We are very delighted that you have shown interest in our enterprise. Data protection is of a particularly high priority for the management of the FINESTFOG GmbH. The use of the Internet pages of the FINESTFOG GmbH is possible without any indication of personal data. However, if a data subject wishes to make use of special services of our company via our website, it may be necessary to process personal data. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the data subject.
The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to the FINESTFOG GmbH. By means of this data protection declaration, our company would like to inform the public about the type, scope and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed of their rights by means of this privacy policy.
As the controller, the FINESTFOG GmbH has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. Nevertheless, Internet-based data transmissions can generally have security gaps, so absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us by alternative means, for example by telephone.
1. definitions
The data protection declaration of the FINESTFOG GmbH is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our privacy policy should be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to explain the terminology used in advance.
We use the following terms, among others, in this privacy policy
(a) personal data
Personal data means any information relating to an identified or identifiable natural person (hereinafter referred to as « data subject »). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
b) Data subject
Data subject is any identified or identifiable natural person whose personal data is processed by the controller responsible for the processing.
c) Processing
Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
d) Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of restricting its future processing.
e) Profiling
Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements.
f) Pseudonymization
Pseudonymization is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.g) Controller or controller responsible for the processing
The controller or controller responsible for the processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
h) Processor
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
i) Recipient
Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients.
j) third party
A third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorized to process personal data.
k) Consent
Consent is any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
2. name and address of the controller
The controller within the meaning of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union and other provisions of a data protection nature is
FINESTFOG GmbH
Alte Landstraße 6
85521 Ottobrunn
Ottobrunn, Germany
Phone: +49 (0) 89 6735915-0
E-mail: info@finestfog.com
Website: www.finestfog.com
3. cookies
The Internet pages of the FINESTFOG GmbH use cookies. Cookies are text files that are placed and stored on a computer system via an Internet browser.
Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a string of characters that can be used to assign websites and servers to the specific internet browser in which the cookie was stored. This enables the websites and servers visited to distinguish the individual browser of the data subject from other Internet browsers that contain other cookies. A specific internet browser can be recognized and identified via the unique cookie ID.
Through the use of cookies, the FINESTFOG GmbH can provide the users of this website with more user-friendly services that would not be possible without the cookie setting.
By means of a cookie, the information and offers on our website can be optimized for the benefit of the user. As already mentioned, cookies enable us to recognize the users of our website. The purpose of this recognition is to make it easier for users to use our website. For example, the user of a website that uses cookies does not have to re-enter their access data each time they visit the website because this is taken over by the website and the cookie stored on the user’s computer system. Another example is the cookie for a shopping basket in an online store. The online store 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.
3a. Bing Ads
Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399, USA – Bing Ads Conversion Tracking. If you click on one of our ads on Bing or on selected websites of the Bing advertising network, a temporary cookie is stored on your computer. If you then reach one of our conversion pages, Microsoft Bing and we will recognize that you have previously clicked on the ad. This is used to create conversion statistics, i.e. to record how many users reach a conversion page after clicking on an ad, i.e. complete an order process.
Deactivate: www.choice.microsoft.com/de
4. collection of general data and information
The website of the FINESTFOG GmbH collects a series of general data and information when a data subject or automated system calls up the website. This general data and information is stored in the server log files. The (1) browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system accesses our website (so-called referrer), (4) the sub-websites which are accessed via an accessing system on our website can be recorded, (5) the date and time of access to the website, (6) an internet protocol address (IP address), (7) the internet service provider of the accessing system and (8) other similar data and information used for security purposes in the event of attacks on our information technology systems.
When using these general data and information, the FINESTFOG GmbH does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, the FINESTFOG GmbH analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.
5. contact possibility via the website
The website of the FINESTFOG GmbH contains information that enables a quick electronic contact to our enterprise, as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the controller by email or via a contact form, the personal data transmitted by the data subject is automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the controller are stored for the purposes of processing or contacting the data subject. This personal data is not passed on to third parties.
6 Routine erasure and blocking of personal data
The controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to.
If the storage purpose no longer applies or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data is routinely blocked or erased in accordance with the statutory provisions.
7. rights of the data subject
a) Right to confirmation
Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact any employee of the controller.
b) Right to information
Any person affected by the processing of personal data has the right, granted by the European legislator of directives and regulations, to obtain information free of charge at any time from the controller about the personal data stored about him/her and a copy of this information. Furthermore, the European legislator has granted the data subject access to the following information
the purposes of the processing
the categories of personal data being processed
the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations
where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period
the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing
the existence of the right to lodge a complaint with a supervisory authority
if the personal data are not collected from the data subject: All available information about the origin of the data
the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
Furthermore, the data subject has a right to information as to whether personal data has been transferred to a third country or to an international organization. If this is the case, the data subject also has the right to obtain information about the appropriate safeguards in connection with the transfer.
