Disclaimer

Disclaimer

Data Privacy Policy
(24 May 2018)

Please note that this website is primarily in German and subject in the first instance to German law. The legal notices below are a translation of the German data privacy statement. For legally binding terms please refer to the German version.

We welcome your interest in our enterprise. The management of OTC Germany gGmbH takes data privacy particularly seriously. As a matter of principle, viewing and use of the websites of OTC Germany gGmbH is possible without having to provide any personal data. Insofar as a data subject wishes to use certain services of our enterprise via our website, however, it may become necessary to process personal data. If it is necessary to process personal data and if there is no legal basis for such processing, we generally obtain the consent of the data subject.

The processing of personal data, e.g. of the name, address, email address or telephone number of a data subject, always takes place in accordance with the EU General Data Protection Regulation (GDPR) as well as the national data protection provisions applicable to OTC Germany gGmbH. By means of this data privacy policy we would like to inform the general public about the nature, scope and purpose of the personal data we collect, use and process. In addition, this data privacy policy serves to inform data subjects about their rights.

As the controller responsible for processing data, OTC Germany gGmbH has implemented numerous technical and organisational measures in order to ensure comprehensive protection of the personal data processed via this website. Nevertheless, internet-based data transfers can be prone to security loopholes such that absolute protection cannot be guaranteed. For this reason, every data subject is at liberty to provide personal data to us using alternative routes, for example by telephone.

 

1. Definition of Terms

The data privacy policy of OTC Germany gGmbH is based on the definitions of terms used by EU legislators in the EU General Data Protection Regulation (GDPR). This data privacy policy is intended to be easily readable and understandable for the general public, our customers and business partners. In order to ensure this, we would first like to explain the terms used.

In this data privacy policy we use the following terms, among others:

  • a) Personal Data

Personal data means any information relating to an identified or identifiable natural person (hereinafter: the “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

The data subject is an identified or identifiable natural person whose personal data is processed by the controller.

  • c) Processing

Processing means any operation or set of operations 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 its processing in future.

  • e) Profiling

Profiling means any form of automated processing of personal data consisting of the use of personal data in order to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.

  • f) Pseudonymisation

Pseudonymisation means the processing of personal data in such a manner that it can no longer be attributed to a specific data subject without consulting additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data is not attributed to an identified or identifiable natural person.

  • g) Controller 

The controller responsible for processing means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by EU or Member State law, the controller or the specific criteria for its nomination may be provided for by EU or Member State law.

  • h) Processor

Processor means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

  • i) Recipient

Recipient means a natural or legal person, public authority, agency or another body, to which the personal data is 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 EU or Member State law shall not be regarded as recipients.

  • j) Third Party

Third party means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.

  • k) Consent

Consent of the data subject means any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by way of a statement or a clear affirmative action, signifies agreement to the processing of personal data concerning him or her.

 

2. Name and Address of Controller

The controller in the sense of the EU General Data Protection Regulation, other data protection laws in force in the EU Member States and other provisions of data protection law is:

OTC Germany gGmbH Girardetstr. 72
45131 Essen Germany
Tel: +49 (0) 201-29448600
Email: info@otc-germany.de /info@otc-akademie.de Website: www.otc-akademie.de

 

3. Name and Address of Data Privacy Officer

The data privacy officer for the controller is: Clio Janßen
Girardetstr. 72
45131 Essen Germany
Tel: +49 (0) 201-29448600
Email: info@otc-germany.de /info@otc-akademie.de 
Website: www.otc-akademie.de

A data subject may contact our data privacy officer directly at any time with any questions or suggestions relating to data privacy.

 

4. Cookies

The website of OTC Germany gGmbH uses cookies. Cookies are text files that are placed and stored on a computer system via a web browser.

Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a set of characters enabling attribution of websites and servers to the specific web 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 web browsers containing other cookies. A specific web browser can be recognised and identified by the unique cookie ID.

The use of cookies enables OTC Germany gGmbH to make more user-friendly services available to users of this website, which would not be possible without placing cookies.

Cookies enable the optimisation of the information and products on our website in the user’s interest. As mentioned above, cookies enable us to recognise visitors to our website. The aim of such recognition is to facilitate use of our website for users. The user of a website using cookies does not have to provide his/her access data on every visit to the website, for example, because such data will be recorded by the website and the cookie placed on the user’s computer. A cookie placed in the basket of an online shop is another example. Using a cookie, the online shop remembers the items placed in the virtual basket by a customer.
A data subject can prevent the placing of cookies by our website at any time by adjusting the settings of the web browser used accordingly, and can thus permanently prevent the placement of cookies. Cookies already placed can also be deleted at any time via a web browser or other software. This is possible in all common web browsers. If a data subject deactivates the placing of cookies in the web browser used, he/she may not be able to use all functions of our website.

