1. Definitions
This privacy policy of forestly gUG (haftungsbeschränkt) is based on the terminology used by the European legislator when adopting the General Data Protection Regulation (GDPR). Our privacy policy is intended to be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to explain the terminology used in advance. In this privacy policy, we use, among other things, the following terms:
a) Personal data
Personal data means any information relating to an identified or identifiable natural person (hereinafter “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
A data subject is any identified or identifiable natural person whose personal data is processed by the controller responsible for the processing.
c) Processing
Processing means 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, organisation, 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 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 analyse or predict aspects concerning performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements of that natural person.
f) Pseudonymisation
Pseudonymisation 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 organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
g) Controller or person responsible for the processing
Controller or person 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 law or the law of the Member States, the controller or the specific criteria for its designation may be provided for by Union law or the law of the Member States.
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 law or the law of the Member States shall not be regarded as recipients.
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 authorised to process personal data.
k) Consent
Consent means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which the data subject, 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 responsible for the processing
The controller within the meaning of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union and other provisions with data protection character is:
- forestly gUG (haftungsbeschränkt)
- Dudenstr. 72, 10965 Berlin, Germany
- E-mail: info@forest.ly
- Website: https://forest.ly
3. Cookies
The website of forestly gUG (haftungsbeschränkt) uses cookies. Cookies are text files that are stored and saved on a computer system via an internet browser. Many 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 enables visited websites and servers to distinguish the individual browser of the data subject from other internet browsers that contain other cookies. A specific internet browser can be recognised and identified using the unique cookie ID. Through the use of cookies, forestly gUG (haftungsbeschränkt) can provide users of this website with more user-friendly services that would not be possible without setting cookies. By means of a cookie, the information and offers on our website can be optimised in the interests of the user. Cookies allow us, as mentioned above, to recognise users of our website. The purpose of this recognition is to make it easier for users to use our website. For example, a user of a website that uses cookies does not have to re-enter login details each time they visit the website because this is handled 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 shop remembers the items 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 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 forestly gUG (haftungsbeschränkt) collects a series of general data and information with each call of the website by a data subject or an automated system. This general data and information is stored in the server log files. The following may be collected:
- browser types and versions used,
- the operating system used by the accessing system,
- the website from which an accessing system reaches our website (so-called referrers),
- the sub-websites accessed via an accessing system on our website,
- the date and time of access to the website,
- an internet protocol address (IP address),
- the internet service provider of the accessing system, and
- other similar data and information that serves to avert danger in the event of attacks on our information technology systems.
When using these general data and information, forestly gUG (haftungsbeschränkt) does not draw any conclusions about the data subject. Rather, this information is needed to:
- deliver the content of our website correctly,
- optimise the content of our website as well as advertising for it,
- ensure the long-term functionality of our information technology systems and the technology of our website, and
- provide law enforcement authorities with the information necessary for prosecution in the event of a cyber attack.
These anonymously collected data and information are therefore evaluated by forestly gUG (haftungsbeschränkt) statistically and with the aim of increasing data protection and data security in our company, in order to ultimately ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from any personal data provided by a data subject.
5. Subscription to our newsletter
On the website of forestly gUG (haftungsbeschränkt), users are given the opportunity to subscribe to our company newsletter. Which personal data are transmitted to the controller when ordering the newsletter is determined by the input form used for this purpose. forestly gUG (haftungsbeschränkt) informs customers and business partners at regular intervals by means of a newsletter about offers of the company. The company newsletter can only be received by the data subject if: (1) the data subject has a valid e-mail address, and (2) the data subject registers for the newsletter shipping. For legal reasons, a confirmation e-mail in the double opt-in procedure is sent to the e-mail address entered by the data subject for the first time for newsletter shipping. This confirmation e-mail is used to check whether the owner of the e-mail address, as the data subject, has authorised the receipt of the newsletter. When subscribing to the newsletter, we also store the IP address assigned by the internet service provider (ISP) of the computer system used by the data subject at the time of registration as well as the date and time of registration. The collection of this data is necessary in order to be able to trace the (possible) misuse of the e-mail address of a data subject at a later date and thus serves the legal protection of the controller. The personal data collected as part of the newsletter subscription will be used exclusively for sending our newsletter. Furthermore, subscribers may be informed by e-mail if this is necessary for the operation of the newsletter service or a related registration, such as in the case of changes to the newsletter offering or changes in technical circumstances. There is no transfer of personal data collected by the newsletter service to third parties. The subscription to our newsletter may be terminated by the data subject at any time. The consent to the storage of personal data which the data subject has given for the newsletter shipping may be revoked at any time. For the purpose of revocation of consent, a corresponding link can be found in every newsletter. It is also possible to unsubscribe from the newsletter at any time directly on the website of the controller or to inform the controller of this in another way.