If a data subject wishes to avail himself of this right of access, he or she may, at any time, contact any employee of the controller.
c) Right to rectification
Any person affected by the processing of personal data has the right granted by the European legislator of directives and regulations to demand the immediate correction of incorrect personal data concerning them. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact any employee of the controller.
d) Right to erasure (right to be forgotten)
Any person 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 have been collected or otherwise processed for such purposes for which they are no longer necessary.
The data subject withdraws consent on which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
The data subject objects to the processing pursuant to 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 has been processed unlawfully.
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 referred to in Article 8(1) GDPR.
If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by the FINESTFOG GmbH, he or she may, at any time, contact any employee of the controller. An employee of FINESTFOG GmbH shall promptly ensure that the erasure request is complied with immediately.
If the personal data has been made public by FINESTFOG GmbH and our company is obliged to delete the personal data in accordance with Art. 17 para. 1 GDPR, FINESTFOG GmbH shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform other data controllers who process the published personal data, that the data subject has requested the deletion of all links to this personal data or of copies or replications of this personal data from these other data controllers, insofar as the processing is not necessary. An employees of the FINESTFOG GmbH will arrange the necessary measures in individual cases.
e) Right to restriction of processing
Any person 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 defense of legal claims.
- The data subject has objected to processing pursuant to Article 21(1) GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by the FINESTFOG GmbH, he or she may at any time contact any employee of the controller. The employee of the FINESTFOG GmbH will arrange the restriction of the processing.
f) Right to Data Portability
Every person affected by the processing of personal data has the right, granted by the European Directive and Regulation legislator, to receive their personal data, which has been provided to a controller by the person concerned, in a structured, commonly used, and machine-readable format. They also have the right to transmit this data to another controller without hindrance from the controller to whom the personal data was provided, as long as the processing is based on consent in accordance with Art. 6 para. 1 letter a of the GDPR or Art. 9 para. 2 letter a of the GDPR, or on a contract according to Art. 6 para. 1 letter b of the 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 their right to data portability according to Art. 20 para. 1 of the GDPR, the person concerned has the right to have personal data transmitted directly from one controller to another, where technically feasible, provided that doing so does not adversely affect the rights and freedoms of others.
To assert the right to data portability, the person concerned can contact an employee of FINESTFOG GmbH at any time.
g) Right to Object
Every person affected by the processing of personal data has the right, granted by the European Directive and Regulation legislator, to object at any time, on grounds relating to their particular situation, to the processing of personal data concerning them, which is based on Art. 6 para. 1 letters e or f of the GDPR. This also applies to profiling based on these provisions.
FINESTFOG GmbH will no longer process the personal data in the event of an objection unless we can demonstrate compelling legitimate grounds for the processing that override the interests, rights, and freedoms of the person concerned, or for the establishment, exercise, or defense of legal claims.
If FINESTFOG GmbH processes personal data for direct marketing purposes, the person concerned has the right to object at any time to processing of personal data concerning them for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the person concerned objects to FINESTFOG GmbH processing for direct marketing purposes, FINESTFOG GmbH will no longer process the personal data for these purposes.
Moreover, the person concerned has the right, on grounds relating to their particular situation, to object to processing of personal data concerning them which is carried out by FINESTFOG GmbH for scientific or historical research purposes, or for statistical purposes according to Art. 89 para. 1 of the GDPR, unless such processing is necessary for the performance of a task carried out for reasons of public interest.
To exercise the right to object, the person concerned can directly contact any employee of FINESTFOG GmbH or another employee. The person concerned also has the right, in connection with the use of services of the information society, regardless of Directive 2002/58/EC, to exercise their right to object by automated means using technical specifications.
h) Automated Individual Decision-Making, Including Profiling
Every person affected by the processing of personal data has the right, granted by the European Directive and Regulation legislator, not to be subject to a decision based solely on automated processing – including profiling – that produces legal effects concerning them or similarly significantly affects them, provided that the decision (1) is not necessary for entering into, or the performance of, a contract between the person concerned and the controller, or (2) is permissible under Union or Member State law to which the controller is subject and that law contains suitable measures to safeguard the person’s rights and freedoms and legitimate interests, or (3) is based on the person concerned’s explicit consent.