 

5. Recording of General Data and Information

The website of OTC Germany gGmbH collects general data and information each time the website is accessed by a data subject or an automated system. Such general data and information is stored in the logfiles of the server. Information collected can be
    (1) the browser types and versions used
    (2) the operating system used by the accessing system
    (3) the website from which an accessing system arrives at our website (so-called referrer)
    (4) the sub-webpages aimed at by a system accessing our website
    (5) the date and time at which our website is accessed
    (6) an IP address
    (7) the ISP of the accessing system
    (8) other similar data and information serving to avert the threat of attacks on our IT systems.
Where such general data and information is used, OTC Germany gGmbH does not draw conclusions as to the data subject. Rather, such information is necessary in order

    (1) to ensure that the contents of our website are correctly displayed
    (2) to optimise the contents of our website and the relevant advertising
    (3) to ensure the permanent functional capability of our IT systems and website technology
(4) to provide the information required by the public prosecution authorities for criminal prosecution purposes in case of a cyber attack.

This data and information collected anonymously is analysed by OTC Germany gGmbH both statistically and with the aim of enhancing data protection and data security in our enterprise, ultimately to ensure the best possible level of protection for the personal data we process. The anonymous data in the server logfiles is stored separately from all personal data provided by a data subject.

 

6. Registration on our Website

The data subject can register on the controller’s website by providing his/her personal data. The individual input template used for registration purposes indicates the personal data thus transmitted to the controller. The personal data provided by the data subject is collected and stored by the controller solely for internal use and its own purposes. The controller may cause data to be communicated to one or more processor(s), for example a parcel services enterprise, which uses the personal data solely for internal purposes attributable to the controller.

Registration on the controller’s website also causes the IP address assigned to the data subject by the ISP as well as the date and time of registration to be stored. This data is stored because it is the only possibility to prevent our services from being abused and because, if necessary, it enables the detection of criminal offences committed. Hence, storage of this data is necessary for the security of the controller. As a matter of principle, such data is not communicated to third parties unless there is a statutory obligation to communicate or the communication is for criminal prosecution purposes.

Registration of the data subject with the voluntary provision of personal data serves to enable the controller to offer contents or services to the data subject that, owing to their nature, can only be offered to registered users. Persons registered are at liberty to modify or cause the deletion from the controller’s data inventories of all personal data they provide at the time of registration.

The controller shall inform any data subject at any time on request about the personal data concerning the data subject that is stored. Furthermore, the controller shall rectify or erase personal data upon the request or reference of the data subject unless this is prevented by statutory safe-keeping obligations. A data privacy officer mentioned by name herein and all employees of the controller shall be at the disposal of the data subject as contacts in this respect.

 

7. Contact Options via the Website

Owing to statutory provisions, the website of OTC Germany gGmbH contains information that enables electronic contact to be rapidly established with our enterprise as well as direct communication with us, including a general so-called electronic mail (email) address. Insofar as a data subject establishes contact with the controller by email or using a contact form, the personal data provided by the data subject will be stored automatically. Such personal data transmitted to the controller voluntarily by a data subject will be stored for the purposes of the processing or to establish contact with the data subject. Such personal data will not be communicated to third parties.

 

8. Routine Erasure and Blocking of Personal Data

The controller processes and stores personal data of the data subject solely for the period necessary in order to achieve the purpose of storage or insofar as provided for by EU legislators or another legislator in laws or provisions by which the controller is governed.

If the purpose of storage no longer exists or if a storage period prescribed by EU legislators or another legislator having jurisdiction expires, the personal data shall be blocked or erased as a routine matter, in accordance with the statutory provisions.

 

9. Rights of Data Subject

  • a) Right to obtain confirmation

A data subject has a right granted by the EU legislators to obtain confirmation from the controller as to whether or not personal data concerning him/her is being processed. Should a data subject wish to exercise this right to confirmation, he/she may contact our data privacy officer or any other employee of the controller at any time.

