1. Scope of the processing of personal data
In principle, we collect and use personal data of our users only insofar as this is necessary for rendering and providing our services and for providing our web and online platforms (including mobile apps).
As a general rule, any collection and/or use of personal data for other purposes take place only
(i) with the user's prior consent,
(ii) if the processing is for the purpose of performing a contract, or
(iii) for the protection of legitimate interests, except where such interests are outweighed by the data subject's interests or basic rights or basic freedoms that necessitate the protection of personal data.
Moreover, an exception applies in cases where, for practical reasons, it is not possible to obtain prior consent, or in cases where processing of the data is permitted by statutory provisions.
2. Legal bases
Insofar as personal data is processed on the basis of the data subject's consent, Article 6 (1), letter a GDPR forms the legal basis for the processing.
In cases where personal data is processed for the performance of a contract to which the data subject is a party, Article 6 (1), letter b GDPR forms the legal basis; this also applies to processing necessary for the implementation of precontractual measures.
If personal data is processed in order to comply with a legal obligation to which we are subject, Article 6 (1), letter c GDPR forms the legal basis. If processing of personal data is necessary in order to protect vital interests of the data subject or any other natural person, Article 6 (1), letter d GDPR forms the legal basis.
If processing takes place in order to protect a legitimate interest of our company or a third party, and this interest is outweighed by the data subject's interests or basic rights or basic freedoms, Article 6 (1), letter f GDPR forms the legal basis of the processing.
3. Obtaining consent / Right to revoke
Generally, consent under Article 6 (1), letter a GDPR is obtained electronically. Consent is given by ticking a box in the corresponding field for the purpose of documenting the granting of consent. The content of the declaration of consent is recorded electronically.
Right to revoke: Please note that consent once given may be wholly or partly revoked at any time with effect for the future. The lawfulness of the processing that, on the basis of the consent given, has taken place until such revocation will remain unaffected hereby. If you wish to revoke your consent, please use the contact details given in Section II (data controller or data protection officer).
4. Possible recipients of personal data
In order to provide our web and/or online platforms, we shall sometimes use third-party service providers, who will, when rendering their services, operate on our behalf and in accordance with our directives (commissioned processor). These service providers may receive personal data or come into contact with personal data when rendering their services and will constitute third parties or recipients within the meaning of the GDPR.
In such cases, we shall ensure that our service providers offer sufficient guarantees that suitable technical and organisational measures exist, and processing is carried out in a manner that is in keeping with the requirements of this Regulation and safeguards the protection of the data subject's rights (cf. Article 28 GDPR).
Insofar as personal data is transmitted to third parties and/or recipients outside of commissioned processing, we shall ensure that this occurs only in compliance with the requirements of the GDPR (e.g. Article 6 (4) GDPR) and only if a corresponding legal basis exists (e.g. Article 6 (4) GDPR; see also subsection IV.2).
5. Processing of data in so-called third countries
In principle, the processing of your personal data will take place within the EU or the European Economic Area ("EEA").
Merely in exceptional cases (e.g. in connection with the calling-in of service providers for rendering web analysis services) may information be transmitted to so-called "third countries". "Third parties" are countries that are outside of the European Union and the Agreement on the European Economic Area. Therefore, it cannot be automatically assumed that the level of data protection in those countries is adequate and corresponds to the standards in the EU.
If the transmitted information also includes personal data, we ensure before such a transfer that an adequate level of data protection is guaranteed in the respective third country or with the respective recipient in the third country, that you have given your consent to this, or that another reason for authorisation (e.g. Art 49 DSGVO) exists.
An appropriate level of data protection can result from a so-called "adequacy decision" of the European Commission or be ensured by using the so-called "EU standard contractual clauses". In the case of recipients in the USA, compliance with the principles of the so-called "EU-US Privacy Shield" can also ensure an appropriate level of data protection. We will be happy to provide you with further information on the appropriate and appropriate guarantees for maintaining an appropriate level of data protection upon request; the contact details can be found at the beginning of this data protection information. Information on the participants of the EU-US Privacy Shield can also be found here www.privacyshield.gov/list.
6. Data deletion and storage period
The data subject's personal data will be deleted or blocked as soon as the purpose for which the data is being processed ceases to exist. After this purpose has ceased to exist, the data will continue to be stored only if such storage is provided for by the European or national legislator in ordinances, laws or other provisions under European Union law to which our company is subject (e.g. for compliance with statutory retention duties and/or if there are legitimate interests in such storage, e.g. in the course of limitation periods for the purpose of a legal defence against any claims). The data will also be blocked or deleted when a storage period prescribed by the aforementioned standards expires, unless further storage of the data is necessary for the conclusion of a contract or for other purposes.
7. Rights of the data subject
A person whose personal data is processed is granted certain rights under the GDPR (so-called rights of the data subject, in particular Articles 12 to 22 GDPR). The data subject's individual rights are explained in greater detail in Section XI. If you wish to make use of one or more of these rights, you may contact us at any time. Please use the contact options specified under Section II.