consulting shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.
If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may, at any time, contact any employee of the SMARTech Consulting WENDEN.
i) Right to Withdraw Consent under Data Protection Law
Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time.
If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact any employee of the SMARTech Consulting WENDEN.
8. Data Protection Provisions on the Application and Use of Facebook
On this website, the controller has integrated components of the enterprise Facebook. Facebook is a social network.
A social network is a place for social encounters on the Internet, an online community that generally allows users to communicate and interact with each other in a virtual space. A social network can serve as a platform for the exchange of opinions and experiences or enable the Internet community to provide personal or business-related information. Facebook allows social network users to create private profiles, upload photos and network through friend requests, among other things.
The operating company of Facebook is Facebook, Inc. with its registered office at 1 Hacker Way, Menlo Park, CA 94025, United States. If a person lives outside the United States or Canada, the controller is Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.
With each call-up to one of the individual pages of this Internet site, which is operated by the controller and on which a Facebook component (Facebook plug-ins) was integrated, the Internet browser on the information technology system of the data subject is automatically prompted to download a display of the corresponding Facebook component from Facebook through the Facebook component. An overview of all the Facebook plug-ins can be accessed at https://developers.facebook.com/docs/plugins/. During the course of this technical procedure, Facebook gains knowledge of what specific sub-page of our website was visited by the data subject.
If the data subject is logged in to Facebook at the same time, Facebook recognizes which specific subpage of our website is visited by the data subject each time the data subject accesses our website and for the entire duration of the respective stay on our website. This information is collected through the Facebook component and associated with the respective Facebook account of the data subject. If the data subject clicks on one of the Facebook buttons integrated on our website, e.g. the “Like” button, or if the data subject submits a comment, Facebook assigns this information to the personal Facebook user account of the data subject and stores the personal data.
Facebook always receives information via the Facebook component about the visit to our website by the data subject if the data subject is logged in to Facebook at the same time as accessing our website. This occurs regardless of whether the data subject clicks on the Facebook component or not. If such a transmission of information to Facebook is not desirable for the data subject, then he or she may prevent this by logging off from their Facebook account before a call-up to our website is made.
The privacy policy published by Facebook, which is available at https://facebook.com/about/privacy/, provides information about the collection, processing and use of personal data by Facebook. It also explains which settings options Facebook offers to protect the privacy of the data subject. In addition, various setting options are made available with which data transmission to Facebook can be prevented. These applications can be used by the data subject to prevent data transmission to Facebook.
9. Data Protection Provisions on the Application and Use of Google Analytics (with Anonymization Function)
On this website, the controller has integrated the component of Google Analytics (with the anonymizer function). Google Analytics is a web analytics service. Web analytics is the collection, recording and analysis of data about the behavior of visitors to websites. Among other things, a web analysis service collects data about which website a person came from (the so-called referrer), which subpages were visited or how often and for how long a subpage was viewed. Web analytics are mainly used to optimize a website and to carry out a cost-benefit analysis of Internet advertising.
The operator of the Google Analytics component is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, United States.
For the web analytics through Google Analytics the controller uses the application “_gat. _anonymizeIp”. This application is used by Google to shorten and anonymize the IP address of the data subject’s Internet connection if our websites are accessed from a member state of the European Union or another state party to the Agreement on the European Economic Area.
The purpose of the Google Analytics component is to analyze the traffic on our website. Google uses the collected data and information, inter alia, to evaluate the use of our website and to provide online reports, which show the activities on our websites, and to provide other services concerning the use of our Internet site for us.
Google Analytics places a cookie on the data subject’s IT system. The definition of cookies is explained above. By setting the cookie, Google is given the opportunity to analyze the use of our website. With each call-up to one of the individual pages of this Internet site, which is operated by the controller and into which a Google Analytics component was integrated, the Internet browser on the information technology system of the data subject will automatically submit data through the Google Analytics component for the purpose of online advertising and the settlement of commissions to Google. During the course of this technical procedure, the enterprise Google gains knowledge of personal information, such as the IP address of the data subject, which serves Google, inter alia, to understand the origin of visitors and clicks, and subsequently create commission settlements.
The cookie is used to store personal information, such as the access time, the location from which the access was made and the frequency of visits to our website by the data subject. With each visit to our website, this personal data, including the IP address of the Internet access used by the data subject, is transmitted to Google in the United States of America. This personal data is stored by Google in the United States of America. Google may share this personal data collected through the technical process with third parties.
