We are delighted about your interest in our company. Data protection is particularly important to the management of DIAVITE AG. It is generally possible to use the websites of DIAVITE AG without having to provide any personal data. If someone would like to make use of special services offered by our company via our website, it might become necessary to provide personal data. If it is necessary to process personal data and if there is no legal basis for such a processing, we generally ask for the consent of the data subject.
Personal data such as the name, address, e-mail address, or telephone number of a data subject is always processed in accordance with the General Data Protection Regulation and country-specific data protection regulations applicable to DIAVITE AG. By means of this Privacy Statement, our company would like to inform the public about the type, scope, and purpose of the personal data we collect, use, and process. In addition, this Privacy Statement informs data subjects about their rights.
As the data controller, DIAVITE AG has implemented numerous technical and organizational measures to ensure the protection of the personal data processed via this website as seamlessly as possible. Nevertheless, Internet-based data transfers can generally have security gaps and so it is not possible to guarantee absolute protection. For this reason, each individual is free to use alternative means to provide us with their personal data, for example by telephone.
The Privacy Statement of DIAVITE AG is based on the terms used by the European regulator for the adoption of the General Data Protection Regulation (GDPR). Our Privacy Statement is intended to be easily readable and understandable, both for the public as well as our customers and business partners. To ensure this, we would like to point out the terms used beforehand.
Among others, we have used the following terms in this Privacy Statement.
· a) Personal data
Personal data means any information relating to an identified or identifiable natural person (hereinafter “data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
· b) Data subject
A data subject is any identified or identifiable natural person whose personal data is being processed by the data controller.
· c) Processing
Processing means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, 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 means the marking of stored personal data with the aim of limiting their processing in the future.
· e) Profiling
Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to 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 means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
· g) Controller or data controller
Controller or 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. 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 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 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
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 authorized to process personal data.
· k) Consent
Consent means 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 as defined by the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union, and other provisions concerning data protection law is:
Fon +41 (0) 43 411 10 20
Fax +41 (0) 43 411 10 21
The data subject is able to prevent the placement of cookies by our website by means of the corresponding setting in the used Internet browser, thus permanently objecting to the placement of cookies. In addition, cookies that have already been placed can be deleted via an Internet browser or other software programs at any time. This is possible with all common Internet browsers. If the data subject deactivates the placement of cookies in the Internet browser used, it might not be possible to use all functions of our website to the full extent.
4. Collection of general data and information
Each time the website of DIAVITE AG is called up by the data subject or an automated system, the website collects a series of general data and information. These general data and information are saved in the server’s log files. The following data can be collected: (1) the 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 referrers), (4) the sub-websites on our website accessed by an accessing system, (5) the date and time of the access to our website, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) other similar data and information serving the averting of dangers in case of attacks against our information technology systems.
By using these general data and this information, DIAVITE AG does not trace them back to the data subject. Instead, this information is required to (1) correctly deliver the contents of our website, (2) to optimize the contents of our website as well as the advertisement, (3) to ensure the ongoing functioning of our information technology systems and the technology of our website, and (4) to provide the necessary information for criminal prosecution in case of a cyberattack. These data and information collected anonymously are used by DIAVITE AG for statistical analyses on the one hand and to increase the data protection and the data security of our company on the other hand in order to ultimately ensure an optimum level of protection for the personal data we process. The anonymous data of the server log files are stored separately from any personal data provided by a data subject.
5. Registration on our website
The data subject has the possibility of registering him or herself on the data controller’s website and providing personal data. The personal data provided to the data controller in this process depends on the individual input mask used for the registration. The personal data entered by the data subject are collected and saved exclusively for the data controller’s internal use and for his own purposes. The data controller may arrange for the transfer of these personal data to one or several processors who will also use these data exclusively for an internal use related to the data controller.
Furthermore, by registering on the data controller’s website, the IP address specified by the Internet service provider (ISP), the date and the time of registration are saved. These data are saved against the backdrop that this is the only way to prevent the abuse of our services and that these data will allow for the investigation of criminal offenses if required. In this respect, saving these data is required for the data controller’s own protection. In general, these data are not disclosed to third parties, provided that there is no legal duty of disclosure or the disclosure is not required for criminal prosecution purposes.