6. Newsletter tracking
The newsletters of forestly gUG (haftungsbeschränkt) contain so-called tracking pixels. A tracking pixel is a miniature graphic embedded in such e-mails that are sent in HTML format to enable log file recording and log file analysis. This makes it possible to perform a statistical evaluation of the success or failure of online marketing campaigns. Based on the embedded tracking pixel, forestly gUG (haftungsbeschränkt) can see if and when an e-mail was opened by a data subject and which links in the e-mail were accessed by the data subject. Such personal data collected via the tracking pixels contained in the newsletters are stored and evaluated by the controller in order to optimise the newsletter shipping and to adapt the content of future newsletters even better to the interests of the data subject. This personal data is not passed on to third parties. Data subjects are entitled to revoke the separate consent declaration issued via the double opt-in procedure at any time. After a revocation, these personal data will be deleted by the controller. An unsubscribe from the receipt of the newsletter is automatically interpreted by forestly gUG (haftungsbeschränkt) as a revocation.
7. Contact options via the website
The website of forestly gUG (haftungsbeschränkt) contains information that enables quick electronic contact to our company as well as direct communication with us, which also includes a general address of 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 are 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. There is no transfer of this personal data to third parties.
8. Routine deletion and blocking of personal data
The controller processes and stores personal data of the data subject only for the period necessary to achieve the purpose of storage, or insofar as this is provided for by the European legislator or another legislator in laws or regulations to which the controller is subject. If the purpose of storage no longer applies or a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or deleted in accordance with legal requirements.
9. Rights of the data subject
a) Right to confirmation
Each data subject has the right granted by the European legislator to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to exercise this right of confirmation, he or she may, at any time, contact an employee of the controller.
b) Right of access
Each data subject affected by the processing of personal data has the right granted by the European legislator to obtain from the controller free information about his or her stored personal data and a copy of this information at any time. Furthermore, the European legislator has granted the data subject access to 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 organisations; 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, or to object to such processing; the existence of the right to lodge a complaint with a supervisory authority; where the personal data are not collected from the data subject, any available information as to their source; 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 the right to obtain information as to whether personal data are transferred to a third country or to an international organisation. Where this is the case, the data subject also has the right to be informed of the appropriate safeguards relating to the transfer. If a data subject wishes to exercise this right of access, he or she may, at any time, contact an employee of the controller.
c) Right to rectification
Each data subject affected by the processing of personal data has the right granted by the European legislator to obtain without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject also has 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 an employee of the controller.
d) Right to erasure (right to be forgotten)
Each data subject affected by the processing of personal data has the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay where one of the following grounds applies and insofar 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 Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR, and where there is no other legal ground for the processing. The data subject objects to the processing pursuant to Art. 21(1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Art. 21(2) GDPR. The personal data have been unlawfully processed. The personal data must 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 pursuant to Art. 8(1) GDPR. If one of the above reasons applies and a data subject wishes to request the erasure of personal data stored by forestly gUG (haftungsbeschränkt), he or she may, at any time, contact an employee of the controller. The employee of forestly gUG (haftungsbeschränkt) will ensure that the erasure request is complied with immediately. If the personal data have been made public by forestly gUG (haftungsbeschränkt) and our company is obliged pursuant to Art. 17(1) GDPR to erase the personal data, forestly gUG (haftungsbeschränkt), taking into account available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the published personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data, insofar as processing is not required. The employee of forestly gUG (haftungsbeschränkt) will arrange the necessary measures in individual cases.
