DATA PROTECTION

Privacy Policy

We are delighted by your interest in our company. Data protection is of particular importance to the management of DATEN_PARTNER GmbH. Use of the DATEN_PARTNER GmbH website is generally possible without providing any personal data. However, if a data subject wishes to use special services offered by our company via our website, processing of personal data may become necessary. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the data subject’s consent.

The processing of personal data, such as the name, address, email address, or telephone number of a data subject, is always carried out in accordance with the General Data Protection Regulation (GDPR) and in compliance with the country-specific data protection regulations applicable to DATEN_PARTNER GmbH. DATEN_PARTNER GmbH, as the data controller, has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, internet-based data transmissions can always have security vulnerabilities, so absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us via alternative means, such as by telephone.

1. Definitions

The privacy policy of DATEN_PARTNER GmbH is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our privacy policy is intended to be easily readable and understandable for both the general public and our customers and business partners. To ensure this, we would like to explain the terminology used beforehand.

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

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
A data subject is any identified or identifiable natural person whose personal data is processed by the 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 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 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 is not linked to an identified or identifiable natural person.

g) Controller
The controller 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 designation may be provided for by Union or Member State law.

h) Processor
A processor is a natural or legal person, public authority, agency, or other body which processes personal data on behalf of the controller.

i) Recipient
A recipient is a natural or legal person, public authority, agency, or other body to whom 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 other body other than the data subject, the controller, the 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 Data Controller

The data controller within the meaning of the General Data Protection Regulation (GDPR), other data protection laws applicable in the Member States of the European Union, and other provisions of a data protection nature is:

Name and contact details of the data controller:
DATEN_PARTNER GmbH
Feldheider Straße 39-45
40699 Erkrath / Germany
Phone: 02104 2814 0
Email: info@daten-partner.de
Website: www.daten-partner.de

Contact details of the data protection officer:
Rechtsanwalt Prof. Dr. Ulf Vormbrock
Fritz-Vomfelde-Str. 34
40547 Düsseldorf / Germany
Email: Vormbrock@Quantum.law

3. Collection of General Data and Information

The website of DATEN_PARTNER GmbH collects a range of general data and information each time a data subject or an automated system accesses the website. This general data and information is stored 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 reached our website (known as the referrer), (4) the sub-pages accessed on our website by an accessing system, (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 that serve to prevent attacks on our IT systems.

When using this general data and information, DATEN_PARTNER 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, (3) ensure the long-term functionality of our IT systems and the technology of our website, and (4) provide law enforcement agencies with the information necessary for prosecution in the event of a cyberattack. This anonymously collected data and information is therefore statistically evaluated by DATEN_PARTNER GmbH, and furthermore, with the aim of increasing data protection and data security within our company, in order to ultimately ensure an optimal level of protection for the personal data we process. The anonymous data from the server log files is stored separately from all personal data provided by a data subject.

4. Contact Options via the Website

Due to legal requirements, the website of DATEN_PARTNER GmbH contains information that enables quick electronic contact with our company and direct communication with us, including a general email address. If a data subject contacts the data controller via email or a contact form, the personal data transmitted by the data subject will be stored automatically. Such personal data transmitted voluntarily by a data subject to the data controller will be stored for the purpose of processing the inquiry or contacting the data subject. This personal data will not be disclosed to third parties.

5. Routine Erasure and Blocking of Personal Data

The data controller processes and stores the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as long as this is provided for by the European legislator or another legislator in laws or regulations to which the data controller is subject.If the purpose for which personal data is stored ceases to exist, or if a retention period prescribed by the European legislator or another competent legislator expires, the personal data will be routinely blocked or deleted in accordance with legal requirements.

6. Rights of the Data Subject

a) Right to Confirmation
Every data subject has the right granted by the European legislator to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to exercise this right of confirmation, he or she may, at any time, contact an employee of the controller.

b) Right of Access
Every data subject has the right granted by the European legislator to obtain from the controller, free of charge, information about his or her personal data stored at any time and a copy of this information. Furthermore, the European legislator has granted the data subject the right to information regarding the following:

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 concerning the data subject or to object to such processing
the right to lodge a complaint with a supervisory authority
where the personal data are not collected from the data subject, any available information as to their source
the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) 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 the right to A data subject has the right to obtain information as to whether personal data concerning him or her 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 be informed of the appropriate safeguards relating to the transfer.