  • b) Right to obtain information

A data subject affected by the processing of his/her personal data has a right granted by the EU legislators to obtain information free of charge at any time from the controller about the personal data concerning him/her that is stored, and to receive a copy of this information. The EU legislators also granted data subjects the right to obtain the following information:

            ▪ the purposes of the processing
            ▪ the categories of personal data being processed
            ▪ the recipients or categories of recipient to whom the personal data has been or will be disclosed, in particular recipients in third countries or international organisations
            ▪ if possible, the envisaged period for which the personal data will be stored, or otherwise 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 personal data is not collected from the data subject: any available information as to its source
            ▪ the existence of automated decision-making, including profiling according to Art. 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.

The data subject is also entitled to obtain information as to whether personal data is transmitted to a third country or an international organisation. If this is the case, then the data subject is entitled to be informed about the appropriate safeguards relating to the transfer.

Should a data subject wish to exercise this right to information, he/she may contact our data privacy officer or any other employee of the controller at any time.

  • c) Right to rectification

A data subject affected by the processing of his/her personal data has a right granted by the EU legislators to require the prompt rectification of inaccurate personal data concerning him/her. In addition, taking into account the purposes of the processing, the data subject is entitled to have incomplete personal data completed, also by means of a supplementary statement.

Should a data subject wish to exercise this right to rectification, he/she may contact our data privacy officer or any other employee of the controller at any time.

  • d) Right to erasure (right to be forgotten)

A data subject affected by the processing of his/her personal data has a right granted by the EU legislators to require the controller to promptly erase the personal data concerning him/her insofar as one of the following grounds applies and insofar as the processing is not necessary:

            ▪ the personal data is no longer required for the purposes for which it was collected or otherwise processed
            ▪ the data subject withdraws consent on which the processing is based according to Art. 6(1)(a) 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 if the data subject objects to the processing pursuant to Art. 21(2) GDPR
            ▪ the personal data was unlawfully processed
            ▪ the personal data has to be erased for compliance with a legal obligation under EU or Member State law to which the controller is subject
            ▪ the personal data was collected in relation to the offer of information society services referred to in Art. 8(1) GDPR.

Insofar as one of the above grounds applies and a data subject would like to cause the erasure of personal data stored at OTC Germany gGmbH, he/she may contact our data privacy officer or any other employee of the controller at any time. The data privacy officer of OTC Germany gGmbH or another employee will ensure that the request for erasure is promptly fulfilled.

If the personal data was publicly disclosed by OTC Germany gGmbH and if our enterprise is the controller responsible for erasing the personal data pursuant to Art. 17(1) GDPR, taking account of available technology and the cost of implementation, OTC Germany gGmbH shall take reasonable steps, including technical measures, to inform other controllers processing the personal data disclosed that the data subject has requested the erasure by such controllers of any links to, or copies or replications of, such personal data, insofar as the processing is not necessary. The data privacy officer of OTC Germany gGmbH or another employee will cause the necessary action to be taken in an individual case.

  • e) Right to restriction of processing

A data subject affected by the processing of his/her personal data has a right granted by the EU legislators to require the controller to restrict the processing insofar as one of the following grounds 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 erasure of the personal data and instead requests the restriction of their use
            ▪ the controller no longer needs the personal data for the purposes of the processing, but the data is 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 pending verification as to whether the legitimate grounds of the controller override those of the data subject.

Insofar as one of the above grounds applies and a data subject would like to cause the restriction of personal data stored at OTC Germany gGmbH, he/she may contact our data privacy officer or any other employee of the controller at any time. The data privacy officer of OTC Germany gGmbH or another employee will cause the processing to be restricted.

  • f) Right to data portability

A data subject affected by the processing of his/her personal data has a right granted by the EU legislators to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format. The data subject is also entitled to transmit such data to another controller without hindrance from the controller to which the personal data was provided, where 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, unless the processing is 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/her right to data portability pursuant to Art. 20(1) GDPR, the data subject is entitled to have the personal data transmitted directly from one controller to another, where technically feasible, provided the rights and freedoms of others are not adversely affected.
In order to exercise the right to data portability the data subject may contact the data privacy officer appointed by OTC Germany gGmbH or another employee at any time.

  • g) Right to object

A data subject affected by the processing of his/her personal data has a right granted by the EU legislators to object, on grounds relating to his or her particular situation, at any time to the processing of personal data concerning him or her on the basis of Art. 6(1)(e) or (f) GDPR. This also includes profiling based on those provisions.

If an objection is raised, OTC Germany gGmbH will no longer process the personal data unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or where the processing serves to establish, exercise or defend legal claims.
Where OTC Germany gGmbH processes personal data for direct marketing purposes, the data subject is entitled to object at any time to the processing of personal data concerning him or her for such marketing purposes. This also applies to profiling to the extent that it is related to such direct marketing. Where the data subject objects to the processing for direct marketing purposes vis-à-vis OTC Germany gGmbH, the latter will no longer process the personal data for such purposes.