The purpose of the data subject registering and freely providing personal data is for the data controller to offer content and services that can only be offered to registered users due to the nature of the matter. Registered persons are free to modify the personal data provided during registration or to request the erasure of these data from the data controller’s database at any time.
Upon request, the data controller will provide any data subject with access to the personal data saved about the data subject at any time. Furthermore, the data controller will, upon the data subject’s request or notification, rectify or erase the personal data, insofar as this does not conflict with any legal retention obligations. In this context, the data controller’s entire staff are available to the data subject as contact persons.
6. Subscription of our newsletter
The website of DIAVITE AG offers users the possibility of subscribing to our newsletter. The personal data provided to the data controller with the subscription of the newsletter can be found in the input mask used for this purpose.
With the newsletter, DIAVITE AG informs its customers and business partners in regular intervals about the company’s offers. As a matter of principle, a data subject is only able to receive our company’s newsletter if (1) the data subject possesses a valid e-mail address and (2) the data subject registers him or herself for the newsletter mailings. For legal reasons, a confirmation e-mail is sent to the e-mail address registered by the data subject for the first time for the newsletter mailings following the double opt-in process. The purpose of the confirmation e-mail is to verify that the owner of the e-mail address, as the data subject, has authorized the receipt of the newsletter.
With the registration for the newsletter, we also save the IP address assigned by the Internet service provider (ISP) to the computer system used by the data subject at the time of registration as well as the date and time of registration. The collection of these data is necessary to be able to trace any (possible) misuse of a data subject’s e-mail address at a later moment, thus serving the legal protection of the data controller.
The personal data collected within the scope of a newsletter registration are used exclusively for the mailing of our newsletter. Furthermore, subscribers of our newsletter may be informed by e-mail insofar as this is necessary for the operation of our newsletter service or if this is necessary for a registration in this respect. This can be the case when there are changes to the newsletter offer or the technical conditions. The personal data collected within the scope of the newsletter service are not disclosed to any third parties. The newsletter subscription can be canceled by the data subject at any time. The consent the data subject has provided us with in relation to the saving of personal data for the newsletter mailing can be withdrawn at any time. Every newsletter contains a corresponding link for the purposes of withdrawing the consent. Furthermore, there is the possibility of unsubscribing the newsletter mailings directly on the data controller’s website or of informing the data controller in any other way.
7. Newsletter tracking
The newsletters of DIAVITE AG contain so-called tracking pixels. A tracking pixel is a miniature image embedded in these e-mails that are sent in HTML format to allow for log file recording and log file analysis. This makes it possible to perform a statistical analysis of the success or lack thereof of online marketing campaigns. Based on the embedded tracking pixels, DIAVITE AG is able to determine whether or not an e-mail has been opened by a data subject and which links contained in the e-mail the data subject clicked on.
Such personal data collected by means of the tracking pixels contained in the newsletters are saved and analyzed by the data controller to optimize the newsletter mailings and to better adapt the content of future newsletters to the interests of the data subject. These personal data are not disclosed to any third parties. Data subjects have the right to withdraw the declaration of consent given in this regard separately by means of the double opt-in process at any time. After such a withdrawal, these personal data will be erased by the data controller. DIAVITE AG will automatically interpret the unsubscribing of the receipt of the newsletter as a withdrawal.
8. Contact possibility via the website
Due to legal provisions, the website of DIAVITE AG includes information that make it possible to contact our company quickly and communicate with us directly. This also includes a so-called general electronic mail address (e-mail address). If a data subject contacts the data controller by e-mail or using the contact form, the personal data provided by the data subject will be saved automatically. The personal data provided voluntarily to the data controller by the data subject will be used for processing purposes and for the contact with the data subject. They will not be disclosed to any third parties.
9. Routine erasure and blocking of personal data
The data controller will only process and save the data subject’s data for the time period required to achieve the storage purpose and if this is provided for by the European regulator or by the laws and regulations of another legislator which the data controller is subject to.