The data subject may, as stated above, prevent the setting of cookies through our website at any time by means of a corresponding adjustment of the web browser used and thus permanently deny the setting of cookies. Such a setting of the Internet browser used would also prevent Google Analytics from setting a cookie on the information technology system of the data subject. In addition, cookies already set by Google Analytics can be deleted at any time via an internet browser or other software programs.
In addition, the data subject has the possibility of objecting to a collection of data that are generated by Google Analytics, which is related to the use of this website, as well as the processing of this data by Google and the chance to preclude any such. To do this, the data subject must download and install a browser add-on from the link https://tools.google.com/dlpage/gaoptout. This browser add-on informs Google Analytics via a JavaScript that no data and information about visits to websites may be transmitted to Google Analytics. The installation of the browser add-on is considered an objection by Google. If the data subject’s IT system is deleted, formatted or reinstalled at a later date, the data subject must reinstall the browser add-ons in order to deactivate Google Analytics. If the browser add-on was uninstalled or deactivated by the data subject or another person who is attributable to their sphere of control, it is possible to reinstall or reactivate the browser add-ons.
Further information and the applicable data protection provisions of Google may be retrieved under https://www.google.com/intl/en/policies/privacy/ and under http://www.google.com/analytics/terms/us.html. Google Analytics is explained in more detail at the following link https://www.google.com/analytics/.
10. Data Protection Provisions about the Application and Use of Google AdWords
The data controller has integrated Google AdWords on this website. Google AdWords is a service for Internet advertising that enables advertisers to place ads in the results of the Google search engine and the Google advertising network. Google AdWords allows the advertiser to predefine certain keywords, with the help of which an ad is only displayed in Google’s search results when the user uses the search engine to obtain a keyword-relevant search result. In the Google advertising network, the ads are distributed to relevant websites using an automatic algorithm, taking into account the previously defined keywords.
The operating company of Google AdWords is Google Inc. with its registered office at 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, UNITED STATES.
The purpose of Google AdWords is to advertise our website by displaying relevant advertising on third-party websites and in the search engine results of the Google search engine and by displaying third-party advertising on our website.
If a data subject reaches our website via a Google ad, a conversion cookie is placed on the data subject’s IT system by Google. The definition of cookies is explained above. A conversion cookie loses its validity after 30 days and is not used to identify the data subject. If the cookie has not yet expired, the conversion cookie is used to check whether certain sub-pages, e.g. the shopping cart from an online store system, have been accessed on our website. The conversion cookie enables both Google and the data controller to track whether a person who has accessed an AdWords ad on our website has generated sales, i.e. whether they have made or abandoned a purchase.
The data and information collected through the use of the conversion cookie is used by Google to compile visit statistics for our website. These visit statistics are used to determine the total number of users reached via AdWords ads, to determine the success or failure of individual AdWords ads and to optimize our AdWords ads for the future. Neither our company nor other Google AdWords advertisers receive information from Google that could be used to identify the data subject.
The conversion cookie stores personal information, e.g. the websites visited by the data subject. Each time our website is visited, personal data, including the IP address of the Internet access used by the data subject, is transmitted to Google in the United States of America. This personal data is stored by Google in the United States of America. Google may share this personal data collected through the technical process with third parties.
The data subject may, as stated above, prevent the setting of cookies through our website at any time by means of a corresponding adjustment of the web browser used and thus permanently deny the setting of cookies. Such a setting of the Internet browser used would also prevent Google from placing a conversion cookie on the data subject’s IT system. In addition, a cookie set by Google AdWords can be deleted at any time via the Internet browser or other software programs.
The data subject has the option of objecting to interest-based advertising by Google. To do this, the data subject must call up the link www.google.de/settings/ads from each of the browsers used and make the desired settings.
Further information and the applicable data protection provisions of Google may be retrieved under https://www.google.com/intl/en/policies/privacy/.
11. Data Protection Provisions about the Application and Use of Instagram
The controller has integrated components of the Instagram service on this website. Instagram is a service that can be described as an audiovisual platform and enables users to share photos and videos and to disseminate this data in other social networks.
The operating company of the services offered by Instagram is Instagram LLC, 1 Hacker Way, Building 14 First Floor, Menlo Park, CA, UNITED STATES.
With each call-up to one of the individual pages of this Internet site, which is operated by the controller and on which an Instagram component (Insta button) was integrated, the Internet browser on the information technology system of the data subject is automatically prompted to the download of a display of the corresponding Instagram component of Instagram. During the course of this technical procedure, Instagram is made aware of what specific sub-page of our website was visited by the data subject.