e) Right to restriction of processing
Each data subject affected by the processing of personal data has 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 defence of legal claims. The data subject has objected to processing pursuant to Art. 21(1) GDPR and it is not yet verified whether the legitimate grounds of the controller override those of the data subject. If one of the above conditions is met and a data subject wishes to request the restriction of the processing of personal data stored by forestly gUG (haftungsbeschränkt), he or she may, at any time, contact an employee of the controller. The employee of forestly gUG (haftungsbeschränkt) will arrange the restriction of the processing.
f) Right to data portability
Each data subject affected by the processing of personal data has the right granted by the European legislator to receive the personal data concerning him or her, which was provided by the data subject to a controller, in a structured, commonly used and machine-readable format. The data subject has 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 Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR or on a contract pursuant to Art. 6(1)(b) GDPR and the processing is carried out by automated means, provided that 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 the right to data portability pursuant to Art. 20(1) GDPR, the data subject has the right to have the personal data transmitted directly from one controller to another, where technically feasible and where this 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 an employee of forestly gUG (haftungsbeschränkt).
g) Right to object
Each data subject affected by the processing of personal data has 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 Art. 6(1)(e) or (f) GDPR. This also applies to profiling based on these provisions. forestly gUG (haftungsbeschränkt) will 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 defence of legal claims. If forestly gUG (haftungsbeschränkt) processes personal data for direct marketing purposes, the data subject has the right to object at any time to the 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 forestly gUG (haftungsbeschränkt) to the processing for direct marketing purposes, forestly gUG (haftungsbeschränkt) will no longer process the personal data for these purposes. In addition, the data subject has the right to object, on grounds relating to his or her particular situation, to processing of personal data concerning him or her by forestly gUG (haftungsbeschränkt) for scientific or historical research purposes, or for statistical purposes pursuant to Art. 89(1) GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest. To exercise the right to object, the data subject may contact any employee of forestly gUG (haftungsbeschränkt) or another employee. In addition, the data subject is free to exercise the right to object by automated means using technical specifications, in the context of the use of information society services, notwithstanding Directive 2002/58/EC.
(h) Automated individual decision-making, including profiling
Each data subject affected 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 him or her, or similarly significantly affects him or her, as long as the decision (1) is not necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) is authorised by Union or Member State law to which the controller is subject and that law lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is based on the data subject’s explicit consent. If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) it is based on the data subject’s explicit consent, forestly gUG (haftungsbeschränkt) 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 to contest the decision. If the data subject wishes to exercise rights with regard to automated decisions, he or she may, at any time, contact an employee of the controller.
i) Right to withdraw consent under data protection law
Each data subject affected 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. If the data subject wishes to exercise the right to withdraw consent, he or she may, at any time, contact an employee of the controller.
10. Privacy Policy Provisions on the Use and Deployment of Facebook
The controller responsible for processing has integrated components of the company Facebook on this website. Facebook is a social network. A social network is an online social meeting place, an online community that generally enables users to communicate with each other and interact in a virtual space. A social network can serve as a platform for exchanging opinions and experiences or enables the internet community to provide personal or business-related information. Among other things, Facebook enables users of the social network to create private profiles, upload photos, and connect via friend requests. The operating company of Facebook is Facebook, Inc., 1 Hacker Way, Menlo Park, CA 94025, USA. If a data subject lives outside the USA or Canada, the controller responsible for the processing of personal data is Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland. With each visit to one of the individual pages of this website, which is operated by the controller and on which a Facebook component (Facebook plug-in) has been integrated, the internet browser on the data subject’s IT system is automatically prompted by the respective Facebook component to download a representation of the corresponding Facebook component from Facebook. An overview of all Facebook plug-ins can be accessed via this link . As part of this technical procedure, Facebook receives information about which specific subpage of our website is visited by the data subject. If the data subject is logged into Facebook at the same time, Facebook recognizes which specific subpage of our website the data subject visits with each call to our website and for the entire duration of the stay on our website. This information is collected by the Facebook component and assigned by Facebook to the respective Facebook account of the data subject. If the data subject clicks one of the Facebook buttons integrated on our website, for example the “Like” button, or leaves a comment, Facebook assigns this information to the data subject’s personal Facebook user account and stores this personal data. Facebook always receives information via the Facebook component that the data subject has visited our website if the data subject is logged into Facebook at the time of accessing our website; this occurs regardless of whether the data subject clicks the Facebook component or not. If the data subject does not want such transmission of information to Facebook, they can prevent it by logging out of their Facebook account before accessing our website. The data policy published by Facebook, which can be accessed here , provides information on the collection, processing, and use of personal data by Facebook. It also explains which settings options Facebook offers to protect the data subject’s privacy. In addition, various applications are available that make it possible to suppress data transmission to Facebook. Such applications can be used by the data subject to suppress data transmission to Facebook.
