This data protection declaration informs you about the nature, scope and purpose of the processing of personal data (hereinafter referred to as “data”) within our online offer and the websites, functions and content associated with it, as well as external online presences, such as our social media profiles. (hereinafter collectively referred to as “Online Offer”). With regard to the terms used, such as “processing” or “controller”, we refer to the definitions in Article 4 of the General Data Protection Regulation (GDPR).
NCTE AG Raiffeisenallee 3
Tel. + 49 89 665 619-0
Fax + 49 89 665 619-29
EXTERNAL DATA PROTECTION OFFICER
Graf Consultings GmbH
TYPES OF DATA PROCESSED
Inventory data (e.g., names, addresses).
Contact data (e.g., e-mail, telephone numbers).
Usage data (e.g., websites visited, interest in content, access times).
Meta/communication data (e.g., device information, IP addresses).
Applicant information (e.g. name, contact details, letter of application)
CATEGORIES OF DATA SUBJECTS
Visitors and users of the online offer (hereinafter we also refer to the data subjects collectively as “users”).
PURPOSE OF THE PROCESSING
Provision of the online offer, its functions and contents.
Answering contact requests and communication with users.
“Personal data” means any information relating to an identified or identifiable natural person (hereinafter “data subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier (e.g. cookie) or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
“Processing” means any operation or set of operations which is performed upon personal data, whether or not by automatic means. The notion is broad and covers practically any handling of data.
Controller” 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.
RELEVANT LEGAL BASES
COOPERATION WITH PROCESSORS AND THIRD PARTIES
If, in the course of our processing, we disclose data to other persons and companies (order processors or third parties), transmit it to them or otherwise grant them access to the data, this will only be done on the basis of a legal permission (e.g. if a transmission of the data to third parties, such as to payment service providers, is necessary for the performance of the contract pursuant to Art. 6 para. 1 lit. b DSGVO), you have consented, a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.).
If we commission third parties with the processing of data on the basis of a so-called “order processing contract”, this is done on the basis of Art. 28 DSGVO.
TRANSFERS TO THIRD COUNTRIES
If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this occurs in the context of the use of third-party services or the disclosure or transfer of data to third parties, this will only occur if it is done in order to fulfil our (pre-)contractual obligations, on the basis of your consent, due to a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we will only process or allow data to be processed in a third country if the special requirements of Art. 44 et seq. DSGVO are met. This means that the processing is carried out, for example, on the basis of special guarantees, such as the officially recognized determination of a level of data protection corresponding to the EU (e.g. for the USA by the “Privacy Shield”) or compliance with officially recognized special contractual obligations (so-called “standard contractual clauses”).
RIGHTS OF THE DATA SUBJECTS
You have the right to request confirmation as to whether data in question is being processed and to be informed about this data and to receive further information and a copy of the data in accordance with Art. 15 DSGVO.
You have according to. Art. 16 DSGVO the right to request the completion of the data concerning you or the correction of incorrect data concerning you.
In accordance with Art. 17 DSGVO, you have the right to demand that the data in question be deleted without delay, or alternatively, in accordance with Art. 18 DSGVO, to demand restriction of the processing of the data.
You have the right to obtain the data concerning you that you have provided to us in accordance with Article 20 of the GDPR and to request that it be communicated to other data controllers.
You also have the right to lodge a complaint with the competent supervisory authority pursuant to Art. 77 DSGVO.
RIGHT OF REVOCATION
You have the right to revoke given consents according to Art. 7 (3) DSGVO with effect for the future.
RIGHT OF OBJECTION
You may object to the future processing of data relating to you in accordance with Art. 21 DSGVO at any time. The objection can be made in particular against the processing for purposes of direct marketing.
COOKIES AND THE RIGHT TO OBJECT TO DIRECT ADVERTISING
Cookies” are small files that are stored on the user’s computer. Different information can be stored within the cookies. A cookie is primarily used to store information about a user (or the device on which the cookie is stored) during or after his visit within an online offer. Temporary cookies, or “session cookies” or “transient cookies”, are cookies that are deleted after a user leaves an online offer and closes his browser. In such a cookie, for example, the contents of a shopping cart in an online shop or a login jam can be stored. Cookies that remain stored even after the browser is closed are referred to as “permanent” or “persistent”. For example, the login status can be stored if users visit them after several days. Likewise, the interests of users can be stored in such a cookie, which is used for range measurement or marketing purposes. Third-party cookies” are cookies that are offered by providers other than the responsible party that operates the online offer (otherwise, if they are only the latter’s cookies, they are referred to as “first-party cookies”).
If users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in the system settings of their browser. Stored cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online offer.
DELETION OF DATA
The data processed by us will be deleted or restricted in its processing in accordance with Articles 17 and 18 DSGVO. Unless expressly stated within the scope of this data protection declaration, the data stored by us will be deleted as soon as they are no longer required for their intended purpose and the deletion does not conflict with any statutory retention obligations. If the data is not deleted because it is required for other and legally permissible purposes, its processing will be restricted. I.e. the data is blocked and not processed for other purposes. This applies, for example, to data that must be retained for reasons of commercial or tax law.
The hosting services used by us serve to provide the following services: Infrastructure and platform services, computing capacity, storage space and database services, security services and technical maintenance services, which we use for the purpose of operating this online offer.