If the decision (1) is necessary for entering into, or the performance of, a contract between the person concerned and the controller, or (2) it is based on the person concerned’s explicit consent, FINESTFOG GmbH undertakes suitable measures to safeguard the person’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express their point of view and to contest the decision.
If the person concerned wishes to exercise their rights concerning automated decisions, they may at any time contact an employee of the controller responsible for the processing.
i) Right to Withdraw Consent Under Data Protection Law
Every person affected by the processing of personal data has the right, granted by the European Directive and Regulation legislator, to withdraw their consent to the processing of personal data at any time.
If the person concerned wishes to exercise their right to withdraw consent, they may at any time contact an employee of the controller responsible for the processing.
8. Data Protection in Application Processes
The controller responsible for processing collects and processes the personal data of applicants for the purpose of handling the application process. This processing can also be carried out electronically. This is particularly the case when an applicant submits the corresponding application documents to the controller responsible for processing by electronic means, for example, via email or through a web form on the website. If the controller responsible for processing concludes an employment contract with an applicant, the transmitted data will be stored for the purpose of processing the employment relationship in compliance with legal requirements. If no employment contract is concluded by the controller responsible for processing with the applicant, the application documents will be automatically deleted two months after notification of the rejection decision, provided that no other legitimate interests of the controller responsible for processing oppose such deletion. Other legitimate interest in this sense, for example, could be a burden of proof in a procedure under the General Equal Treatment Act (AGG).
9. Data Protection Provisions on the Use 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 Internet-operated social meeting place, an online community, which usually allows users to communicate with each other and interact in a virtual space. A social network can serve as a platform for the exchange of opinions and experiences or enables the internet community to provide personal or business-related information. Facebook allows users of the social network to create private profiles, upload photos, and network through friend requests.
The operator company of Facebook is Facebook, Inc., 1 Hacker Way, Menlo Park, CA 94025, USA. If a person affected lives outside the USA or Canada, the controller responsible for processing personal data is Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.
With each call-up to one of the individual pages of this website, operated by the controller responsible for processing and into which a Facebook component (Facebook plug-in) was integrated, the web browser on the information technology system of the affected person is automatically prompted by the respective Facebook component to download a display of the corresponding Facebook component from Facebook. An overview of all Facebook plug-ins can be found at https://developers.facebook.com/docs/plugins/?locale=us_EN. During this technical procedure, Facebook receives knowledge about which specific sub-page of our website is visited by the affected person.
If the affected person is logged into Facebook at the same time, Facebook recognizes with each call-up to our website by the affected person and during the entire duration of their stay on our website, which specific sub-page of our website the affected person visits. This information is collected by the Facebook component and assigned by Facebook to the respective Facebook account of the affected person. If the affected person activates one of the Facebook buttons integrated into our website, for example, the « Like » button, or makes a comment, Facebook assigns this information to the personal Facebook user account of the affected person and stores these personal data.
Facebook always receives information via the Facebook component that the affected person has visited our website if the affected person is logged in to Facebook at the same time as the call-up to our website; this takes place regardless of whether the affected person clicks on the Facebook component or not. If such transmission of this information to Facebook is not desired by the affected person, they can prevent this by logging out of their Facebook account before a call-up to our website.
The data policy published by Facebook, available at https://facebook.com/about/privacy/, provides information on the collection, processing, and use of personal data by Facebook. It also explains the setting options Facebook offers to protect the privacy of the affected person. In addition, different applications are available that allow the suppression of data transmission to Facebook. Such applications can be used by the affected person to suppress data transmission to Facebook.
10. Data Protection Provisions on the Use and Application of Google Analytics (with Anonymization Function)
The controller responsible for processing has integrated the component Google Analytics (with anonymization function) on this website. Google Analytics is a web analytics service. Web analytics is the collection, gathering, and analysis of data about the behavior of visitors to websites. A web analytics service collects, inter alia, data about the website from which a person has come to a website (so-called referrer), which sub-pages were visited or how often and for what duration a sub-page was viewed. Web analytics are mainly used for the optimization of a website and in order to carry out a cost-benefit analysis of Internet advertising.
The operator company of the Google Analytics component is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.
For web analytics through Google Analytics, the controller responsible for processing uses the application « _gat._anonymizeIp ». By means of this application, the IP address of the internet connection of the affected person is shortened and anonymized by Google when accessing our websites from a Member State of the European Union or another state party to the Agreement on the European Economic Area.