Furthermore, where personal data is processed for scientific or historical research purposes or statistical purposes pursuant to Art. 89(1), the data subject, on grounds relating to his or her particular situation, is entitled to object to the processing of personal data concerning him or her, unless such 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 directly contact the data privacy officer of OTC Germany gGmbH or another employee at any time. In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, the data subject may exercise his or her right to object by automated means using technical specifications.

  • h) Automated individual decision-making including profiling

A data subject affected by the processing of his/her personal data has a right granted by EU legislators 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, unless the decision (1) is necessary for entering into, or performance of, a contract between the data subject and the controller; (2) is authorised by EU 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 based on the data subject’s explicit consent.

If the decision (1) is necessary for entering into, or performance of, a contract between the data subject and the controller, or (2) is based on the data subject’s explicit consent, then OTC Germany gGmbH shall take appropriate measures to safeguard the rights and freedoms and legitimate interests of the data subject, which include 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.

Should a data subject wish to exercise this right relating to automated decision-making, he/she may contact our data privacy officer or any other employee of the controller at any time.

  • i) Right to revoke data privacy consent

A data subject affected by the processing of his/her personal data has a right granted by the EU legislators to revoke the consent granted to the processing of personal data, at any time.
Should a data subject wish to exercise this right to revoke consent, he/she may contact our data privacy officer or any other employee of the controller at any time.

 

10. Data Privacy Provisions on the Use of AddThis

The controller has integrated components of the enterprise AddThis on this website. AddThis is a so-called bookmarking provider. The service enables easier bookmarking of webpages using buttons. By moving the mouse over or by clicking on the AddThis components a list of bookmarking and sharing services is displayed. AddThis is used on more than 15 million websites and the buttons are displayed more than 20 billion times a year according to the information provided by the operating company.

AddThis is operated by the company AddThis, Inc. 1595 Spring Hill Road, Suite 300, Vienna, VA 22182, USA.

Through each retrieval of one of the individual pages of the website operated by the controller, on which an AddThis component was integrated, the web browser on the data subject’s IT system is automatically triggered by the relevant AddThis component to download data from the website www.addthis.com. Within the context of this technical procedure AddThis becomes aware of the visit and the specific individual page of the website used by the IT system used by the data subject. AddThis also becomes aware of the IP address of the computer system used by the data subject that was assigned by the ISP, of the browser type, browser language, of the website accessed prior to our website, as well as the date and time of the visit made to our website. AddThis uses this data in order to compile anonymised user profiles. The data and information thus transferred to AddThis enable the AddThis enterprise and its affiliates or partner enterprises to contact visitors to the website of the controller directly with personalised advertising tailored to their interests.

AddThis blends in personalised and interest-related advertising based on a cookie placed by the enterprise. The cookie analyses the individual surfing behaviour of the computer system used by the data subject. The cookie stores the visits made to websites from the computer system.

As mentioned above, a data subject can prevent the placing of cookies by our website at any time by adjusting the settings of the web browser used accordingly, and can thus permanently prevent the placement of cookies. A corresponding setting of the web browser used would also prevent AddThis from placing a cookie on the data subject’s IT system. In addition, cookies already placed by AddThis could be deleted at any time via a web browser or other software.

The data subject also has the option of objecting permanently to the processing of personal data by AddThis. To this end the data subject has to click on the opt-out button below the link www.addthis.com/privacy/opt-out, which places an opt-out cookie. The opt-out cookie placed through the objection will be deposited within the IT system used by the data subject. If the cookies in the data subject’s IT system are deleted after an objection is submitted, the data subject has to re-visit the link and place a new opt-out cookie.

Where an opt-out cookie is placed, the website of the controller may no longer be fully utilisable for the data subject.
The data privacy provisions of AddThis in force can be retrieved at  http://www.addthis.com/privacy/privacy-policy.


11. Data Protection Provisions on the Use of Facebook

The controller has integrated components of the Facebook corporation on this website. Facebook is a social network.
A social network is a social meeting place operated on the internet, an online community that generally enables users to communicate with one another and to interact in virtual space. A social network can serve as a platform for the exchange of views and experiences, or can enable the internet community to make personal or company-related information available. Facebook also enables users of the social network to compile private profiles, to upload photos and to network using friendship requests.