If the storage purpose ceases to exist or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data will be routinely blocked or erased in accordance with the legal provisions.
10. Rights of the data subject
· a) Right to obtain confirmation
Each data subject has the right granted by the European regulator to obtain from the data controller confirmation as to whether or not personal data concerning him or her are being processed. If a data subject would like to exercise this right to obtain confirmation, he or she may contact any staff member of the data controller at any time.
· b) Right of access
Each data subject affected by the processing of personal data has the right granted by the European regulator to obtain from the data controller access to the personal data saved about him or her or a copy thereof free of charge at any time. In addition, the European regulator has granted the data subject access to the following information:
o the purposes of the processing
o the categories of personal data that are being processed
o the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations
o where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period
o 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
o the right to lodge a complaint with a supervisory authority
o where the personal data are not collected from the data subject: any available information as to their source
o the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject
Furthermore, the data subject has the right to be informed whether or not his or her personal data are transferred to a third country or to an international organization. Where this is the case, the data subject also has the right to be informed of the appropriate safeguards attached to such a transfer.
If a data subject would like to exercise this right of access, he or she may contact any staff member of the data controller at any time.
· c) Right to rectification
Every data subject affected by the processing of personal data has the right granted by the European regulator to obtain the rectification of inaccurate personal data concerning him or her. Furthermore, taking into account the purposes of the processing, the data subject has the right to have incomplete personal data completed, including by means of providing a supplementary statement.
If a data subject would like to exercise this right to rectification, he or she may contact any staff member of the data controller at any time.
· d) Right to erasure (right to be forgotten)
Every data subject affected by the processing of personal data has the right granted by the European regulator to obtain from the data 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:
o The personal data were collected for such purposes or otherwise processed in a way for which they are no longer necessary.
o The data subject withdraws the consent on which the processing is based according to point (a) of Article 6(1) GDPR, or point (a) of Article 9(2) GDPR, and where there is no other legal ground for the processing.
o The data subject objects to the processing pursuant to Article 21(1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) GDPR.
o The personal data have been unlawfully processed.
o The personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject
o 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 above grounds applies and a data subject would like to request the erasure of the personal data stored at DIAVITE AG, the data subject may contact any staff member of the data controller at any time. The staff member of DIAVITE AG will arrange for the compliance with the erasure request without undue delay.
Where DIAVITE AG has made the personal data public and our company as the data controller is obliged pursuant to Article 17 (1) GDPR to erase the personal data, DIAVITE AG, taking account of available technology and the cost of implementation, will take reasonable steps, including technical measures, to inform other data controllers which are processing the published personal data that the data subject has requested the erasure by such other data controllers of any links to, or copy or replication of, those personal data, provided that the processing is not necessary. The staff member of DIAVITE AG will arrange for the necessary steps in each individual case.
· e) Right to restriction of processing
Each person affected by the processing has the right granted by the European regulator to obtain from the controller restriction of processing where one of the following applies:
o 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.
o The processing is unlawful, the data subject opposes the erasure of the personal data and requests the restriction of their use instead.
o 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.
o 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 above conditions is met and a data subject would like to request the restriction of the personal data stored at DIAVITE AG, the data subject may contact any staff member of the data controller at any time. The staff member of DIAVITE AG will arrange for the restriction of the processing.
· f) Right to data portability
Every data subject affected by the processing of personal data has the right granted by the European regulator 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 also has the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where the processing is based on consent pursuant to point (a) of Article 6(1) GDPR or point (a) of Article 9(2) GDPR or on a contract pursuant to point (b) of Article 6(1) 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.
In addition, in exercising his or her right to data portability pursuant to Article 20(1) GDPR, the data subject has the right to have the personal data transmitted directly from one controller to another, where technically feasible, provided that this does not adversely affect the rights and freedoms of others.
To exercise the right to data portability, the data subject can contact a staff member of DIAVITE AG at any time.
· g) Right to object
Every data subject affected by the processing of personal data has the right granted by the European regulator to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on point (e) or (f) of Article 6(1) GDPR, including profiling based on those provisions..