11. Privacy Policy Provisions on the Use and Deployment of Google Analytics (with Anonymization Function)
The controller responsible for processing has integrated the Google Analytics component (with anonymization function) on this website. Google Analytics is a web analytics service. Web analytics is the collection, gathering, and evaluation of data about the behavior of visitors to websites. A web analytics service collects, among other things, data about which website a data subject came from (so-called referrers), which subpages were accessed, or how often and for what duration a subpage was viewed. Web analytics is mainly used to optimize a website and for cost-benefit analysis of internet advertising. The operating company of the Google Analytics component is Google Ireland Limited, Gordon House, Barrow Street, Dublin, D04 E5W5, Ireland. For web analytics via Google Analytics, the controller uses the add-on “_gat._anonymizeIp”. By means of this add-on, the IP address of the data subject’s internet connection is shortened and anonymized by Google when access to our websites occurs from a Member State of the European Union or from another contracting state to the Agreement on the European Economic Area. The purpose of the Google Analytics component is to analyze visitor flows on our website. Google uses the obtained data and information, among other things, to evaluate the use of our website, to compile online reports for us that show activities on our website, and to provide other services related to the use of our website. Google Analytics sets a cookie on the data subject’s IT system. What cookies are has already been explained above. By setting the cookie, Google is enabled to analyze the use of our website. With each call to one of the individual pages of this website, which is operated by the controller and on which a Google Analytics component has been integrated, the internet browser on the data subject’s IT system is automatically prompted by the respective Google Analytics component to transmit data to Google for the purpose of online analysis. In the course of this technical procedure, Google gains 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. By means of 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. With each visit to our website, 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 pass this personal data collected via the technical procedure on to third parties. The data subject can prevent the setting of cookies by our website at any time by means of a corresponding setting in the internet browser used, and thus permanently object to the setting of cookies. Such a setting of the internet browser used would also prevent Google from setting a cookie on the data subject’s IT system. In addition, a cookie 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 possibility to object to and prevent the collection of data generated by Google Analytics relating to 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 link . This browser add-on informs Google Analytics via 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 later deleted, formatted, or newly installed, the data subject must reinstall the browser add-on to disable Google Analytics. If the browser add-on is uninstalled or deactivated by the data subject or by another person attributable to their sphere of control, it is possible to reinstall or reactivate the browser add-on. Further information and the applicable privacy provisions of Google can be accessed here and here . Google Analytics is explained in more detail at this link .
12. Privacy Policy Provisions on the Use and Deployment of Instagram
The controller responsible for processing has integrated components of the Instagram service on this website. Instagram is a service that qualifies as an audiovisual platform and allows users to share photos and videos and to further distribute such data in other social networks. The operating company of Instagram’s services is Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland. With each call to one of the individual pages of this website, which is operated by the controller and on which an Instagram component (Insta button) has been integrated, the internet browser on the data subject’s IT system is automatically prompted by the respective Instagram component to download a representation of the corresponding component from Instagram. As part of this technical procedure, Instagram receives knowledge of which specific subpage of our website is visited by the data subject. If the data subject is logged into Instagram at the same time, Instagram recognizes which specific subpage the data subject visits with each call to our website and for the entire duration of the stay on our website. This information is collected by the Instagram component and assigned by Instagram to the respective Instagram account of the data subject. If the data subject clicks one of the Instagram buttons integrated on our website, the data and information transmitted thereby are assigned to the data subject’s personal Instagram user account and stored and processed by Instagram. Instagram always receives information via the Instagram component that the data subject has visited our website if the data subject is logged into Instagram at the time of accessing our website; this occurs regardless of whether the data subject clicks the Instagram component or not. If the data subject does not want such transmission of information to Instagram, they can prevent it by logging out of their Instagram account before accessing our website. Further information and the applicable privacy provisions of Instagram can be accessed here and here .