The purpose of the Google Analytics component is to analyze the traffic on our website. Google uses the data and information obtained, among other things, to evaluate the use of our website to compile online reports for us showing the activities on our websites, and to provide other services concerning the use of our website.
Google Analytics places a cookie on the information technology system of the affected person. The definition of cookies is explained above. With the setting of the cookie, Google is enabled to analyze the use of our website. With each call-up to one of the individual pages of this website, operated by the controller responsible for processing and into which a Google Analytics component was integrated, the web browser on the information technology system of the affected person will automatically submit data through the Google Analytics component for the purpose of online advertising and the settlement of commissions to Google. During this technical procedure, the enterprise Google gains knowledge of personal information, such as the IP address of the affected person, which serves Google, inter alia, to understand the origin of visitors and clicks, and subsequently create commission settlements.
The cookie is used to store personal information, such as the access time, the location from which the access was made, and the frequency of visits of our website by the affected person. With each visit to our website, such personal data, including the IP address of the internet access used by the affected person, will be transmitted to Google in the United States of America. These personal data are stored by Google in the United States of America. Google may pass these personal data collected through the technical procedure to third parties.
The affected person can prevent the setting of cookies by our website, as already described above, at any time by means of a corresponding adjustment of the web browser used and thus permanently deny the setting of cookies. Such an adjustment to the Internet browser used would also prevent Google Analytics from setting a cookie on the information technology system of the affected person. In addition, cookies already in use by Google Analytics may be deleted at any time via a web browser or other software programs.
Furthermore, the affected person 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 these data by Google. To do this, the affected person must download and install a browser add-on under the link https://tools.google.com/dlpage/gaoptout. This browser add-on informs Google Analytics via JavaScript that no data and information about website visits may be transmitted to Google Analytics. The installation of the browser add-on is considered by Google as an objection. If the information technology system of the affected person is deleted, formatted, or newly installed at a later time, the affected person must reinstall the browser add-on to disable Google Analytics. If the browser add-on was uninstalled or deactivated by the affected person or another person within their sphere of influence, the possibility of reinstalling or reactivating the browser add-on exists.
Further information and the applicable data protection provisions of Google may be retrieved at https://www.google.com/policies/privacy/ and https://marketingplatform.google.com/about/analytics/terms/us/. Google Analytics is further explained under the following link https://www.google.com/analytics/.
11. Data Protection Provisions on the Use and Application of Google+
The controller responsible for processing has integrated the Google+ button as a component on this website. Google+ is a so-called social network. A social network is an Internet-operated social meeting place, an online community, which usually allows users to communicate with each other and interact in a virtual space. A social network can serve as a platform for the exchange of opinions and experiences or enables the internet community to provide personal or business-related information. Google+ allows users of the social network to create private profiles, upload photos, and network through friend requests.
The operator company of Google+ is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.
With each call-up to one of the individual pages of this website, operated by the controller responsible for processing and into which a Google+ button was integrated, the web browser on the information technology system of the affected person is automatically prompted by the respective Google+ button to download a display of the corresponding Google+ button from Google. More detailed information about Google+ is available under https://developers.google.com/+/.
Whenever the affected person is logged into Google+ at the same time, Google recognizes with each visit to our website by the affected person and for the entire duration of their stay on our website, which specific sub-page of our website the affected person visits. This information is collected by the Google+ button and assigned by Google to the respective Google+ account of the affected person.
If the affected person activates one of the Google+ buttons integrated on our website and thus gives a Google+1 recommendation, Google assigns this information to the personal Google+ user account of the affected person and stores these personal data. Google stores the Google+1 recommendation of the affected person and makes it publicly accessible in accordance with the conditions accepted by the affected person in this regard. A Google+1 recommendation made by the affected person on this website will subsequently be stored and processed together with other personal data, such as the name of the Google+1 account used by the affected person and the photo stored in it, in other Google services, for example in the search results of the Google search engine, the Google account of the affected person or in other places, for example on websites or in connection with advertisements. Furthermore, Google is able to link the visit to this website with other personal data stored by Google. Google also records this personal information for the purpose of improving or optimizing the various services of Google.
Google receives information via the Google+ button that the affected person has visited our website whenever the affected person is logged into Google+ at the same time as calling up our website; this occurs regardless of whether the affected person clicks on the Google+ button or not.
If the affected person does not want the transmission of personal data to Google, they can prevent such transmission by logging out of their Google+ account before calling up our website.