In case of an objection, DIAVITE AG 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 for the establishment, exercise or defense of legal claims.
Where DIAVITE AG processes personal data for direct marketing purposes, the data subject has the right to object at any time to the processing of the personal data for such marketing, which includes profiling to the extent that it is related to such direct marketing. If the data subject objects to DIAVITE AG processing these data for direct marketing purposes, DIAVITE AG will no longer process the personal data for these purposes.
Furthermore, where personal data are processed at DIAVITE AG for scientific or historical research purposes or statistical purposes pursuant to Article 89(1) GDPR, the data subject, on grounds relating to his or her particular situation, shall have the right to object to processing of personal data concerning him or her, unless such a processing is necessary for the performance of a task carried out for reasons of public interest.
To exercise the right to object, the data subject can directly contact any staff member of DIAVITE AG at any time. Notwithstanding Directive 2002/58/EC, the data subject is also free to exercise his or her right to object in connection with the use of information society services by means of automated processes in which technical specifications are used.
· h) Automated individual decision-making, including profiling
Every data subject affected by the processing of personal data has the right granted by the European regulator to not 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, provided that the decision (1) is not necessary for entering into, or performance of, a contract between the data subject and the data controller, or (2) is not authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is not 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 data controller or if (2) the decision is based on the data subject’s explicit consent, DIAVITE AG will implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view, and to contest the decision.
If the data subject would like to assert his or her rights relating to automated decisions, he or she may contact any staff member of the data controller at any time..
· i) Right to withdraw consent
Every data subject affected by the processing of personal data has the right granted by the European regulator to withdraw his or her consent to the processing of personal data at any time.
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11. Data protection for job applications and in the application process
The data controller collects and processes the personal data of job applications for the purposes of conducting the application process. The processing may also occur electronically. In particular, this is the case when an applicant submits his or her application documents to the data controller by electronic means, for instance by e-mail or via a web form on the website. If the data controller concludes an employment contract with an applicant, the data provided for the purposes of processing the employment relationship will be saved observing the legal provisions. If the data controller does not conclude an employment contract with the applicant, the application documents will be deleted automatically two months after the notification of the rejection, provided that the erasure does not conflict with any other legitimate interests of the data controller. In this sense, other legitimate interests are the burden of proof in a procedure under the German General Law on Equal Treatment (Allgemeines Geichbehandlungsgesetz, AGG).
On this website, the data controller has integrated components of the company Facebook. Facebook is a social network.
A social network is a meeting place operated on the Internet, an online community that makes it possible for users to communicate with each other and to interact in virtual space. A social network can serve as a platform for the exchange of opinions and experiences or provide the Internet community with the possibility of sharing personal or company-specific information. Among other things, Facebook makes it possible for the users of the social network to create private profiles, upload photos, and network via friendship requests.
Facebook is operated by Facebook, Inc., 1 Hacker Way, Menlo Park, CA 94025, USA. For persons residing outside of the USA or Canada, the data controller is Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.
By calling up any individual page of this website, which is operated by the data controller and which includes an integrated Facebook component (Facebook plug-in), the respective Facebook component automatically causes the Internet browser in the data subject’s information technology system to download a representation of Facebook’s corresponding Facebook component. A complete overview of all Facebook plug-ins can be found at https://developers.facebook.com/docs/plugins/?locale=de_DE. Within the scope of this technical process, Facebook will gain knowledge of which specific subpages of our website the data subject has visited.
If the data subject is logged into Facebook at the same time, Facebook will recognize which specific subpage of our website the data subject is visiting each time he or she calls up our website and for the complete duration of his or her stay on our website. This information is collected by the Facebook component and linked to the data subject’s respective Facebook account. If the data subject clicks on one of the Facebook buttons integrated on our website or if the data subject makes a comment, Facebook will link this information to the data subject’s personal Facebook user account and save these personal data.
Facebook always receives the information via the Facebook component that the data subject has visited our website when the data subject is logged into Facebook at the same time at the moment our website is called up. This occurs regardless of whether or not the data subject clicks on the Facebook component. If the data subjects does not want this information to be sent to Facebook, he or she can prevent this by logging out of his or her Facebook account before visiting our website.