If the data subject is logged in at the same time on Instagram, Instagram recognizes with each call-up to our website by the data subject and for the entire duration of their stay on our Internet site, which specific sub-page of our Internet page was visited by the data subject. This information is collected through the Instagram component and associated with the respective Instagram account of the data subject. If the data subject clicks on one of the Instagram buttons integrated on our website, Instagram matches this information with the personal Instagram user account of the data subject and stores the personal data.
Instagram receives information via the Instagram component that the data subject has visited our website, provided that the data subject is logged in to Instagram at the time of the call-up to our website. This occurs regardless of whether the data subject clicks on the Instagram button or not. If the data subject does not want this information to be transmitted to Instagram, they can prevent the transmission by logging out of their Instagram account before accessing our website.
Further information and the applicable data protection provisions of Instagram may be retrieved under https://help.instagram.com/155833707900388 and https://www.instagram.com/about/legal/privacy/.
12. Data Protection Provisions about the Application and Use of YouTube
The data controller has integrated YouTube components on this website. YouTube is an Internet video portal that enables video publishers and other users to post video clips free of charge and to view, rate and comment on them free of charge. YouTube makes it possible to publish all types of videos, so that you can access full feature films and television programs as well as music videos, trailers and videos created by users via the Internet portal.
The operating company of YouTube is YouTube, LLC, 901 Cherry Ave, San Bruno, CA 94066, UNITED STATES. YouTube, LLC is a subsidiary of Google Inc, 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, UNITED STATES.
Each time one of the individual pages of this website is accessed, which is operated by the controller and on which a YouTube component (YouTube video) has been integrated, the Internet browser on the information technology system of the data subject is automatically prompted by the respective YouTube component to download a representation of the corresponding YouTube component. Further information about YouTube can be found at https://www.youtube.com/yt/about/en/. During the course of this technical procedure, YouTube and Google gain knowledge of what specific sub-page of our website was visited by the data subject.
If the data subject is logged in on YouTube, YouTube recognizes with each call-up to a sub-page that contains a YouTube video, which specific sub-page of our Internet site was visited by the data subject. This information is collected by YouTube and Google and assigned to the respective YouTube account of the data subject.
YouTube and Google receive information via the YouTube component that the data subject has visited our website if the data subject is logged in to YouTube at the time of accessing our website; this takes place regardless of whether the data subject clicks on a YouTube video or not. If the data subject does not want this information to be transmitted to YouTube and Google in this way, the transmission can be prevented by logging out of the data subject’s YouTube account before accessing our website.
YouTube’s privacy policy, available at https://www.google.com/intl/en/policies/privacy/, provides information about the collection, processing and use of personal data by YouTube and Google.
13. Legal Basis for the Processing
Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for 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 party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Art. 6(1)(b) GDPR. The same applies to such processing operations that are necessary to carry out pre-contractual measures, for example in the case of inquiries about our products or services. If our company is subject to a legal obligation which requires the processing of personal data, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or another natural person.
This would be the case, for example, if a visitor were injured in our company and their name, age, health insurance data or other vital information had to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1) lit. d GDPR. Finally, processing operations could be based on Art. 6(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned 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. A legitimate interest is to be assumed if the data subject is a customer of the controller (Recital 47 Sentence 2 GDPR).
14. The Legitimate Interests pursued by the Controller or by a Third Party
If the processing of personal data is based on Art. 6 para. 1 lit. f GDPR, our legitimate interest is the performance of our business activities for the benefit of the well-being of all our employees and shareholders.
15. Period for which the Personal Data will be stored
The criterion for determining the duration of the storage of personal data is the respective statutory retention period. After this period has expired, the corresponding data is routinely deleted, provided that it is no longer required for contract fulfillment or contract initiation.
16. Provision of Personal Data as a Legal or Contractual Obligation
Requirement necessary to enter into a contract; obligation of the data subject to provide the personal data; possible consequences of failure to provide such data.
We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual regulations (e.g. information on the contractual partner). Sometimes it may be necessary for a contract to be concluded for the 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 them. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject must contact an employee. The 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 would be if the personal data were not provided.
17. Existence of Automated Decision-Making
As a responsible company, we do not use automatic decision-making or profiling.
This Privacy Policy has been generated by the Privacy Policy Generator of the German Association for Data Protection that was developed in cooperation with RC GmbH, which sells used IT and the filesharing Lawyers from WBS-LAW.