The company operating Facebook is Facebook, Inc., 1 Hacker Way, Menlo Park, CA 94025, USA. If the 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.

Through each retrieval of one of the individual pages of the website operated by the controller, on which a Facebook (Facebook plug-in) component has been integrated, the web browser on the data subject’s IT system is automatically triggered by the relevant Facebook component to download a presentation of the relevant Facebook component from Facebook. An overview of all Facebook plug-ins is available at developers.facebook.com/docs/plugins/. Within the context of this technical procedure Facebook becomes aware of the specific sub-page of our website visited by the data subject.

Insofar as the data subject is simultaneously logged in at Facebook, each time our website is accessed by the data subject and during the entire duration of the relevant visit to our website, Facebook is aware of the specific subpage of our website being visited by the data subject. This information is collected by the Facebook components and attributed by Facebook to the data subject’s individual Facebook account. If the data subject activates one of the Facebook buttons integrated into our website, for example the “Like” button, or makes a comment, Facebook will attribute this information to the data subject’s personal Facebook account and will store this personal data.

Via the Facebook component, Facebook always receives the information that the data subject has visited our website where he/she is simultaneously logged in at Facebook at the time of visiting our website; this does not depend on whether or not the data subject activates the Facebook component. If the data subject does not wish this information to be transferred to Facebook, he/she may prevent the transmission by logging out of his/her Facebook account before accessing our website.

The data privacy policy published by Facebook at de- de.facebook.com/about/privacy/ provides information about the collection, processing and use of personal data by Facebook. It also explains the settings options offered by Facebook in order to protect the private sphere of a data subject. In addition, various applications are available that allow the transmission of data to Facebook to be suppressed, for example the Webgraph Facebook Blocker that is available at  http://webgraph.com/resources/facebookblocker/. These applications can be used by the data subject in order to prevent the transmission of data to Facebook.

 

12. Data Protection Provisions on the Use of Google Analytics (with anonymisation function)

The controller has integrated Google Analytics components (with anonymisation function) on this website. Google Analytics is a web analysis service. Web analysis is the collection and analysis of data about the behaviour of visitors to websites. Among other things, a web analysis service collects data about the website from which a data subject has arrived on a website (so-called referrer), which subpages of the website have been accessed and how often and for how long a subpage has been viewed. Web analysis is predominantly used to optimise a website and for a costs-benefit analysis of internet advertising.

The company operating the Google Analytics components is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.

The controller uses the add-on “gat._anonymizeIp” for web analysis purposes using Google Analytics. The IP address of the data subject’s internet connection is abbreviated and anonymised using the add-on, if access is gained to our website from an EU Member State or another EEA contracting state.

The purpose of the Google Analytics component is to analyse the influx of visitors to our website. Among other things, Google uses the data and information obtained in order to analyse the use of our website, in order to compile online reports for us detailing the activities on our website, and in order to provide other services relating to the use of our website.

Google Analytics places a cookie on the data subject’s IT system. What cookies are, has already been explained above. The placing of cookies enables Google to analyse the use of our website. Through each retrieval of one of the individual pages of the website operated by the controller, on which Google Analytics component was integrated, the web browser on the data subject’s IT system is automatically triggered by the relevant Google Analytics component to transmit data to Google for the purpose of online analysis. Within the context of this technical procedure Google becomes aware of personal data including the data subject’s IP address, which among other things help Google to trace the visitors’ origins and clicks, and hence to enable commission to be invoiced.

Cookies enable the storage of personal information, for example the place and time where access was obtained, and the frequency of visits to our website by the data subject. Every time our website is accessed this personal data, including the IP address of the internet connection used by the data subject, is transferred to Google in the USA. This personal data is stored by Google in the USA. Google may forward the personal data collected via the technical procedure to third parties.

As mentioned above, a data subject can prevent the placing of cookies by our website at any time by adjusting the settings of the web browser used accordingly, and can thus permanently prevent the placement of cookies. A corresponding setting of the web browser used would also prevent Google from placing a cookie on the data subject’s IT system. Cookies already placed by Google Analytics can also be deleted at any time via the web browser or other software.

The data subject also has the option of objecting to or preventing the collection of the data relating to use of this website that is created by Google Analytics and the processing of such data by Google. To this end the data subject has to download and install a browser add-on under the link tools.google.com/dlpage/gaoptout. This browser add-on informs Google Analytics via JavaScript that no data or information concerning visits to websites may be transmitted to Google Analytics. The installation of the browser add-on is understood by Google to be an objection. If the data subject’s IT system is deleted, formatted or newly installed at a later point in time, the data subject has to re-install the browser add-on in order to deactivate Google Analytics. If the browser add-on is de-installed or deactivated by the data subject or another person within his/her sphere of influence, it is possible to re-install or reactivate the browser add-on.