The data policy published by Facebook, which can be found at https://de-de.facebook.com/about/privacy/, provides information about the collection, processing, and use of personal data by Facebook. This data policy also explains which setting possibilities Facebook offers to protect the privacy of the data subject. Furthermore, different applications are available to suppress the transmission of data to Facebook. The data subject can use these applications to suppress the transmission of data to Facebook.
On this website, the data controller has integrated the component Google Analytics (incl. anonymization function). Google Analytics is a web analysis service. Web analysis is the collection and analysis of data about the behavior of website visitors. Among other things, a web analysis service collects data concerning which website the data subject accessed a website from (so-called referrers), which sub-pages of the website he or she has accessed, and how often and for how long he or she viewed a sub-page. A web analysis is primarily used to optimize a website and to carry out cost-benefit analyses of internet advertising.
The Google Analytics component is operated by Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.
For the web analysis via Google Analytics, the data controller uses the extension “_gat._anonymizeIp”. By means of this extension, the IP address of the data subject’s Internet connection is shortened and anonymized when our websites are accessed from a Member State of the European or from another Contracting State of the Agreement on the European Economic Area.
The purpose of the Google Analytics component is to analyze the streams of visitors on our website. Among other things, Google uses the data and information to analyze the use of our website in order to prepare online reports for us indicating the activities on our websites and to provide other services connected with the use of our website.
Google Analytics places a cookie on the data subject’s information technology system. What cookies are has been explained above. The placement of the cookie makes it possible for Google to analyze the use of our website. By calling up any individual page of this website, which is operated by the data controller and which includes an integrated Google Analytics component, the respective Google Analytics component automatically causes the Internet browser in the data subject’s information technology system to send data to Google for online analysis purposes. Within the scope of this technical process, Google will gain knowledge about personal data, such as the data subject’s IP address, which Google uses to track the origin of the visitors and the clicks and to subsequently be able to process commission settlements.
By means of cookies, personal information such as the time of access, the location from where the access occurred, and the frequency of the visits to our website by the data subject will be saved. Each time our websites are visited, these personal data, including the IP address of the Internet connection used by the data subject, are sent to Google in the United States of America. These personal data are saved by Google in the United States of America. Google may pass the personal data collected by means of this technical process on to third parties..
The data subject is able, as described above, to prevent the placement of cookies by our website by means of the corresponding setting in the used Internet browser, thus permanently objecting to the placement of cookies. Such a setting in the Internet browser used would also prevent Google from placing a cookie in the data subject’s information technology system. Furthermore, a cookie placed by Google Analytics can also be deleted via the Internet browser or another software program at any time.
On this website, the data controller has integrated Google AdWords. Google AdWords is an Internet advertising service that makes it possible to place ads both in Google’s search engine results as well as in the Google advertising network. Google AdWords allows advertisers to first specify specific keywords. The ad will then only be displayed in Google’s search engine results when the user calls up a keyword-relevant search result with the search engine. In the Google advertising network, the ads are spread across the websites related to the topic using an automatic algorithm, taking into account the keywords previously specified.
The services of Google AdWords are operated by Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.
The purpose of Google AdWords is to promote our website by displaying advertisings related to the corresponding interests on the websites of third-party companies and in the search engine results of the search engine Google and to display third-party advertisements on our website.
If a data subject reaches our website via a Google ad, Google places a so-called conversion cookie on the data subject’s information technology system. What cookies are has already been explained above. A conversion cookie loses its validity after thirty days and is not used to identify the data subject. Provided that it has not yet expired, the conversion cookie is used to track if specific sub-pages, for example the shopping cart of an online shop system, of our website have been visited. By means of the conversion cookie, both we as well as Google can know if a data subject who has accessed our website via an AdWords ad has generated a sale, i.e. whether he or she has completed or canceled a sale through the shopping cart.