13. Privacy Policy Provisions on the Use and Deployment of LinkedIn
The controller responsible for processing has integrated components of LinkedIn Corporation on this website. LinkedIn is an internet-based social network that enables users to connect with existing business contacts and to establish new business contacts. More than 400 million registered people use LinkedIn in more than 200 countries. LinkedIn is currently the largest platform for business contacts and one of the most visited websites in the world. The operating company of LinkedIn is LinkedIn Corporation, 2029 Stierlin Court, Mountain View, CA 94043, USA. For privacy matters outside the USA, LinkedIn Ireland, Privacy Policy Issues, Wilton Plaza, Wilton Place, Dublin 2, Ireland, is responsible. With each individual call to our website that is equipped with a LinkedIn component (LinkedIn plug-in), this component prompts the browser used by the data subject to download a corresponding representation of the component from LinkedIn. Further information about the LinkedIn plug-ins can be accessed here . As part of this technical procedure, LinkedIn receives knowledge of which specific subpage of our website is visited by the data subject. If the data subject is logged into LinkedIn at the same time, LinkedIn recognizes which specific subpage of our website the data subject visits with each call to our website and for the entire duration of the stay on our website. This information is collected by the LinkedIn component and assigned by LinkedIn to the respective LinkedIn account of the data subject. If the data subject clicks a LinkedIn button integrated on our website, LinkedIn assigns this information to the data subject’s personal LinkedIn user account and stores this personal data. LinkedIn always receives information via the LinkedIn component that the data subject has visited our website if the data subject is logged into LinkedIn at the time of accessing our website; this occurs regardless of whether the data subject clicks the LinkedIn component or not. If the data subject does not want such transmission of information to LinkedIn, they can prevent it by logging out of their LinkedIn account before accessing our website. LinkedIn offers the option here to opt out of e-mail messages, SMS messages, and targeted ads, and to manage ad settings. LinkedIn also uses partners such as Quantcast, Google Analytics, BlueKai, DoubleClick, Nielsen, Comscore, Eloqua, and Lotame, which may set cookies. Such cookies can be rejected here . LinkedIn’s applicable privacy provisions are available here . LinkedIn’s cookie policy is available here .
14. Privacy Policy Provisions on the Use and Deployment of Twitter
The controller responsible for processing has integrated components of Twitter on this website. Twitter is a multilingual, publicly accessible microblogging service on which users can publish and disseminate so-called tweets, i.e., short messages limited to 280 characters. These short messages are accessible to everyone, including persons not registered on Twitter. The tweets are also displayed to the so-called followers of the respective user. Followers are other Twitter users who follow a user’s tweets. Furthermore, Twitter enables addressing a broad audience via hashtags, links, or retweets. The operating company is Twitter International Company, One Cumberland Place, Fenian Street, Dublin 2, D02 AX07, Ireland. With each call to one of the individual pages of this website, which is operated by the controller and on which a Twitter component (Twitter button) has been integrated, the internet browser on the data subject’s IT system is automatically prompted by the respective Twitter component to download a representation of the corresponding Twitter component from Twitter. Further information about the Twitter buttons is available here . As part of this technical procedure, Twitter receives knowledge of which specific subpage of our website is visited by the data subject. The purpose of integrating the Twitter component is to enable our users to disseminate the content of this website, to make this website known in the digital world, and to increase our visitor numbers. If the data subject is logged into Twitter at the same time, Twitter recognizes which specific subpage of our website the data subject visits with each call to our website and for the entire duration of the stay on our website. This information is collected by the Twitter component and assigned by Twitter to the respective Twitter account of the data subject. If the data subject clicks one of the Twitter buttons integrated on our website, the data and information transmitted thereby are assigned to the data subject’s personal Twitter user account and stored and processed by Twitter. Twitter always receives information via the Twitter component that the data subject has visited our website if the data subject is logged into Twitter at the time of accessing our website; this occurs regardless of whether the data subject clicks the Twitter component or not. If the data subject does not want such transmission of information to Twitter, they can prevent it by logging out of their Twitter account before accessing our website. Twitter’s applicable privacy provisions are available here .