Further information and the data protection provisions of Google in force can be found at www.google.de/intl/de/policies/privacy/ and at www.google.com/analytics/terms/de.html. Google Analytics is explained in further detail under the link www.google.com/intl/de_de/analytics/.

 

13. Data Protection Provisions on the Use of Instagram

The controller has integrated components of the Instagram service on this website. Instagram is a service that is to be considered an audio-visual platform, which enables users to share photos and videos as well as to disseminate such data on other social networks.

The Instagram services are provided by the operating company Instagram LLC, 1 Hacker Way, Building 14 First Floor, Menlo Park, CA, USA.

Through each retrieval of one of the individual pages of the website operated by the controller, on which an Instagram component (Instagram button) was integrated, the web browser on the data subject’s IT system is automatically triggered by the relevant Instagram component to download a presentation of the relevant Instagram component from Instagram. Within the context of this technical procedure Instagram becomes aware of the specific sub-page of our website visited by the data subject.

Insofar as the data subject is simultaneously logged in at Instagram, each time our website is accessed by the data subject and for the entire duration of the relevant visit to our website, Instagram is aware of the specific subpage being visited by the data subject. This information is collected by the Instagram component and attributed to the individual Instagram account of the data subject by Instagram. If the data subject activates one of the Instagram buttons integrated on our website, the data and information thus transferred will be attributed to the data subject’s personal Instagram user account and will be stored and processed by Instagram.

Instagram always receives information that the data subject has visited our website via the Instagram component if the data subject is logged in at Instagram at the time our website is accessed; this does not depend on whether or not the data subject activates the Instagram component. If the data subject does not want this information to be transferred to Instagram, he/she may prevent the transmission by logging out of his/her Instagram account before accessing our website.

Further information and the data protection provisions of Instagram can be found at     https://help.instagram.com/155833707900388    and www.instagram.com/about/legal/privacy/.

 

14. Data Protection Provisions on the Use of Shariff

The controller has integrated the Shariff component on this website. The Shariff component makes social media buttons available that comply with data privacy requirements. The Shariff component was developed for the German computer journal c’t and is published via GitHub, Inc.

Developer of the component is GitHub, Inc., 88 Colin P. Kelly Junior Street, San Francisco, CA 94107, USA.

Generally speaking, the button solutions provided by social networks transfer personal data to the relevant social network as soon as a user visits a website on which a social media button is integrated. By using the Shariff component, personal data is not transmitted to social networks until the visitor to a website activates one of the social media buttons. Further information on the Shariff component has been made available by the computer journal c’t at www.heise.de/newsticker/meldung/Datenschutz-und-Social-Media-Der-c-t-Shariff-ist-im-Einsatz-2470103.html. The Shariff component is used in order to protect the personal data of visitors to our website and at the same time to enable us to integrate a button solution for social networks on our website.
Further information on GitHub and the data privacy provisions in force are available at help.github.com/articles/github-privacy-policy/.

 

15. Data Protection Provisions on the Use of Twitter

The controller has integrated components of Twitter on this website. Twitter is a multi-lingual, publicly accessible micro-blogging service on which users can post and disseminate so-called tweets, i.e. short messages limited to 140 characters in length. These short messages are generally accessible, i.e. also to persons who are not registered at Twitter. However, tweets are also displayed to the so-called followers of the relevant user. Followers are other Twitter users who follow the tweets of a certain user. Via hashtags, links and retweets, Twitter enables a larger audience to be addressed.
The company operating Twitter is Twitter, Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA.

Through each retrieval of one of the individual pages of the website operated by the controller, on which a Twitter component (Twitter button) was integrated, the web browser on the data subject’s IT system is automatically triggered by the relevant Twitter component to download a presentation of the relevant Twitter component from Twitter. Further information about the Twitter buttons is available at about.twitter.com/de/resources/buttons. Within the context of this technical procedure Twitter becomes aware of the specific sub-page of our website visited by the data subject. The purpose of integrating Twitter components is to enable our users to disseminate the contents of this website, to make this website known in the digital world, and to increase the number of visitors.