If a data subject wishes to exercise this right of access, he or she may contact an employee of the controller at any time.

c) Right to rectification
Every data subject has the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject also has the right to have incomplete personal data completed, including by means of providing a supplementary statement.

If a data subject wishes to exercise this right to rectification, he or she may contact an employee of the controller at any time.

d) Right to erasure (right to be forgotten)
Every data subject 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 where the processing is not necessary:

The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
The data subject withdraws consent on which the processing is based according to point (a) of Article 6(1) 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 Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
The personal data have been unlawfully processed.
The erasure of personal data is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.
The personal data were collected in relation to information society services offered pursuant to Article 8(1) of the GDPR.
If one of the aforementioned grounds applies and a data subject wishes to have their personal data stored by DATEN_PARTNER GmbH erased, they may contact an employee of the controller at any time. The employee of DATEN_PARTNER GmbH will ensure that the erasure request is complied with immediately.

If personal data has been made public by DATEN_PARTNER GmbH and our company, as the controller pursuant to Article 17(1) GDPR, is obligated to erase the personal data, DATEN_PARTNER GmbH, taking into account available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the published personal data that the data subject has requested the erasure by those other controllers of any links to, or copies or replications of, that personal data, insofar as processing is not necessary. The employee of DATEN_PARTNER GmbH will take the necessary steps in each individual case.

e) Right to restriction of processing
Every data subject has the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:

The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
The processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead.
The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
The data subject has objected to processing pursuant to 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 restrict the processing of their personal data stored by DATEN_PARTNER GmbH, they may contact an employee of the data controller at any time. The employee of DATEN_PARTNER GmbH will then arrange for the restriction of processing.

f) Right to data portability
Every data subject has the right, granted by the European legislator, to receive the personal data concerning them, which they have provided to a controller, in a structured, commonly used, and machine-readable format. She also has the right to transmit this data to another controller without hindrance from the controller to whom the personal data was provided, provided that the processing is based on consent pursuant to Article 6(1)(a) GDPR or Article 9(2)(a) GDPR or on a contract pursuant to Article 6(1)(b) GDPR, and the processing is carried out by automated means, unless the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

Furthermore, when exercising 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 and provided that this does not adversely affect the rights and freedoms of others.

To exercise the right to data portability, the data subject may contact an employee of DATEN_PARTNER GmbH at any time.

g) Right to object
Every data subject has the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.

In the event of such an objection, DATEN_PARTNER GmbH 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 the processing serves the purpose of establishing, exercising or defending legal claims.

If DATEN_PARTNER GmbH processes personal data for direct marketing purposes, the data subject has the right to object at any time to the processing of their personal data for such marketing. This also applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to processing for direct marketing purposes, DATEN_PARTNER GmbH will no longer process the personal data for these purposes.

Furthermore, the data subject has the right to object, on grounds relating to their particular situation, to the processing of personal data concerning them which is carried out by DATEN_PARTNER GmbH for scientific or historical research purposes or statistical purposes pursuant to Article 89(1) GDPR, unless such processing is necessary for the performance of a task carried out in the public interest.

To exercise this rightThe data subject may object to the processing of their personal data by contacting any employee of DATEN_PARTNER GmbH directly. Furthermore, the data subject is free to exercise their right to object, in connection with the use of information society services and notwithstanding Directive 2002/58/EC, by automated means using technical specifications.

h) Automated individual decision-making, including profiling
Every data subject has the right, granted by the European legislator, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her, unless the decision (1) is necessary for entering into, or performing, a contract between the data subject and a data controller, or (2) is 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 based on the data subject’s explicit consent.

If the decision (1) is necessary for entering into, or performing, a contract between the data subject and the controller, or (2) is based on the data subject’s explicit consent, DATEN_PARTNER GmbH shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view, and to contest the decision.

If the data subject wishes to exercise rights relating to automated decision-making, he or she may contact an employee of the controller at any time.

i) Right to withdraw consent under data protection law
Every data subject has the right granted by the European legislator to withdraw his or her consent to the processing of personal data at any time.