Further information and the applicable data protection provisions of Google can be found at https://policies.google.com/privacy. Further information from Google about the Google+1 button can be found at https://developers.google.com/+/web/buttons-policy.
12. Data Protection Provisions on the Use of Matomo
The controller responsible for processing has integrated the Matomo component on this website. Matomo is an open-source software tool for web analysis. Web analysis is the collection, compilation, and evaluation of data about the behavior of visitors to websites. A web analytics tool collects, among other things, data about which website a person concerned came to a website from (so-called referrer), which sub-pages of the website were accessed or how often and for what duration a sub-page was viewed. Web analysis is mainly used to optimize a website and to carry out a cost-benefit analysis of Internet advertising.
The software is operated on the server of the controller, and the data protection-sensitive log files are stored exclusively on this server.
The purpose of the Matomo component is the analysis of the visitor flows on our website. The controller uses the collected data and information, among other things, to evaluate the use of this website in order to compile online reports, which show the activities on our websites.
Matomo sets a cookie on the information technology system of the affected person. What cookies are has already been explained above. With the setting of the cookie, an analysis of the use of our website is enabled. With each call-up to one of the individual pages of this website, the internet browser on the information technology system of the affected person is automatically prompted by the Matomo component to transmit data to our server for online analysis purposes. In the course of this technical procedure, we gain knowledge of personal data, such as the IP address of the affected person, which serves us, among other things, to understand the origin of visitors and clicks.
The cookie is used to store personal information, such as the access time, the location from which access was made, and the frequency of visits to our website. Each time our website is visited, this personal data, including the IP address of the internet connection used by the affected person, is transmitted to our server. This personal data is stored by us. We do not pass this personal data on to third parties.
The affected person 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. Such a setting of the internet browser used would also prevent Matomo from setting a cookie on the information technology system of the affected person. In addition, a cookie set by Matomo can be deleted at any time via an internet browser or other software programs.
Furthermore, the affected person has the option to object to the collection of data generated by Matomo relating to the use of this website and to prevent such collection. To do this, the affected person must set an opt-out cookie. If the information technology system of the affected person is deleted, formatted, or reinstalled at a later point in time, the affected person must set an opt-out cookie again.
However, with the setting of the opt-out cookie, there is the possibility that the websites of the controller may no longer be fully usable by the affected person.
Further information and the applicable data protection provisions of Matomo can be found at https://matomo.org/privacy/.
13. Legal Basis for Processing
Art. 6 I lit. a GDPR serves our company as the legal basis for processing operations in which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is a party, as is the case, for example, with processing operations necessary for the delivery of goods or the provision of any other service or consideration, then processing is based on Art. 6 I lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, such as in the case of inquiries concerning our products or services. If our company is subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6 I lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data, or other vital information would have to be passed on to a doctor, hospital, or other third parties. Then the processing would be based on Art. 6 I lit. d GDPR. Finally, processing operations could be based on Art. 6 I lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the aforementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).
14. Legitimate Interests Pursued by the Controller or by a Third Party
If the processing of personal data is based on Article 6 I lit. f GDPR, our legitimate interest is to carry out our business activities for the well-being of all our employees and our shareholders.
15. Period for Which the Personal Data Will be Stored
The criterion for the duration of the storage of personal data is the respective statutory retention period. After expiry of this period, the corresponding data is routinely deleted, provided it is no longer necessary for the fulfillment of the contract or the initiation of a contract.
16. Legal or Contractual Provisions for the Provision of Personal Data; Necessity for the Conclusion of a Contract; Obligation of the Data Subject to Provide Personal Data; Possible Consequences of Failure to Provide Such Data
We clarify that the provision of personal data is partly required by law (e.g., tax regulations) or can also arise from contractual provisions (e.g., information on the contractual partner). Sometimes, to conclude a contract, it may be necessary for a data subject to provide us with personal data that must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company concludes a contract with them. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Before providing personal data, the data subject must contact one of our employees. Our employee clarifies to the data subject on a case-by-case basis whether the provision of personal data is legally or contractually required or necessary for the conclusion of a contract, whether there is an obligation to provide the personal data, and what the consequences of not providing the personal data would be.
17. Existence of Automated Decision-Making
As a responsible company, we do not use automatic decision-making or profiling.
This privacy statement was created by the privacy statement generator of the DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as an External Data Protection Officer Duisburg in cooperation with the RC GmbH, which recycles used computers and the law firm WILDE BEUGER SOLMECKE | Lawyers.