Insofar as the data subject is simultaneously logged in at Twitter, each time our website is accessed by the data subject and during the entire duration of the relevant visit to our website, Twitter is aware of the specific subpage of our website being visited by the data subject. This information is collected by the Twitter component and attributed by Twitter to the data subject’s individual Twitter account. If the data subject activates one of the Twitter buttons integrated on our website, the data and information thus transferred will be attributed to the data subject’s personal Twitter user account and will be 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 in at Twitter at the time our website is accessed; this does not depend on whether or not the data subject activates the Twitter component. If the data subject does not want this information to be transferred to Twitter, he/she may prevent the transmission by logging out of his/her Twitter account before accessing our website.

The data privacy provisions of Twitter in force are available at twitter.com/privacy.

 

16. Data Protection Provisions on the Use of YouTube

The controller has integrated components of YouTube on this website. YouTube is an internet video portal that enables video publishers to post video clips free of charge while enabling other users to view, assess and comment on such clips free of charge. YouTube permits the publication of videos of all kinds, which is why both complete film and TV broadcasts as well as music videos, trailers and videos shot by users themselves are available on the internet portal.

The company operating YouTube is YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, USA. YouTube LLC is a subsidiary of Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.

Through each retrieval of one of the individual pages of the website operated by the controller, on which a YouTube component (YouTube video) was integrated, the web browser on the data subject’s IT system is automatically triggered by the relevant YouTube component to download a presentation of the relevant YouTube component from YouTube. Further information about YouTube is available at www.youtube.com/yt/about/de/. Within the context of this technical procedure YouTube becomes aware of the specific sub-page of our website visited by the data subject.

Insofar as the data subject is simultaneously logged in at YouTube, where a subpage containing a YouTube video is accessed, YouTube is aware of the specific subpage of our website being visited by the data subject. This information is collected by YouTube and Google, and attributed to the data subject’s individual YouTube account.

YouTube and Google always receive information that the data subject has visited our website via the YouTube component if the data subject is logged in at YouTube at the time our website is accessed; this does not depend on whether or not the data subject activates a YouTube video. If the data subject does not want this information to be transferred to YouTube and Google, he/she may prevent the transmission by logging out of his/her YouTube account before accessing our website.

The data privacy policy published by YouTube, which is available at www.google.de/intl/de/policies/privacy/, provides information about the collection, processing and use of personal data by YouTube and Google.

 

17. Manner of Payment: Data Privacy Provisions on PayPal 

The controller has integrated components of PayPal on this website. PayPal is an online payment services provider. Payments are processed via so-called PayPal accounts that represent virtual private or business accounts. PayPal also offers the option of processing virtual payments via credit cards where a user does not have a PayPal account. A PayPal account is kept via an email address, for which reason there is no traditional account number. PayPal enables online payments to third parties to be triggered and also enables payments to be received. PayPal also acts as a custodian and offers buyer protection services.
The European company operating PayPal is PayPal (Europe) S.à.r.l. & Cie. S.C.A., 22-24 Boulevard Royal, 2449 Luxembourg, Luxembourg.
If the data subject selects PayPal as the payment option during the order procedure in our online shop, data of the data subject is automatically transmitted to PayPal. By selecting this payment option the data subject consents to the transmission of personal data required in order to process the payment.
The personal data transmitted to PayPal is generally the first name, surname, address, email address, IP address, telephone number, mobile phone number and other data required in order to process the payment. Personal data relating to the relevant order is necessary for performance of the contract of sale.
The purpose of transmitting the data is to process payments and prevent fraud. The controller will transmit personal data to PayPal especially where there is a legitimate interest in the transmission. The personal data exchanged between PayPal and the controller may be transmitted to a credit agency by PayPal. Such a transmission has the purpose of verifying identity and creditworthiness.

PayPal may communicate the personal data to affiliated enterprises and services providers or sub-contractors insofar as is necessary for performance of the contractual obligations or insofar as there is commissioned data processing.
The data subject is entitled to revoke the consent granted to the handling of personal data at any time in relation to PayPal. The revocation does not affect personal data that has to be processed, used or transmitted in order to process the payment (according to an agreement).
The data privacy provisions of PayPal in force are available at www.paypal.com/de/webapps/mpp/ua/privacy-full.

 

18. Manner of Payment: Data Privacy Provisions on Sofortüberweisung 

The controller has integrated components of Sofortüberweisung on this website. Sofortüberweisung is a payment service that enables the cash-free payment of products and services on the internet. Sofortüberweisung represents a technical procedure enabling the online merchant to receive prompt confirmation of payment. This enables an online merchant to provide services or downloads to the customer immediately after the order is placed.

The company operating Sofortüberweisung is SOFORT GmbH, Fußbergstraße 1, 82131 Gauting, Germany.