We, or our hosting provider, process inventory data, contact data, content data, contract data, usage data, meta data and communication data of customers, interested parties and visitors of this online offer on the basis of our legitimate interests in an efficient and secure provision of this online offer pursuant to Art. 6 para. 1 lit. f DSGVO in conjunction with Art. 28 DSGVO. Art. 28 DSGVO (conclusion of order processing contract).
COLLECTION OF ACCESS DATA AND LOG FILES
We, or our hosting provider, collects on the basis of our legitimate interests within the meaning of Art. 6 para. 1 lit. f. DSGVO data about each access to the server on which this service is located (so-called server log files). The access data includes the name of the website accessed, file, date and time of access, amount of data transferred, notification of successful access, browser type and version, the user’s operating system, referrer URL (the previously visited page), IP address and the requesting provider.
Log file information is stored for security reasons (e.g. to clarify acts of abuse or fraud) for a maximum of 7 days and then deleted. Data whose further storage is necessary for evidentiary purposes is excluded from deletion until the final clarification of the respective incident.
PROVISION OF CONTRACTUAL SERVICES
We process inventory data (e.g., names and addresses as well as contact data of users), contract data (e.g., services used, names of contact persons, payment information) for the purpose of fulfilling our contractual obligations and services pursuant to Art. 6 para. 1 lit b. DSGVO. The entries marked as mandatory in online forms are required for the conclusion of the contract.
In the context of the use of our online services, we store the IP address and the time of the respective user action. The storage is based on our legitimate interests, as well as the user’s protection against abuse and other unauthorized use. In principle, this data is not passed on to third parties, unless it is necessary for the pursuit of our claims or there is a legal obligation to do so in accordance with Art. 6 Para. 1 lit. c DSGVO.
We process usage data (e.g. the web pages visited on our website, interest in our products) and content data (e.g. entries in the contact form or user profile) for advertising purposes in a user profile, e.g. in order to display product information to users based on the services they have used to date.
The deletion of the data takes place after the expiry of legal warranty and comparable obligations, the necessity of the storage of the data is reviewed every three years; in the case of legal archiving obligations, the deletion takes place after their expiry. Information in any customer account shall remain until it is deleted.
When contacting us (e.g. by e-mail, telephone or via social media), the user’s details are processed for the purpose of handling the contact request and its processing pursuant to Art. 6 (1) lit. b) DSGVO. The user’s details may be stored in a customer relationship management system (“CRM system”) or comparable enquiry organisation.
We delete the requests if they are no longer necessary. We review the necessity every two years; Furthermore, the legal archiving obligations apply.
LINKS TO OTHER INTERNET SITES
ONLINE PRESENCE IN SOCIAL MEDIA
We maintain online presences within social networks and platforms in order to be able to communicate with the customers, interested parties and users active there and to inform them about our services there. When calling up the respective networks and platforms, the terms and conditions and data processing guidelines of their respective operators apply.
Google Tag Manager
Google Tag Manager is a solution from Google with which we can manage so-called website tags via an interface (for example, Google Analytics with anonymization function). The Tag Manager itself does not process any personal data of the users. With regard to the processing of users’ personal data, please refer to the following information on Google services. Usage guidelines: https://www.google.com/intl/de/tagmanager/use-policy.html.
Google is certified under the Privacy Shield agreement and thereby offers a guarantee of compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
Google will use this information on our behalf to evaluate the use of our online offer by the users, to compile reports on the activities within this online offer and to provide us with further services related to the use of this online offer and the internet. In doing so, pseudonymous usage profiles of the users can be created from the processed data.
We only use Google Analytics with IP anonymisation activated. This means that the IP address of the user is shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there.
The IP address transmitted by the user’s browser will not be merged with other data from Google. Users can prevent the storage of cookies by setting their browser software accordingly; users can also prevent the collection of the data generated by the cookie and related to their use of the online offer to Google as well as the processing of this data by Google by downloading and installing the browser plugin available at the following link: http://tools.google.com/dlpage/gaoptout?hl=de.
For more information on Google’s use of data, settings and opt-out options, please visit Google’s websites: https://www.google.com/intl/de/policies/privacy/partners (“Google’s use of data when you use our partners’ websites or apps”), http://www.google.com/policies/technologies/ads (“Use of data for advertising purposes”), http://www.google.de/settings/ads (“Manage the information Google uses to serve ads to you”).
Data protection in applications and in the application procedure
The controller collects and processes personal data provided by applicants, such as cover letters, CVs, references, certificates, for the purpose of managing the application procedure. The processing may also take place electronically. This is the case in particular when an applicant submits relevant application documents to the controller by electronic means, for example by e-mail or via a web form located on the website. The web forms are automatically transferred to the Cloud HR system. Hosting takes place within the EU and the data is not shared with third parties. If the controller concludes an employment contract with a job applicant, the transmitted data will be stored for the purpose of processing the employment relationship in compliance with the statutory provisions. If the controller does not conclude an employment contract with the applicant, the application documents will be automatically deleted no later than six months after notification of the rejection decision, provided that no other legitimate interests of the controller conflict with such deletion. Other legitimate interest in this sense is, for example, a duty to provide evidence in proceedings under the General Equal Treatment Act (AGG).
Cookie consent management with Cookiebot
Our website uses the consent technology of Cookiebot to obtain your consent to the storage of certain cookies on your terminal device or to the use of certain technologies and to document this in accordance with data protection law. The provider of this technology is Cybot A/S, Havnegade 39, 1058 Copenhagen, Denmark (hereinafter “Cookiebot”).