If the data subject wishes to exercise his or her right to withdraw consent, he or she may contact an employee of the controller at any time.

7. Data Protection in Applications and the Application Process

The data controller collects and processes the personal data of applicants for the purpose of processing the application. This processing may also be carried out electronically. This is particularly the case when an applicant submits application documents electronically, for example, by email or via a web form on the website. If the data controller 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 the data controller does not conclude an employment contract with the applicant, the application documents will be automatically deleted two months after notification of the rejection decision, unless other legitimate interests of the data controller preclude deletion. A legitimate interest in this sense is, for example, the need to retain evidence in proceedings under the German General Equal Treatment Act (AGG).

Other legitimate interests in this sense include, for example, the obligation to provide evidence in proceedings under the German General Equal Treatment Act (AGG).

8. Legal Basis for Processing

Article 6(1)(a) GDPR serves as the legal basis for our company’s processing operations where 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 other services or consideration, then the processing is based on Article 6(1)(b) GDPR. The same applies to such processing operations that are necessary for carrying out pre-contractual measures, such as in cases of inquiries about our products or services. If our company is subject to a legal obligation that requires the processing of personal data, such as for the fulfillment of tax obligations, then the processing is based on Article 6(1)(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 on our premises and their name, age, health insurance information, or other vital details had to be shared with a doctor, hospital, or other third party. In this case, the processing would be based on Article 6(1)(d) GDPR. Finally, processing operations could be based on Article 6(1)(f) GDPR. This legal basis applies to processing operations not covered by any of the aforementioned legal bases, provided the processing is necessary for the purposes of the legitimate interests pursued by our company or a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject. We are permitted to carry out such processing operations in particular because they have been specifically mentioned by the European legislator. The legislator took the view that a legitimate interest could be assumed where the data subject is a client of the controller (Recital 47, second sentence, GDPR).

9. Legitimate Interests Pursued by the Controller or a Third Party

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

10. Duration for which the personal data will be stored

The criterion for the duration of storage of personal data is the respective statutory retention period. After this period expires, the corresponding data is routinely deleted, provided it is no longer required for the performance of a contract or for taking steps prior to entering into a contract.

11. Legal or contractual requirements for providing personal data; necessity for entering into a contract; obligation of the data subject to provide the personal data; possible consequences of not providing it

We would like to inform you that the provision of personal data is partly required by law (e.g., tax regulations) or may also arise from contractual provisions (e.g., information about the contracting party). In some cases, it may be necessary for a data subject to provide us with personal data that we subsequently need to process in order to conclude a contract. For example, the data subject is obligated to provide us with personal data if our company enters into 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 staff member will inform the data subject on a case-by-case basis whether the provision of personal data is required by law or contract, or is necessary for entering into a contract, whether there is an obligation to provide the personal data, and what the consequences of not providing the personal data would be.

12. Existence of automated decision-making

As a responsible company, we do not use automated decision-making or profiling.

13. Data protection notice regarding the use of OpenStreetMap

This website uses the open-source map service OpenStreetMap (OSM). OSM is used to provide an interactive map on our website that shows you how to find and reach us. This service allows us to present our website in an appealing way by loading map data from an external server. The provider is the OpenStreetMap Foundation (OSMF), St John’s Innovation Centre, Cowley Road, Cambridge, CB4 0WS, UK.

When you visit a website that integrates OpenStreetMap (OSM), your IP address and other information (e.g., your interactions with the digital map, device type, browser data, operating system, timestamp) are transmitted to OSMF. OSM may store cookies in your browser or use similar recognition technologies for this purpose. The IP address and other user data are generally deleted after 180 days.

Furthermore, your location may be recorded if you have allowed this in your device settings – for example, on your mobile phone. We have no control over this data transmission.

The storage of and access to information on the end user’s device is based on informed consent pursuant to Section 25 Paragraph 1 of the German Telemedia Act (TMG). The legal basis for the further processing of your personal data is your voluntary and informed consent pursuant to Article 6 Paragraph 1 Sentence 1 Letter a of the GDPR. You grant the corresponding consent via the consent banner.

For details, please refer to the OpenStreetMap privacy policy at: https://wiki.osmfoundation.org/wiki/Privacy_Policy