If the data subject selects “Sofortüberweisung” as the payment option during the order procedure in our online shop, data of the data subject is automatically transmitted to Sofortüberweisung. By selecting this payment option the data subject consents to the transmission of personal data required in order to process the payment.

Where payments are processed by Sofortüberweisung the buyer provides the PIN and TAN to Sofort GmbH. Sofortüberweisung then effects a bank transfer to the online merchant having conducted a technical examination of the amount in the account and having retrieved other data to examine the account balance. Implementation of the financial transaction is then notified automatically to the online merchant.
The personal data exchanged with Sofortüberweisung is the first name, surname, address, email address, IP address, telephone number, mobile phone number and other data required in order to process the payment. The purpose of transmitting the data is to process payments and prevent fraud. The controller will transmit other personal data to Sofortüberweisung where there is a legitimate interest in the transmission. The personal data exchanged between Sofortüberweisung and the controller may be transmitted to a credit agency by Sofortüberweisung. Such a transmission has the purpose of verifying identity and creditworthiness.

Sofortüberweisung may communicate the personal data to affiliated enterprises and service providers or sub-contractors insofar as is necessary for performance of the contractual obligations or insofar as there is commissioned data processing.

The data subject is entitled at any time to revoke the consent granted to the handling of personal data in relation to Sofortüberweisung. The revocation does not affect personal data that has to be processed, used or transmitted in order to process payments (according to an agreement).
The data privacy provisions of Sofortüberweisung in force are available at www.sofort.com/ger-DE/datenschutzerklaerung-sofort-gmbh/.

 

19. Legal Basis of Processing

Article 6(1)(a) GDPR serves our enterprise as the legal basis for processing, for which we obtain consent for a specific purpose of processing. 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 with processing necessary for the delivery of goods or the provision of other performance or a consideration, then the processing is based on Art. 6(1)(b) GDPR.

The same applies to processing necessary for pre-contractual measures, for example where there are queries concerning our products or services. Where our enterprise is subject to a legal obligation that makes the processing of personal data necessary, for example in order to fulfil tax obligations, then the processing is based on Art. 6(1)(c) GDPR. In rare cases it could become necessary to process personal data in order to protect vital interests of the data subject or another natural person.
This would be the case, for example, if a visitor to our business were injured so that his/her name, age, health insurance data and other vital information had to be provided to a medical practitioner, hospital or other third party.

In that case the processing would be based on Art. 6(1)(d) GDPR. Finally, the processing could be based on Art. 6(1)(f) GDPR. Processing that is not covered by the other grounds mentioned above will be based on Art. 6(1)(f) GDPR if it is necessary in order to safeguard the legitimate interests of our enterprise or of a third party, except where such interests are overridden by the interests, fundamental rights or freedoms of the data subject. We are permitted to perform such processing especially because it is specifically mentioned by the EU legislators. They expressed the view that such a legitimate interest might exist where the data subject is a client of the controller (Recital No. 47 second sentence GDPR).

 

20. Legitimate Interest in Processing Pursued by the Controller or a Third Party

Where the processing of personal data is based on Art. 6(1)(f) GDPR, our legitimate interest is to conduct our business activities to the benefit of all our employees and our shareholders.

 

21. Term of Storage of Personal Data

The criterion for the term of storage of personal data is the relevant statutory safe-keeping period. After that period the relevant data will be deleted as a matter of routine unless it is still required for the negotiation or performance of a contract.

 

22. Statutory or Contractual Provisions on the Provision of Personal Data; Necessity for Conclusion of a Contract; Obligation of Data Subject to Provide Personal Data; Possible Consequences of Failure to Provide

We would like to point out that in some cases the provision of personal data is required by law (e.g. tax regulations) or arises from contractual provisions (e.g. information on the contracting partner). In some cases it can be necessary for the data subject to provide personal data to us in order to enter into a contract, which data is subsequently processed by us. For example, the data subject is under an obligation to provide personal data to us where our enterprise enters into a contract with him/her. Failure to provide the personal data would mean that the contract could not be concluded with the data subject. Before providing personal data, the data subject has to contact our data privacy officer. Our data privacy officer will explain to the data subject in an individual case whether or not the provision of personal data is required by law, by contract or is necessary for conclusion of the contract, whether there is an obligation to provide the personal data, and what the consequences would be of failure to provide the personal data.

 

23. Existence of Automated Decision-Making

As a responsible enterprise we do not engage in automated decision-making or profiling.