Google uses the data and information collected by using the conversion cookie to compile visitor statistics for our website. We in turn use these visitor statistics to determine the total number of visitors who have been referred to us via AdWords ads, i.e. to determine the success or lack of success of the corresponding AdWords ad and to optimize our AdWords ads in the future. Neither our company nor other Google AdWords advertising companies receive information from Google that could be used to identify the data subject.
By means of the conversion cookie, personal data such as the websites visited by the data subject are saved. Accordingly, each time our websites are visited, personal data, including the IP address of the Internet connection used by the data subject, are sent to Google in the United States of America. These personal data are saved by Google in the United States of America. Google may pass the personal data collected by means of this technical process on to third parties.
The data subject is able, as described above, to prevent the placement of cookies by our website by means of the corresponding setting in the used Internet browser, thus permanently objecting to the placement of cookies. Such a setting in the Internet browser used would also prevent Google from placing a conversion cookie in the data subject’s information technology system. Furthermore, a cookie placed by Google AdWords can also be deleted via the Internet browser or another software program at any time.
The data subject also has the possibility of the objecting to Google’s interest-specific advertising. To do this, the data subject will have to click the link www.google.de/settings/ads in each of the Internet browsers he or she uses and make the desired settings.
15. Legal basis for processing
The legal basis for our company’s processing operations for which we obtain consent for specific processing purposes is provided by 6 I lit. a GDPR. If it is necessary to process personal data for the performance of a contract to which the data subject is a party, as is the case for processing operations that are necessary for a delivery of goods or the provision of another service or consideration, the processing will be based on Art. 6 I lit. b GDPR. The same applies to those processing operations that are necessary to carry out pre-contractual measures, for example for inquiries about our products or services. If our company is subject to a legal obligation that requires the processing of personal data, for example to comply with our tax obligations, the processing is based on Article 6 I lit. c GDPR. In rare cases, the processing of personal data might become necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor gets injured on our premises and thus his or her name, age, health insurance data or other vital information would have to be passed on to a doctor, a hospital, or other third parties. In this case, the processing would be based on Article 6 I lit. d GDPR. And finally, processing operations can also be based on Article 6 I lit. f GDPR. This is the legal basis for processing operations that are not covered by any of the legal bases mentioned above, when the processing is necessary to protect a legitimate interest of our company or a third party, provided that the interests or the fundamental rights and freedoms of the data subject are not overriding. We are permitted to carry out this type of processing operation in particular because they are mentioned separately by the European legislator. In this respect, the European legislator considered that a legitimate interest could exist where the data subject is a client of the controller (recital 47 sentence 2 GDPR)..
16. Legitimate interest in the processing pursued by the controller or a third party
If the processing of personal data is based on Article 6 I lit. f GDPR, our legitimate interest is the conducting of our business activities for the benefit of all of our staff members and our shareholders.
17. Duration the personal data are stored for
The criterion for the duration the personal data are stored for is the corresponding legal retention period. Once this period has elapsed, the corresponding data will be routinely erased, provided that they are no longer necessary for the performance or the initiation of a contract.
18. Legal or contractual provisions for the provision of personal data, necessity for the conclusion of a contract; obligation of the data subject to provide the personal data; possible consequences of not providing the personal data
We would like to inform you that the provision of personal data is, in part, required by law (e.g. tax regulations) and that it can be a result of contractual provisions (e.g. information about the contractual partner). Sometimes, it might be necessary for the conclusion of a contract for a data subject to provide personal data which will then be processed by us. For instance, the data subject is obligated to provide us with personal data, if our company concludes a contract with him or her. The consequence of not providing the personal data would be that it would not be possible to conclude the contract with the data subject. Before providing his or her personal data, the data subject has to contact one of our staff members. Our staff member will inform the data subject about whether the provision of the personal data is required by law or contract or if it is necessary for the conclusion of the contract, if there is an obligation to provide the personal data and what the consequences would be of not providing the personal data.
19. Existence of automated decision-makingg
As a responsible company, we choose not to carry out any automated decision-making or profiling.
This Privacy Statement was created by the privacy statement generator of the company DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as an External Data Protection Officer for Straubing, in cooperation with the data protection law attorney Christian Solmecke.