15. Privacy Policy Provisions on the Use and Deployment of YouTube
The controller responsible for processing has integrated components of YouTube on this website. YouTube is an internet video portal that enables video publishers to upload video clips free of charge and other users to view, rate, and comment on them also free of charge. YouTube allows the publication of all kinds of videos; therefore, complete films and television programs, music videos, trailers, or user-created videos can be accessed via the internet portal. The operating company of YouTube is Google Ireland Limited, Gordon House, Barrow Street, Dublin, D04 E5W5, Ireland. With each call to one of the individual pages of this website, which is operated by the controller and on which a YouTube component (YouTube video) has been integrated, the internet browser on the data subject’s IT system is automatically prompted by the respective YouTube component to download a representation of the corresponding YouTube component from YouTube. Further information about YouTube can be accessed here . As part of this technical procedure, YouTube and Google receive knowledge of which specific subpage of our website is visited by the data subject. If the data subject is logged into YouTube at the same time, YouTube recognizes which specific subpage of our website the data subject visits when calling a subpage that contains a YouTube video. This information is collected by YouTube and Google and assigned to the respective YouTube account of the data subject. YouTube and Google always receive information via the YouTube component that the data subject has visited our website if the data subject is logged into YouTube at the time of accessing our website; this occurs regardless of whether the data subject clicks a YouTube video or not. If the data subject does not want such transmission of information to YouTube and Google, they can prevent it by logging out of their YouTube account before accessing our website. The privacy provisions published by YouTube, which are accessible here , provide information on the collection, processing, and use of personal data by YouTube and Google.
16. Legal Basis for Processing
Art. 6(1)(a) GDPR (DS-GVO) 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 party, as is the case, for example, for processing operations required for the delivery of goods or the provision of any other service or consideration, the processing is based on Art. 6(1)(b) GDPR (DS-GVO). The same applies to processing operations required to carry out pre-contractual measures, for example, in cases of inquiries about our products or services. If our organization is subject to a legal obligation that requires processing of personal data, such as for compliance with tax obligations, processing is based on Art. 6(1)(c) GDPR (DS-GVO). In rare cases, processing of personal data may be necessary to protect vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured on our premises 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)(d) GDPR (DS-GVO). Ultimately, processing operations may be based on Art. 6(1)(f) GDPR (DS-GVO). This legal basis applies to processing operations not covered by any of the aforementioned legal bases, when processing is necessary for the purposes of legitimate interests pursued by our organization or by a third party, provided that the interests, fundamental rights, and freedoms of the data subject do not override those interests. Such processing operations are permitted in particular because they have been specifically mentioned by the European legislator. The legislator took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47 sentence 2 GDPR (DS-GVO)).
17. Legitimate Interests in Processing Pursued by the Controller or a Third Party
Where the processing of personal data is based on Art. 6(1)(f) GDPR (DS-GVO), our legitimate interest is the conduct of our business activities for the benefit and well-being of all our employees and our shareholders.
18. Duration for Which Personal Data Is Stored
The criterion for the duration of the storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, provided it is no longer necessary for contract performance or contract initiation.
19. Statutory or Contractual Requirements to Provide Personal Data; Necessity for Contract Conclusion; Obligation of the Data Subject to Provide Personal Data; Possible Consequences of Failure to Provide
We inform you that the provision of personal data is partly required by law (e.g., tax regulations) or may result from contractual arrangements (e.g., details about the contractual partner). In some cases, it may be necessary for the conclusion of a contract that a data subject provides personal data to us which must then be processed by us. For example, the data subject is obliged to provide us with personal data when our organization concludes a contract with them. Failure to provide personal data would mean that the contract could not be concluded with the data subject. Before providing personal data, the data subject must contact one of our employees. Our employee will clarify to 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 consequences the failure to provide the personal data would have.
20. Existence of Automated Decision-Making
As a responsible organization, we do not use automated decision-making or profiling. This privacy policy was created using the privacy policy generator of the DGD Deutsche Gesellschaft für Datenschutz GmbH , which acts as external data protection officer in Straubing, in cooperation with the lawyer for data protection law Christian Solmecke .